#THE CONSTITUTION OF INDIA 

[As on May, 2022] 

2022



##LIST OF ABBREVIATIONS USED 

Art., arts.  ........................................................  for Article, articles. 

Cl., cls.     ........................................................   ″   Clause, clauses. 

C.O.          ........................................................   ″   Constitution Order. 

Ins.            ........................................................   ″    Inserted. 

P., pp.       ........................................................   ″    Page, pages. 

Pt.             ........................................................   ″    Part. 

Rep.          ........................................................   ″    Repealed. 

Ss., ss.     ..........................................................   ″    Section, sections. 

Sch.         .........................................................   ″    Schedule. 

Subs.         ........................................................   ″    Substituted. 

w.e.f.       .........................................................   ″    with effect from. 

w.r.e.f.        ......................................................   ″  with  retrospective  effect



#THE CONSTITUTION OF INDIA 

##PREAMBLE 

WE, THE  PEOPLE OF INDIA, having solemnly resolved to constitute 
into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC India 
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 

**1. Name and territory of the Union.**—(1) India, that is Bharat, 
shall be a Union of States. 

(2) The States and the territories thereof shall be as specified in 
the First Schedule.

(3) The territory of India shall comprise— 
(a) the territories of the States; 
(b)  the  Union  territories  specified  in  the  First  Schedule; 
and
(c) such other territories as may be acquired. 

**2. Admission or establishment of new States.**—Parliament may 
by law admit into the Union, or establish, new States on such terms and 
conditions as it thinks fit.

**2A**. [Sikkim to be associated with the Union.].—Omitted by the 
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

**3.  Formation  of  new  States  and  alteration  of  areas, 
boundaries or names of existing States.**—Parliament may by law— 

(a)  form  a  new  State  by  separation  of  territory  from  any 
State  or  by  uniting  two  or  more  States  or  parts  of  States  or  by 
uniting any territory to a part of any State; 

(b) increase the area of any State; 
(c) diminish the area of any State; 
(d) alter the boundaries of any State; 
(e) alter the name of any State: 

Provided  that  no  Bill  for  the  purpose  shall  be  introduced  in 
either  House  of  Parliament  except  on  the  recommendation  of  the 
President  and  unless,  where  the  proposal  contained  in  the  Bill  affects 
the area, boundaries or name of any of the States, the Bill has been 
referred by the President to the Legislature of that State for expressing 
its  views  thereon  within  such  period  as  may  be  specified  in  the 
reference or within such further period as the President may allow and 
the period so specified or allowed has expired.

Explanation  I.—In  this  article,  in  clauses  (a)  to  (e),  “State” 
includes a Union territory, but in the proviso, “State” does not include a 
Union territory. 

Explanation  II.—The  power  conferred  on  Parliament  by  clause 
(a) includes the power to form a new State or Union territory by uniting 
a  part  of  any  State  or  Union  territory  to  any  other  State  or  Union 
territory.

the  First  and 

**4.  Laws  made  under  articles  2  and  3  to  provide  for  the 
amendment  of the  Fourth  Schedules  and 
supplemental,  incidental  and  consequential  matters.**—(1)  Any  law 
referred to in article 2 or article 3 shall contain such provisions for the 
amendment  of  the  First  Schedule  and  the  Fourth  Schedule  as  may  be 
necessary  to  give  effect  to  the  provisions  of  the  law  and  may  also 
contain  such  supplemental,  incidental  and  consequential  provisions 
(including  provisions  as  to  representation  in  Parliament  and  in  the 
Legislature or Legislatures of the State or States affected by such law) 
as Parliament may deem necessary. 

(2)  No  such  law  as  aforesaid  shall  be  deemed  to  be  an 
amendment of this Constitution for the purposes of article 368.

 
                                                                                                 
##**PART II**
##CITIZENSHIP 

**5.  Citizenship  at  the  commencement  of  the  Constitution.**—At  the 
commencement of this Constitution, every person who has his domicile in the 
territory of India and—

(a) who was born in the territory of India; or 
(b) either of whose parents was born in the territory of India; or 
(c)  who  has  been  ordinarily  resident  in  the  territory  of  India  for 
not less than five years immediately preceding such commencement,   

shall be a citizen of India. 

**6.  Rights  of  citizenship  of  certain  persons  who  have  migrated  to 
India  from  Pakistan.**—Notwithstanding  anything  in  article  5,  a  person  who 
has  migrated  to  the  territory  of  India  from  the  territory  now  included  in 
Pakistan shall be deemed to be a citizen of India at the commencement of this 
Constitution if— 

(a) he or either of his parents or any of his grand-parents was born 
in India as defined in the Government of India Act, 1935 (as originally 
enacted); and 

(b)(i)  in  the  case  where  such  person  has  so  migrated  before  the 
nineteenth  day  of  July,  1948,  he  has  been  ordinarily  resident  in  the 
territory of India since the date of his migration, or 

(ii) in the case where such person has so migrated on or after the 
nineteenth day of July, 1948, he has been registered as a citizen of India 
by  an  officer  appointed  in  that  behalf  by  the  Government  of  the 
Dominion  of  India  on  an  application  made  by  him  therefor  to  such 
officer  before  the  commencement  of  this  Constitution  in  the  form  and 
manner prescribed by that Government: 
Provided that no person shall be so registered unless he has been resident 
in the territory of India for at least six months immediately preceding the date 
of his application. 

**7.  Rights  of  citizenship  of  certain  migrants  to  Pakistan.**—
Notwithstanding  anything  in  articles  5  and  6,  a  person  who has  after  the  first 
day  of  March,  1947,  migrated  from  the  territory  of  India  to  the  territory  now 
included in Pakistan shall not be deemed to be a citizen of India: 

Provided  that  nothing  in  this  article  shall  apply  to  a  person  who,  after 
having so migrated to the territory now included in Pakistan, has returned to the 
territory of India under a permit for resettlement or permanent return issued by 
or under the authority of any law and every such person shall for the purposes 
of clause  (b)  of article 6  be deemed to have  migrated to the territory of India 
after the nineteenth day of July, 1948. 

**8.  Rights  of  citizenship  of  certain  persons  of  Indian  origin  residing 
outside  India.**—Notwithstanding  anything  in  article  5,  any  person  who  or 
either  of  whose  parents  or  any  of  whose  grand-parents  was  born  in  India  as 
defined in the Government of India Act, 1935 (as originally enacted), and who 
is ordinarily residing in any country outside India as so defined shall be deemed 
to  be  a  citizen  of  India  if  he  has  been  registered  as  a  citizen  of  India  by  the 
diplomatic or consular representative of India in the country where he is for the 
time being residing on an application made by him therefor to such diplomatic 
or  consular  representative,  whether  before  or  after  the  commencement  of  this 
Constitution,  in  the  form  and  manner  prescribed  by  the  Government  of  the 
Dominion of India or the Government of India. 

**9. Persons voluntarily acquiring citizenship of a foreign State not to 
be citizens.**— No person shall be a citizen of India by virtue of article 5, or be 
deemed  to  be  a  citizen  of  India  by  virtue  of  article  6  or  article  8,  if  he  has 
voluntarily acquired the citizenship of any foreign State. 

**10. Continuance of the rights of citizenship.**—Every person who is or 
is deemed to be a citizen of India under any of the foregoing provisions of this 
Part shall, subject to the provisions of any law that may be made by Parliament, 
continue to be such citizen. 

**11. Parliament to regulate the right of citizenship by law.**—Nothing 
in  the  foregoing  provisions  of  this  Part  shall  derogate  from  the  power  of 
Parliament  to  make  any  provision  with  respect  to  the  acquisition  and 
termination of citizenship and all other matters relating to citizenship. 

 
##**PART III**
##FUNDAMENTAL RIGHTS 

###General 

**12. Definition.**—In this Part, unless the context otherwise requires, “the 
State”  includes  the  Government  and  Parliament  of  India  and  the Government 
and the Legislature of each of the States and all local or other authorities within 
the territory of India or under the control of the Government of India. 

**13.  Laws  inconsistent  with  or  in  derogation  of  the  fundamental 
rights.**—(1)  All laws in force in the  territory of India immediately before the 
commencement of this Constitution, in so far as they are inconsistent with the 
provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the 
rights conferred by this Part and any law made in contravention of this clause 
shall, to the extent of the contravention, be void. 

(3) In this article, unless the context otherwise requires,— 

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, 
notification, custom or usage having in the territory of India the force of 
law; 

(b) “laws in force” includes laws passed or made by a Legislature 
or  other  competent  authority  in  the  territory  of  India  before  the 
commencement  of  this  Constitution  and  not  previously  repealed, 
notwithstanding that any such law or any part thereof may not be then in 
operation either at all or in particular areas. 

(4)  Nothing  in  this  article  shall  apply  to  any  amendment  of  this 
Constitution made under article 368.

###Right to Equality 

**14.  Equality  before  law.**—The  State  shall  not  deny  to  any  person 
equality before the law or the equal protection of the laws within the territory of 
India. 

**15.  Prohibition of discrimination on grounds of religion, race, caste, 
sex or place of birth.**—(1) The State shall not discriminate against any citizen 
on grounds only of religion, race, caste, sex, place of birth or any of them. 

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of 
birth  or  any  of  them,  be  subject  to  any  disability,  liability,  restriction  or 
condition with regard to— 

(a) access to shops, public restaurants, hotels and places of public 
entertainment; or 

(b)  the  use  of  wells,  tanks,  bathing  ghats,  roads  and  places  of 
public resort maintained wholly or partly out of State funds or dedicated 
to the use of the general public.

(3)  Nothing  in  this  article  shall  prevent  the  State  from  making  any 
special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the 
State  from  making  any  special  provision  for  the advancement  of  any  socially 
and educationally backward classes of citizens or for the Scheduled Castes and 
the Scheduled Tribes.

(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 
shall  prevent  the  State  from  making  any  special  provision,  by  law,  for  the 
advancement of any socially and educationally backward classes of citizens or 
for  the  Scheduled  Castes  or  the  Scheduled  Tribes  in  so  far  as  such  special 
provisions relate to their admission to educational institutions including private 
educational institutions,  whether aided  or unaided by the State, other than the 
minority educational institutions referred to in clause (1) of article 30.

(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or 
clause (2) of article 29 shall prevent the State from making,— 

for 

for 

(a)  any  special  provision 
the  advancement  of  any 
economically  weaker  sections  of  citizens  other  than  the  classes 
mentioned in clauses (4) and (5); and  

(b)  any  special  provision 

the  advancement  of  any 
economically  weaker  sections  of  citizens  other  than  the  classes 
mentioned  in  clauses  (4)  and  (5)  in  so  far  as  such  special  provisions 
relate  to  their  admission  to  educational  institutions  including  private 
educational  institutions,  whether  aided  or  unaided  by  the  State,  other 
than  the  minority  educational  institutions  referred  to  in  clause  (1)  of 
article  30,  which  in  the case  of  reservation  would  be in  addition to  the 
existing  reservations  and  subject  to  a  maximum  of  ten  per  cent.  of  the 
total seats in each category.

Explanation.—For the  purposes  of this  article  and  article  16, 
"economically  weaker  sections"  shall  be such as  may be notified by the State 
from  time  to  time  on  the  basis  of  family  income  and  other  indicators  of 
economic disadvantage.

**16.  Equality  of  opportunity  in  matters  of  public  employment.**—(1) 
There  shall  be  equality  of  opportunity  for  all  citizens  in  matters  relating  to 
employment or appointment to any office under the State. 

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, 
place of birth, residence or any of them, be ineligible for, or discriminated against 
in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law 
prescribing, in regard to a class or classes of employment or appointment to an 
office 1[under the Government of, or any local or other authority within, a State 
or Union territory, any requirement  as to residence within that State or Union 
territory] prior to such employment or appointment. 

(4)  Nothing  in  this  article  shall  prevent  the  State  from  making  any 
provision  for  the  reservation  of  appointments  or  posts  in  favour  of  any 
backward class of citizens which, in the opinion of the State, is not adequately 
represented in the services under the State. 

(4A)  Nothing  in  this  article  shall  prevent  the  State  from  making  any 
provision  for  reservation  3[in  matters  of  promotion,  with  consequential 
seniority,  to  any  class]  or  classes  of  posts  in  the  services  under  the  State  in 
favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion 
of the State, are not adequately represented in the services under the State.

(4B)  Nothing  in  this  article  shall  prevent  the  State  from  considering 
any unfilled vacancies of a year which are reserved for being filled up in that 
year in accordance with any provision for reservation made under clause (4) or 
clause (4A) as  a separate class of  vacancies  to be  filled up in any succeeding 
year or years and such class of vacancies shall not be considered together with 
the vacancies of the year in which they are being filled up for determining the 
ceiling of fifty per cent. reservation on total number of vacancies of that year.

(5)  Nothing  in  this  article  shall  affect  the  operation  of  any  law  which 
provides  that the incumbent of an office in  connection with the affairs of any 
religious  or  denominational  institution  or  any  member  of  the  governing  body 
thereof  shall  be  a  person  professing  a  particular  religion  or  belonging  to  a 
particular denomination.

(6)  Nothing  in  this  article  shall  prevent  the  State  from  making  any 
provision  for  the  reservation  of  appointments  or  posts  in  favour  of  any 
economically  weaker  sections  of  citizens  other  than  the  classes  mentioned  in 
clause (4), in addition to the existing reservation and subject to a maximum of 
ten per cent. of the posts in each category.

**17. Abolition of Untouchability.**—“Untouchability” is abolished and its 
practice in any form is forbidden. The enforcement of any disability arising out 
of “Untouchability” shall be an offence punishable in accordance with law. 

**18.  Abolition  of  titles.**—(1)  No  title,  not  being  a  military  or  academic 
distinction, shall be conferred by the State. 

(2) No citizen of India shall accept any title from any foreign State. 

(3)  No  person  who  is  not  a  citizen  of  India  shall,  while  he  holds  any 
office  of  profit  or  trust  under  the  State,  accept  without  the  consent  of  the 
President any title from any foreign State. 

(4) No person holding any office of profit or trust under the State shall, 
without the consent of the President, accept any present, emolument, or office 
of any kind from or under any foreign State.  

###Right to Freedom 

**19. Protection  of certain  rights regarding freedom of speech,  etc.**—

(1) All citizens shall have the right— 

(a) to freedom of speech and expression; 

(b) to assemble peaceably and without arms; 
(c) to form associations or unions or co-operative societies;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and
(f)[Repealed]

(g) to practise any profession, or to carry on any occupation, trade or 
business.

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of 
any  existing law,  or prevent the State from  making any law, in so far as such 
law imposes reasonable restrictions on the exercise of the right conferred by the 
said sub-clause in the interests of  4[the sovereignty and integrity of India], the 
security  of  the  State,  friendly  relations  with  foreign  States,  public  order, 
decency  or  morality,  or  in  relation  to  contempt  of  court,  defamation  or 
incitement to an offence.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation 
of  any  existing  law  in  so  far  as  it  imposes,  or  prevent  the  State  from  making 
any law imposing, in the interests of the sovereignty and integrity of India or
public  order,  reasonable  restrictions  on  the  exercise  of  the  right  conferred  by 
the said sub-clause. 

(4) Nothing in sub-clause (c) of the said clause shall affect the operation 
of  any  existing  law  in  so  far  as  it  imposes,  or  prevent  the  State  from  making 
any law imposing, in the interests of 4[the sovereignty and integrity of India or] 
public  order  or  morality,  reasonable  restrictions  on  the  exercise  of  the  right 
conferred by the said sub-clause. 

(5)  Nothing  in  sub-clauses  (d)  and  (e)  of  the  said  clause  shall  affect 
the  operation of  any  existing  law  in  so  far  as  it  imposes,  or  prevent  the State 
from making any law imposing, reasonable restrictions on the exercise of any 
of  the  rights  conferred  by  the  said  sub-clauses  either  in  the  interests  of  the 
general public or for the protection of the interests of any Scheduled Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation 
of  any  existing  law  in  so  far  as  it  imposes,  or  prevent  the  State  from  making 
any law imposing, in the interests of the general public, reasonable restrictions 
on the exercise of the right conferred by the said sub-clause, and, in particular, 
nothing in the said sub-clause shall affect the operation of any existing law in 
so far as it relates to, or prevent the State from making any law relating to,— 

(i) the professional or technical qualifications necessary for practising 
any profession or carrying on any occupation, trade or business, or 

(ii)  the  carrying  on  by  the  State,  or  by  a  corporation  owned  or 
controlled  by  the  State,  of  any  trade,  business,  industry  or  service, 
whether to the exclusion, complete or partial, of citizens or otherwise.

**20.  Protection  in  respect  of  conviction  for  offences.**—(1)  No  person 
shall be convicted of  any  offence except  for violation of a law in force at the 
time of the commission of the Act charged as an offence, nor be subjected to a 
penalty greater than that which might have been inflicted under the law in force 
at the time of the commission of the offence. 

(2)  No  person  shall  be  prosecuted  and  punished  for  the  same  offence 
more than once. 

(3) No person accused of any offence shall be compelled to be a witness 
against himself. 

**21.  Protection  of  life  and  personal  liberty.**—No  person  shall  be 
deprived  of  his  life  or  personal  liberty  except  according  to  procedure 
established by law. 

**21A.  Right  to  education.**—The  State  shall  provide  free  and 
compulsory education to all children of the age of six to fourteen years in such 
manner as the State may,  by law,  determine.

**22. Protection against arrest and detention in certain cases.**—(1) No 
person who is arrested shall be detained in custody without being informed, as 
soon as may be, of the grounds for such arrest nor shall he be denied the right 
to consult, and to be defended by, a legal practitioner of his choice.

(2)  Every  person  who  is  arrested  and  detained  in  custody  shall  be 
produced before the nearest magistrate within a period of twenty-four hours of 
such arrest excluding the time necessary for the journey from the place of arrest 
to the court of the magistrate and no such person shall be detained in custody 
beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply— 

(a) to any person who for the time being is an enemy alien; or 
(b) to any person who is arrested or detained under any law providing 
for preventive detention.

[^1](4)  No  law  providing  for  preventive  detention  shall  authorise  the 
detention of a person for a longer period than three months unless— 

(a) an Advisory Board consisting of persons  who are, or have been, 
or are qualified to be appointed as, Judges of a High Court has reported 
before the expiration of the said period of three months that there is in its 
opinion sufficient cause for such detention:





[^1] Cl. (4) shall stand substituted by the Constitution (Forty-fourth   Amendment) Act, 1978, s. 3 (date 
yet to be notified) as— 

"(4) No law providing for preventive detention shall authorise the detention of a person for 
a  longer  period  than  two  months  unless  an  Advisory  Board  constituted  in  accordance  with  the 
recommendations  of  the  Chief  Justice  of  the  appropriate  High  Court  has  reported  before  the 
expiration  of  the  said  period  of  two  months  that  there  is  in  its  opinion  sufficient  cause  for  such 
detention: 

Provided that an  Advisory  Board shall consist of a  Chairman and  not  less  than two other 
members, and the Chairman shall be a serving  Judge of the appropriate High Court and the  other 
members shall be serving or retired Judges of any High Court : 

Provided  further  that  nothing  in  this  clause  shall  authorise  the  detention  of  any  person 
beyond  the  maximum  period  prescribed  by  any  law  made  by  Parliament  under  sub-clause  (a)  of 
clause (7). 

Explanation.—In this clause, "appropriate High Court" means,— 

(i)  in the case of the detention of a  person  in pursuance of an order of detention 
made  by  the  Government  of  India  or  an  officer  or  authority  subordinate  to  that 
Government, the High Court for the Union territory of Dehli; 

(ii) in the case of the detention of a person in pursuance of an order of detention 
made  by  the  Government  of  any  State  (other  than  a  Union  territory),  the  High  Court  for 
that State; and 

(iii) in the case of the detention of a person in pursuance of an order of detention 
made by the administrator of a Union territory or an officer or authority subordinate to such 
administrator,  such  High  Court  as  may  be  specified  by  or  under  any  law  made  by 
Parliament in this behalf.". 






Provided that nothing in this sub-clause shall authorise the detention 
of any person beyond the maximum period prescribed by any law made 
by Parliament under sub-clause (b) of clause (7); or 

(b) such person is detained in accordance with the provisions of any 
law made by Parliament under sub-clauses (a) and (b) of clause (7). 

(5)  When  any  person  is  detained  in  pursuance  of  an  order  made  under 
any  law  providing  for  preventive  detention,  the  authority  making  the  order 
shall, as soon as may be, communicate to such person the grounds on which the 
order has been made and shall afford him the earliest opportunity of making a 
representation against the order. 

(6)  Nothing  in  clause  (5)  shall  require  the  authority  making  any  such 
order  as  is  referred  to  in  that  clause  to  disclose  facts  which  such  authority 
considers to be against the public interest to disclose. 

(7) Parliament may by law prescribe— 

(a) the circumstances under which, and the class or classes of cases 
in which, a person may be detained for a period longer than three months 
under any law providing for preventive detention without obtaining the 
opinion of an Advisory Board in accordance with the provisions of sub-
clause (a) of clause (4); 

(b) the maximum period for which any person may in any class or 
classes  of  cases  be  detained  under  any  law  providing  for  preventive 
detention; and 

(c)  the  procedure  to  be  followed  by  an  Advisory  Board  in  an 

inquiry under sub-clause (a) of clause (4). 


###Right against Exploitation 

**23.  Prohibition  of  traffic  in  human  beings  and  forced  labour.**—(1) 
Traffic in human beings and begar and other similar forms of forced labour are 
prohibited  and  any  contravention  of  this  provision  shall  be  an  offence 
punishable in accordance with law. 

(2)  Nothing  in  this  article  shall  prevent  the  State  from  imposing 
compulsory service for public purposes, and in imposing such service the State 
shall  not  make  any  discrimination  on  grounds  only  of  religion,  race,  caste  or 
class or any of them. 

**24. Prohibition of employment of children in factories, etc.**—No child 
below  the  age  of  fourteen  years  shall  be  employed  to  work  in  any  factory  or 
mine or engaged in any other hazardous employment.

###Right to Freedom of Religion 

**25.  Freedom  of  conscience  and  free  profession,  practice  and 
propagation of religion.**—(1) Subject to public order, morality and health and 
to the other provisions of this Part, all persons are equally entitled to freedom 
of conscience and the right freely to profess, practice and propagate religion. 

(2) Nothing in this article shall affect the operation of any existing law or 
prevent the State from making any law— 

(a)  regulating  or  restricting  any  economic,  financial,  political  or 
other secular activity which may be associated with religious practice; 

(b) providing for social welfare and reform or the throwing open 
of  Hindu  religious  institutions  of  a  public  character  to  all  classes  and 
sections of Hindus. 

Explanation I.—The wearing and carrying of kirpans shall be deemed to 
be included in the profession of the Sikh religion. 

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus 
shall be construed as including a reference to persons professing the Sikh, Jaina 
or Buddhist religion, and the  reference to  Hindu  religious institutions shall be 
construed accordingly. 

**26.  Freedom  to  manage  religious  affairs.**—Subject  to  public  order, 
morality and health, every religious denomination  or any section thereof shall 
have the right— 

(a) to establish and maintain  institutions for religious and charitable 
purposes; 
(b) to manage its own affairs in matters of religion; 
(c) to own and acquire movable and immovable property; and 
(d) to administer such property in accordance with law. 

**27. Freedom as to payment of taxes for promotion of any particular 
religion.**—No  person  shall  be  compelled  to  pay  any  taxes,  the  proceeds  of 
which  are specifically  appropriated  in payment of expenses  for the promotion 
or maintenance of any particular religion or religious denomination. 

**28.  Freedom  as  to  attendance  at  religious  instruction  or  religious 
worship  in  certain  educational  institutions.**—(1)  No  religious  instruction 
shall be provided in any educational institution wholly maintained out of State 
funds. 

(2) Nothing in clause (1) shall apply to an educational institution which 
is administered by the State but has been established under any endowment or 
trust  which  requires  that  religious  instruction  shall  be  imparted  in  such 
institution. 

(3)  No  person  attending  any  educational  institution  recognised  by  the 
State  or  receiving  aid  out  of  State  funds  shall  be  required  to  take  part  in  any 
religious  instruction  that  may  be  imparted  in  such  institution  or  to  attend  any 
religious worship that may be conducted in such institution or in any premises 
attached thereto unless such person or, if such person is a minor, his guardian 
has given his consent thereto. 

###Cultural and Educational Rights 

**29.  Protection  of  interests  of  minorities.**—(1)  Any  section  of  the 
citizens  residing  in  the  territory  of  India  or  any  part  thereof  having  a  distinct 
language, script or culture of its own shall have the right to conserve the same. 

(2) No citizen shall be denied admission into any educational institution 
maintained by the State or receiving aid out of State funds on grounds only of 
religion, race, caste, language or any of them. 

**30.  Right  of  minorities  to  establish  and  administer  educational 
institutions.**—(1) All minorities, whether based on religion or language, shall 
have  the  right  to  establish  and  administer  educational  institutions  of  their 
choice.

(1A)  In  making  any  law  providing  for  the  compulsory  acquisition  of 
any  property  of  an  educational  institution  established  and  administered  by  a 
minority, referred to in clause (1), the State shall ensure that the amount fixed 
by or determined under such law for the acquisition of such property is such as 
would not restrict or abrogate the right guaranteed under that clause.

(2)  The  State  shall  not,  in  granting  aid  to  educational  institutions, 
discriminate  against  any  educational  institution  on  the  ground  that  it  is  under 
the management of a minority, whether based on religion or language.

31A.  Saving  of  laws  providing  for  acquisition  of  estates,  etc.— 
(1)    Notwithstanding    anything  contained  in  article  13,  no  law  providing 
for— 

(a) the acquisition by the State of any estate or of any rights therein 
or the extinguishment or modification of any such rights, or 

(b)  the  taking over  of  the  management  of  any  property  by  the  State 
for a limited period either in the public interest or in order to secure the 
proper management of the property, or 

(c)  the amalgamation of two or more corporations either in the public 
interest  or  in  order  to  secure  the  proper  management  of  any  of  the 
corporations, or 

(d)  the  extinguishment  or  modification  of  any  rights  of  managing 
agents,  secretaries  and  treasurers,  managing  directors,  directors  or 
managers of corporations, or of any voting rights of shareholders thereof, 
or

(e)  the  extinguishment  or  modification  of  any  rights  accruing  by 
virtue of any agreement, lease or licence for the purpose of searching for, 
or winning, any mineral or mineral oil, or the premature termination or 
cancellation of any such agreement, lease or licence, 

shall be deemed to be void on the ground that it is inconsistent with, or takes 
away or abridges any of the rights conferred by article 14 or article 19: 

Provided that where such law is a law made by the Legislature of a State, 
the  provisions  of  this  article  shall  not  apply  thereto  unless  such  law,  having 
been reserved for the consideration of the President, has received his assent:

Provided  further  that  where  any  law  makes  any  provision  for  the 
acquisition by the State of any estate and where any land comprised therein is 
held  by  a  person  under  his  personal  cultivation,  it  shall  not  be  lawful  for  the 
State to acquire any portion of such land as is within the ceiling limit applicable 
to  him  under  any  law  for  the  time  being  in  force or  any  building  or  structure 
standing  thereon  or  appurtenant  thereto,  unless  the  law  relating  to  the 
acquisition  of  such  land,  building  or  structure,  provides  for  payment  of 
compensation at a rate which shall not be less than the market value thereof.

  (2) In this article,— 

(a) the expression “estate” shall, in relation to any local area, have 
the  same  meaning  as  that  expression  or  its  local  equivalent  has  in  the 
existing law relating  to land tenures in force in that area and shall also 
include— 

(i) any jagir, inam or muafi or other similar grant and in the States 

of Tamil Nadu and Kerala, any janmam right; 
(ii) any land held under ryotwari settlement; 

(iii)  any  land  held  or  let  for  purposes  of  agriculture  or  for 
purposes ancillary thereto, including waste land, forest land, land for 
pasture  or  sites  of  buildings  and  other  structures  occupied  by 
cultivators of land, agricultural labourers and village artisans;

(b) the expression “rights”, in relation to an estate, shall include any 
rights  vesting  in  a  proprietor,  sub-proprietor,  under-proprietor,  tenure-
holder,  raiyat,  under-raiyat  or  other  intermediary  and  any  rights  or 
privileges in respect of land revenue.





























**31B.  Validation  of  certain  Acts  and  Regulations.**—Without 
prejudice to  the generality of the provisions contained in article 31A, none of 
the  Acts  and  Regulations  specified  in  the  Ninth  Schedule  nor  any  of  the 
provisions thereof shall be deemed to be void, or ever to have become void, on 
the ground that such Act, Regulation or provision is inconsistent with, or takes 
away or abridges any of the rights conferred by, any provisions of this Part, and 
notwithstanding any judgment, decree or order of any court or Tribunal to the 
contrary,  each of the  said  Acts  and Regulations shall, subject to the power of 
any competent Legislature to repeal or amend it, continue in force.

**31C. Saving of laws giving effect to certain directive principles.**—
Notwithstanding  anything  contained  in  article  13,  no  law  giving  effect  to  the 
policy of the State towards securing  all or any of the principles laid down in 
Part IV shall be deemed to be void on the ground that it is inconsistent with, or 
takes away or abridges any of the rights conferred by article 14 or article 19; 
*and no law containing a declaration that it is for giving effect to such policy 
shall be called in question in any court on the ground that it does not give effect 
to such policy*:

Provided that where such law is made by the Legislature of a State, the 
provisions  of  this  article  shall  not  apply  thereto unless  such  law, having  been 
reserved for the consideration of the President, has received his assent.

 31D. *Saving of  laws  in  respect  of  anti-national  activities.—Omitted  
by the Constitution (Forty-third Amendment) Act*,1977, s. 2 (w.e.f.13-4-1978). 



###Right  to Constitutional Remedies 

**32. Remedies for enforcement  of rights conferred  by this Part.**—(1) 
The  right  to  move  the  Supreme  Court  by  appropriate  proceedings  for  the 
enforcement of the rights conferred by this Part is guaranteed. 

(2) The Supreme Court shall have power to issue directions or orders or 
writs,  including  writs  in  the nature  of  habeas  corpus,  mandamus,  prohibition, 
quo  warranto  and  certiorari,  whichever  may  be  appropriate,  for  the 
enforcement of any of the rights conferred by this Part. 

(3) Without prejudice to the powers conferred on the Supreme Court by 
clauses (1) and (2), Parliament may by law empower any other court to exercise 
within the local limits of its jurisdiction all or any of the powers exercisable by 
the Supreme Court under clause (2). 

(4) The right guaranteed by this article shall not be suspended except as 
otherwise provided for by this Constitution. 

**32A**.  *Constitutional  validity  of  State  laws  not  to  be  considered  in 
proceedings  under  article  32.—Omitted  by  the  Constitution  (Forty-third 
Amendment) Act, 1977, s.* 3 (w.e.f. 13-4-1978).

**33. Power of Parliament to modify the rights conferred by this Part 
in their application to Forces, etc.**—Parliament may, by law, determine to what 
extent any of the rights conferred by this Part shall, in their application to,— 

(a)  the members of the Armed Forces; or 

(b) the members of the Forces charged with the maintenance of 
public order; or 

(c) persons employed in any bureau or other organisation established 
by the State for purposes of intelligence or counter intelligence; or 

(d) person employed in, or in connection with, the telecommunication 
systems  set  up  for  the  purposes  of  any  Force,  bureau  or  organisation 
referred to in clauses (a) to (c), 

be restricted  or  abrogated  so  as  to  ensure the  proper  discharge of  their  duties 
and the maintenance of discipline among them.

**34. Restriction on rights conferred by this Part while martial law is 
in  force in  any  area.**—Notwithstanding  anything  in  the  foregoing  provisions 
of this Part, Parliament may by law indemnify any person in the service of the 
Union  or  of  a  State  or  any  other  person  in  respect  of  any  act  done  by  him  in 
connection with the maintenance or restoration of order in any area within the 
territory  of  India  where  martial  law  was  in  force  or  validate  any  sentence 
passed, punishment inflicted, forfeiture ordered or other act done under martial 
law in such area. 

**35.  Legislation  to  give  effect  to  the  provisions  of  this  Part.**—

Notwithstanding anything in this Constitution,—  

(a)  Parliament  shall  have,  and  the  Legislature  of  a  State  shall  not 
have, power to make laws— 

(i)  with  respect  to  any  of  the  matters  which  under  clause  (3)  of 
article  16,  clause  (3)  of  article  32,  article  33  and  article  34  may  be 
provided for by law made by Parliament; and  

(ii)  for  prescribing  punishment  for  those  acts  which  are  declared 
to be offences under this Part,  

and Parliament shall, as soon as may be after the commencement of this 
Constitution, make laws for prescribing punishment for the acts referred 
to in sub-clause (ii); 

(b)  any  law  in  force  immediately  before  the  commencement  of  this 
Constitution  in  the  territory  of  India  with  respect  to  any of  the  matters 
referred to in sub-clause (i) of clause (a) or providing for punishment for 
any  act  referred  to  in  sub-clause  (ii)  of  that  clause  shall,  subject  to  the 
terms thereof and to any adaptations and modifications that may be made 
therein  under  article  372,  continue  in  force  until  altered  or  repealed  or 
amended by Parliament. 

Explanation.—In this article, the expression "law in force'' has the same 
meaning as in article 372.  

 

##**PART IV** 
##DIRECTIVE PRINCIPLES OF STATE POLICY 

**36. Definition.**—In this Part, unless the context otherwise requires, “the 
State” has the same meaning as in Part III. 

**37.  Application  of  the  principles  contained  in  this  Part.**—The 
provisions contained in this Part shall not be enforceable by any court, but the 
principles therein laid down are nevertheless fundamental in the governance of 
the  country  and  it  shall  be  the  duty  of  the  State  to  apply  these  principles  in 
making laws.

**38.  State  to  secure a  social  order  for the  promotion of welfare of the 
people.**—(1)  The  State  shall  strive  to  promote  the  welfare  of  the  people  by 
securing  and  protecting  as  effectively  as  it  may  a  social  order in  which  justice, 
social, economic and political, shall inform all the institutions of the national life. 
(2) The State shall, in particular, strive to minimise the inequalities in 
income,  and  endeavour  to  eliminate  inequalities  in  status,  facilities  and 
opportunities, not only amongst individuals but also amongst groups of people 
residing in different areas or engaged in different vocations.

**39.  Certain  principles  of  policy  to  be  followed  by  the  State.**—The 
State shall, in particular, direct its policy towards securing— 

(a) that the citizens, men and women equally, have the right to an 
adequate means of livelihood; 

(b) that the ownership and control of the material resources of the 
community are so distributed as best to subserve the common good; 

(c) that the operation of the economic system does not result in the 
concentration  of  wealth  and  means  of  production  to  the  common 
detriment;

(d) that there is equal pay for equal work for both men and women; 
(e) that the health and strength of  workers,  men and women, and 
the tender age of children are not abused and that citizens are not forced 
by  economic  necessity  to  enter  avocations  unsuited  to  their  age  or 
strength;

(f) that children are given opportunities and facilities to develop 
in  a  healthy  manner  and  in  conditions  of  freedom  and  dignity  and  that 
childhood and youth are protected against exploitation and against moral 
and material abandonment.

**39A. Equal justice and free legal aid.**—The State shall secure that the 
operation of the legal system promotes justice, on a basis of equal opportunity, 
and shall, in particular, provide free legal aid, by suitable legislation or schemes 
or  in  any  other  way,  to  ensure  that  opportunities  for  securing  justice  are  not 
denied to any citizen by reason of economic or other disabilities.

**40. Organisation of village panchayats.**—The State shall take steps to 
organise village panchayats and endow them with such powers and authority as 
may be necessary to enable them to function as units of self-government. 

**41.  Right  to  work,  to  education  and  to  public  assistance  in  certain 
cases.**—The  State  shall,  within  the  limits  of  its  economic  capacity  and 
development,  make  effective  provision  for  securing  the  right  to  work,  to 
education and to public assistance in cases of unemployment, old age, sickness 
and disablement, and in other cases of undeserved want. 

**42. Provision for just and humane conditions of work and maternity 
relief.**—The  State  shall  make  provision  for  securing  just  and  humane 
conditions of work and for maternity relief. 

**43.  Living  wage,  etc.,  for  workers.**—The  State  shall  endeavour  to 
secure, by suitable legislation or economic organisation or in any other way, to 
all  workers,  agricultural,  industrial  or  otherwise,  work,  a  living  wage, 
conditions  of  work  ensuring  a  decent  standard  of  life  and  full  enjoyment  of 
leisure  and  social  and  cultural  opportunities  and,  in  particular,  the  State  shall 
endeavour to promote cottage industries on an individual or co-operative basis 
in rural areas. 

**43A.  Participation  of  workers  in  management  of  industries.**—The 
State shall take steps, by suitable legislation or in any other way, to secure the 
participation of workers in the management of undertakings, establishments or 
other organisations engaged in any industry.

**43B. Promotion of co-operative societies.**—The State shall endeavour 
to  promote  voluntary  formation,  autonomous  functioning,  democratic  control 
and professional management of co-operative societies.

**44. Uniform civil code for the citizens.**—The State shall endeavour to 
secure for the citizens a uniform civil code throughout the territory of India. 

**45.  Provision  for  early  childhood  care  and  education  to  children 
below  the  age  of  six  years.**—The  State  shall  endeavour  to  provide  early 
childhood care and education for all children until they complete the age of six 
years.

**46. Promotion  of  educational  and  economic  interests  of  Scheduled 
Castes,  Scheduled  Tribes  and  other  weaker  sections.**—The  State  shall 
promote with special care the educational and economic interests of the weaker 
sections  of  the  people,  and,  in  particular,  of  the  Scheduled  Castes  and  the 
Scheduled Tribes, and shall protect them from social injustice and all forms of 
exploitation.

**47. Duty of the State to raise the level of nutrition and the standard 
of living and to improve public health.**—The State shall regard the raising of 
the  level  of  nutrition  and  the  standard  of  living  of  its  people  and  the 
improvement of public health as among its primary duties and, in particular, the 
State shall endeavour to bring about prohibition of the consumption except for 
medicinal  purposes  of  intoxicating drinks  and  of  drugs  which  are  injurious  to 
health.

**48.  Organisation  of  agriculture  and  animal  husbandry.**—The  State 
shall  endeavour  to organise  agriculture and  animal  husbandry  on  modern  and 
scientific lines and shall, in particular, take steps for preserving and improving 
the  breeds,  and prohibiting  the  slaughter,  of  cows  and  calves  and  other  milch 
and draught cattle. 

**48A.  Protection  and improvement  of environment  and 
safeguarding  of  forests  and  wild  life.**—The  State  shall  endeavour  to protect 
and improve the environment and to safeguard the forests and wild life of the 
country.

**49.  Protection  of  monuments  and  places  and  objects  of  national 
importance.**—It shall be the obligation of the State to protect every monument 
or  place  or  object  of  artistic  or  historic  interest,  declared  by  or  under  law 
made  by  Parliament to  be  of  national importance,  from  spoliation, 
disfigurement, destruction, removal, disposal or export, as the case may be.

**50. Separation of judiciary from executive.**—The State shall take steps 
to separate the judiciary from the executive in the public services of the State.

**51.  Promotion  of  international  peace  and  security.**—The  State  shall 
endeavour to— 

(a)  promote international peace and security; 

(b)  maintain just and honourable relations between nations; 

(c) foster respect for international law and treaty obligations in the 
dealings of organised peoples with one another; and 

(d) encourage settlement of international disputes by arbitration.  


##**PART IVA**

##FUNDAMENTAL DUTIES 

**51A.  Fundamental  duties.**—It  shall  be  the  duty  of  every  citizen  of 
India— 

(a)  to  abide  by  the  Constitution  and  respect  its  ideals  and 
institutions, the National Flag and the National Anthem; 

(b)  to  cherish  and  follow  the  noble  ideals  which  inspired  our 
national struggle for freedom; 

(c)  to  uphold  and  protect  the  sovereignty,  unity  and  integrity  of 
India; 

(d) to defend the country and render national service when called 
upon to do so; 

(e)  to  promote  harmony  and  the  spirit  of  common  brotherhood 
amongst  all  the  people  of  India  transcending  religious,  linguistic  and 
regional or sectional diversities; to renounce practices derogatory to the 
dignity of women; 

(f)  to  value  and  preserve  the  rich  heritage  of  our  composite 
culture; 

(g)  to  protect  and  improve  the  natural  environment  including 
forests,  lakes,  rivers  and  wild  life,  and  to  have  compassion  for  living 
creatures; 

(h)  to  develop  the  scientific  temper,  humanism  and  the  spirit  of 
inquiry and reform; 

(i) to safeguard public property and to abjure violence; 
(j)  to  strive  towards  excellence  in  all  spheres  of  individual  and 
collective  activity  so  that  the  nation  constantly  rises  to  higher  levels  of 
endeavour and achievement; ] 

(k)  who  is  a  parent  or  guardian  to  provide  opportunities  for 
education to his child or, as  the case may be, ward between the age of 
six and fourteen years.
 
 

##**PART  V**
##THE UNION

###CHAPTER I.—THE EXECUTIVE 
###The President and Vice-President 

**52. The President of India.**—There shall be a President of India. 

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

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

(3) Nothing in this article shall— 

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

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

**54.  Election  of  President.**—The  President  shall  be  elected  by  the 
members of an electoral college consisting of— 

(a) the elected members of both Houses of Parliament; and 
(b)  the elected members of the Legislative Assemblies of the States. 

Explanation.—In  this  article  and  in  article  55,  “State”  includes  the 
National Capital Territory of Delhi and the Union territory of  Pondicherry.

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

(2) For the purpose of securing such uniformity among the States inter se 
as well as parity between the States as a  whole and the Union, the number of 
votes  which  each  elected  member  of  Parliament  and  of  the  Legislative 
Assembly of each State is entitled to cast at such election shall be determined in 
the following manner:— 

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

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

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

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

Explanation.—In  this  article,  the  expression  “population”  means  the 
population  as  ascertained  at  the  last  preceding  census  of  which  the  relevant 
figures have been published: 

Provided  that  the  reference  in  this  Explanation  to  the  last  preceding 
census  of  which  the  relevant  figures  have  been  published  shall,  until  the 
relevant  figures  for  the  first  census  taken  after  the  year  2026  have  been 
published, be construed as a reference to the 1971 census.

**56. Term of office of President.**—(1) The President shall hold office for 
a term of five years from the date on which he enters upon his office: 

Provided that— 

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

(b) the President  may,  for  violation of  the Constitution, be removed 
from office by impeachment in the manner provided in article 61; 

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

(2) Any resignation addressed to the Vice-President under clause (a) of 
the  proviso  to  clause  (1)  shall  forthwith  be  communicated  by  him  to  the 
Speaker of the House of the People. 

**57. Eligibility for re-election.**—A person who holds,  or who  has held, 
office as President shall, subject to the other provisions of this Constitution, be 
eligible for re-election to that office. 

**58.  Qualifications  for  election  as  President.**—(1)  No  person  shall  be 
eligible for election as President unless he— 
(a) is a citizen of India, 
(b) has completed the age of thirty-five years, and 
(c) is qualified for election as a member of the House of the People. 

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

Explanation.—For  the  purposes  of  this  article,  a  person  shall  not  be 
deemed  to  hold any office of profit by reason only that he is the President or 
Vice-President of the Union or the Governor of any State or is a Minister 
either for the Union or for any State. 

**59. Conditions of President's office.**—(1) The President shall not be a 
member of either House of Parliament or of a House of the Legislature of any 
State,  and  if  a  member  of  either  House  of  Parliament  or  of  a  House  of  the 
Legislature  of  any  State  be  elected  President,  he  shall  be  deemed  to  have 
vacated his seat in that House on the date on which he enters upon his office as 
President. 

(2) The President shall not hold any other office of profit. 
(3) The President shall be entitled without payment of rent to the use of 
his  official  residences  and  shall  be  also  entitled  to  such  emoluments, 
allowances  and  privileges  as  may  be  determined  by  Parliament  by  law  and, 
until  provision  in  that  behalf  is  so  made,  such  emoluments,  allowances  and 
privileges as are specified in the Second Schedule. 

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

**60. Oath or affirmation by the President.**—Every President and every 
person  acting  as  President  or  discharging  the functions  of  the President  shall, 
before entering upon his office, make and subscribe in the presence of the Chief 
Justice of India or, in his absence, the senior-most Judge of the Supreme Court 
available, an oath or affirmation in the following form, that is to say—

"I,  A.B., do swear in the name of  God  that I will  faithfully  execute the office     
                       solemnly affirm 

of President (or discharge the functions of the President) of India and will to the best 
of my ability preserve,  protect  and  defend  the Constitution  and  the  law  and  that  
I  will  devote  myself  to  the  service  and  well-being of  the  people  of  India.".

**61.  Procedure  for  impeachment  of  the  President.**—(1)  When  a 
President is to be impeached for violation of the Constitution, the charge shall 
be preferred by either House of Parliament. 

(2) No such charge shall be preferred unless— 

(a)  the  proposal  to  prefer  such  charge  is  contained  in  a  resolution 
which  has  been  moved  after  at  least  fourteen  days'  notice  in  writing 
signed by not less than one-fourth of the total number of members of the 
House has been given of their intention to move the resolution, and 

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

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

(4) If as a result of the investigation a resolution is passed by a majority 
of not less than two-thirds of the total membership of the House by which the 
charge was investigated or caused to be investigated, declaring that the 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 the 
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)  The  Vice-President  shall  not  be  a  member  of  either  House  of 
Parliament  or of  a House of  the Legislature  of  any  State,  and  if a  member of 
either  House  of  Parliament  or  of  a  House  of  the  Legislature  of  any  State  be 
elected  Vice-President,  he  shall  be  deemed  to  have  vacated  his  seat  in  that 
House on the date on which he enters upon his office as Vice-President. 

(3) No person shall be eligible for election as Vice-President unless he— 

(a) is a citizen of India; 
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States. 

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

Explanation.—For  the  purposes  of  this  article,  a  person  shall  not  be 
deemed  to  hold any office of profit by reason only that he is the President or 
Vice-President of the Union or the Governor of any State or is a Minister 
either for the Union or for any State. 

**67.  Term  of  office  of  Vice-President.**—The  Vice-President  shall  hold 
office for a term of five years from the date on which he enters upon his office: 

Provided that— 

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

(b) a Vice-President may be removed from his office by a resolution 
of the Council of States passed by a majority of all the then members of 
the Council and agreed to by the House of the People; but no resolution 
for  the  purpose  of  this  clause  shall  be  moved  unless  at  least  fourteen 
days' notice has been given of the intention to move the resolution; 

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

**68.  Time  of  holding  election  to  fill  vacancy  in  the  office  of  Vice-
President and the term of office of person elected to fill casual vacancy.**—
(1) An election to fill a vacancy caused by the expiration of the term of office 
of Vice-President shall be completed before the expiration of the term. 

(2)  An  election  to  fill  a  vacancy  in  the  office  of  Vice-President 
occurring by reason of his death, resignation or removal, or otherwise shall be 
held  as  soon  as  possible  after  the  occurrence  of  the  vacancy,  and  the  person 
elected  to  fill  the  vacancy  shall,  subject  to  the  provisions  of  article  67,  be 
entitled to hold office for the full term of five years from the date on which he 
enters upon his office. 

**69.  Oath  or  affirmation  by  the  Vice-President.**—Every  Vice-
President shall, before entering upon his office, make and subscribe before the 
President,  or  some  person  appointed  in  that  behalf  by  him,  an  oath  or 
affirmation in the following form, that is to say— 

   "I, A.B., do swear in the name of God that  I  will  bear   true  faith  and                                                
                           solemnly affirm                                                     

allegiance to the Constitution of India as by law established and that I will faithfully 
discharge the duty upon which I am about to enter.".

**70.  Discharge  of  President's  functions  in  other  contingencies.**—
Parliament  may  make  such  provision  as  it  thinks  fit  for  the  discharge  of  the 
functions of the President in any contingency not provided for in this Chapter. 

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

(2) If the election of a person as President or Vice-President is declared 
void by the Supreme Court, acts done by him in the exercise and 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) to the matters with respect to which Parliament has power to make 
laws; and 

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

Provided that the executive power referred to  in sub-clause (a) shall not, 
save as expressly provided in this Constitution or in any law made by Parliament, 
extend in any State 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  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 

**74. 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 who  shall,  in the exercise of his  functions, act in accordance  with 
such advice:

Provided  that  the  President  may  require  the  Council  of  Ministers  to 
reconsider such advice, either generally or otherwise, and the President shall act 
in accordance with the advice tendered after such reconsideration.

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

**75.  Other  provisions  as  to Ministers.**—(1)  The Prime  Minister shall be 
appointed  by  the  President  and  the  other  Ministers  shall  be  appointed  by  the 
President on the advice of the Prime Minister. 

(1A) The total number of Ministers, including the Prime Minister, in the 
Council  of  Ministers  shall  not  exceed  fifteen  per  cent.    of  the  total  number  of 
members of the House of the People.   

(1B)  A  member of  either  House  of  Parliament belonging to any political 
party who is disqualified for being a member of that House under paragraph 2 of 
the Tenth Schedule shall also be disqualified to be appointed as a Minister under 
clause  (1)  for  duration  of  the  period  commencing  from  the  date  of  his 
disqualification  till  the  date  on  which  the  term  of  his  office  as  such  member 
would  expire  or  where  he  contests  any  election  to  either  House  of  Parliament 
before  the  expiry  of  such  period,  till  the  date  on  which  he  is  declared  elected, 
whichever is earlier.

(2) The Ministers shall hold office during the pleasure of the President. 
(3) The Council of Ministers shall be collectively responsible to the House 
of the People. 

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

(5)  A  Minister  who  for  any  period  of  six  consecutive  months  is  not  a 
member of either House of Parliament shall at the expiration of that period cease 
to be a Minister. 

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

###The Attorney-General for India 

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

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

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

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

###Conduct of Government Business 

**77.  Conduct  of  business  of  the  Government  of  India.**—(1)  All 
executive action of the Government of India shall be expressed to be taken in 
the name of the President.

(2) Orders and other instruments made and executed in the name of the 
President shall be authenticated in such manner as may be specified in rules1 to 
be made by the President, and the validity of an order or instrument which is so 
authenticated shall not be called in question on the ground that it is not an order 
or instrument made or executed by the President. 

(3) The President shall make rules for the more convenient transaction of 
the  business  of  the  Government  of  India,  and  for  the  allocation  among 
Ministers of the said business.

**78. Duties of Prime Minister as respects the furnishing of information 
to the President, etc.**—It shall be the duty of the Prime Minister— 

(a)  to  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

**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.

(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 the People to the States as 
readjusted on the basis of the 1971 census; and  

(ii) the division of each State into territorial constituencies as may be 
readjusted on the basis of the 2001 census, 
under this article.

**83.  Duration  of  Houses  of  Parliament.**—(1)  The  Council  of  States 
shall  not  be  subject  to  dissolution,  but  as  nearly  as  possible  one-third  of  the 
members  thereof  shall  retire  as  soon  as  may  be  on  the  expiration  of  every 
second  year  in  accordance  with  the  provisions  made  in  that  behalf  by 
Parliament by law. 

(2) The House of the People, unless sooner dissolved, shall continue for 
five years from the date appointed for its first meeting and no longer and the 
expiration of  the said period of five years shall operate as  a dissolution  of 
the House:

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

**84. Qualification for membership of Parliament.**—A person shall not 
be qualified to be chosen to fill a seat in Parliament unless he— 

(a)  is  a  citizen  of  India,  and  makes  and  subscribes  before  some 
person authorised in that behalf by the Election Commission an oath or 
affirmation  according  to  the  form  set  out  for  the  purpose  in  the  Third 
Schedule;

(b) is, in the case of a seat in the Council of States, not less than thirty 
years of age and, in the case of a seat in the House of the People, not less 
than twenty-five years of age; and 

(c)  possesses  such  other  qualifications  as  may  be  prescribed  in  that 

behalf by or under any law made by Parliament.

**85.  Sessions  of  Parliament,  prorogation  and  dissolution.**—(1) The 
President shall from time to time summon each House of Parliament to meet at 
such time and place as he thinks fit, but six months shall not intervene between 
its  last  sitting  in  one  session  and  the  date  appointed  for  its  first  sitting  in  the 
next session. 

(2) The President may from time to time— 

(a) prorogue the Houses or either House; 
(b) dissolve the House of the People.

**86. Right of President to address and send messages to Houses.**—(1) 
The  President  may  address  either  House  of  Parliament  or  both  Houses 
assembled together, and for that purpose require the attendance of members. 

(2)  The  President  may  send  messages  to  either  House  of  Parliament, 
whether  with respect to a Bill  then pending in Parliament or otherwise,  and a 
House  to  which  any  message  is  so  sent  shall  with  all  convenient  despatch 
consider any matter required by the message to be taken into consideration. 

**87.  Special  address  by  the  President.**—(1)  At  the  commencement  of 
the first session after each general election to the House of the People and at 
the commencement of the first session of each year the President shall address 
both  Houses  of  Parliament  assembled  together  and  inform  Parliament  of  the 
causes of its summons. 

(2)  Provision  shall  be  made  by  the  rules  regulating  the  procedure  of 
either House for the allotment of time for discussion of the matters referred to 
in such address.

**88. Rights of Ministers and Attorney-General as respects Houses.**—
Every Minister and the Attorney-General of India shall have the right to speak 
in,  and  otherwise  to  take  part  in  the  proceedings  of,  either  House,  any  joint 
sitting  of  the  Houses,  and  any  committee  of  Parliament  of  which  he  may  be 
named a member, but shall not by virtue of this article be entitled to vote. 

###Officers of Parliament 

**89. The Chairman and Deputy Chairman of the Council of States.**—(1) 
The Vice- President of India shall be ex officio Chairman of the Council of States. 

(2) The Council of States shall, as soon as may be, choose a member of 
the  Council  to  be  Deputy  Chairman  thereof  and,  so  often  as  the  office  of 
Deputy Chairman becomes vacant, the Council shall choose another member to 
be Deputy Chairman thereof. 

**90.  Vacation  and  resignation  of,  and  removal  from,  the  office  of 
Deputy  Chairman.**—A  member  holding  office  as  Deputy  Chairman  of  the 
Council of States— 

(a)  shall vacate his office if he ceases to be a member of the Council; 
(b)  may  at  any  time,  by  writing  under  his  hand  addressed  to  the 
Chairman, resign his office; and 

(c)  may  be  removed  from  his  office  by  a  resolution  of  the  Council 
passed by a majority of all the then members of the Council: 

Provided that no resolution for the purpose of clause (c) shall be moved 
unless at least fourteen days’ notice has been given of the intention to move the 
resolution. 

**91. Power of the  Deputy Chairman  or  other person to  perform  the 
duties  of  the  office  of,  or  to  act  as,  Chairman.**—(1)  While  the  office  of 
Chairman is vacant, or during any period when the Vice-President is acting as, 
or  discharging  the  functions  of,  President,  the  duties  of  the  office  shall  be 
performed  by  the  Deputy  Chairman,  or,  if  the  office  of  Deputy  Chairman  is 
also  vacant,  by  such  member  of  the  Council  of  States  as  the  President  may 
appoint for the purpose. 

(2) During the absence of the Chairman from any  sitting of the Council of 
States  the  Deputy  Chairman,  or,  if  he  is  also  absent,  such  person  as  may  be 
determined by the rules of procedure of the Council, or, if no such person is present, 
such other person as may be determined by the Council, shall act as Chairman. 

**92.  The Chairman  or  the  Deputy  Chairman  not  to  preside while  a 
resolution for  his removal  from  office is under consideration.**—(1) At  any 
sitting  of  the  Council  of  States,  while  any  resolution  for  the  removal  of  the 
Vice-President  from  his  office  is  under  consideration,  the  Chairman,  or  while 
any resolution for the removal of the Deputy Chairman from his office is under 
consideration,  the  Deputy  Chairman,  shall  not,  though  he  is  present,  preside, 
and  the  provisions  of  clause  (2)  of  article  91  shall  apply  in  relation  to  every 
such sitting as they apply in relation to a sitting from which the Chairman, or, 
as the case may be, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take 
part  in  the  proceedings  of,  the  Council  of  States  while  any  resolution  for  the 
removal  of  the  Vice-President  from  his  office  is  under  consideration  in  the 
Council,  but,  notwithstanding  anything  in  article  100,  shall  not  be  entitled  to 
vote at all on such resolution or on any other matter during such proceedings. 

**93. The Speaker and Deputy Speaker  of the House of the People.**—
The House of the People shall, as soon as may be, choose two members of the 
House to be respectively Speaker and Deputy Speaker thereof and, so often as 
the  office  of  Speaker  or  Deputy  Speaker  becomes  vacant,  the  House  shall 
choose another member to be Speaker or Deputy Speaker, as the case may be.

**94. Vacation  and  resignation  of,  and  removal  from,  the  offices  of 
Speaker  and  Deputy  Speaker.**— A  member  holding  office  as  Speaker  or 
Deputy Speaker of the House of the People— 

(a) shall vacate his office if he ceases to be a member of the House of 
the People; 

(b) may  at  any  time,  by  writing  under  his  hand  addressed,  if  such 
member  is  the  Speaker,  to  the  Deputy  Speaker,  and  if  such  member  is 
the Deputy Speaker, to the Speaker, resign his office; and 

(c) may  be  removed  from  his office by  a resolution of the House of 
the People passed by a majority of all the then members of the House: 

Provided that no resolution for the purpose of clause (c) shall be moved 
unless at least fourteen days’ notice has been given of the intention to move the 
resolution: 

Provided further that, whenever the House of the People is dissolved, the 
Speaker shall not vacate his office until immediately before the first meeting of 
the House of the People after the dissolution. 

**95. Power  of  the  Deputy  Speaker  or  other  person  to  perform  the 
duties of the office of, or to act as, Speaker.**—(1) While the office of Speaker 
is vacant, the duties of the office shall be performed by the Deputy Speaker or, 
if the office of Deputy Speaker is also vacant, by such member of the House of 
the People as the President may appoint for the purpose. 

 (2) During  the  absence  of  the  Speaker  from  any  sitting  of  the  House  of  the 
People the Deputy Speaker or, if he is also absent, such person as may be determined 
by the rules of procedure of  the  House, or,  if no  such person is present, such other 
person as may be determined by the House, shall act as Speaker.

**96. The  Speaker  or  the  Deputy  Speaker  not  to  preside  while  a 
resolution  for  his  removal  from  office is under consideration.**—(1) At  any 
sitting of the House of the People, while any resolution for the removal of the 
Speaker  from  his  office  is  under  consideration,  the  Speaker,  or  while  any 
resolution  for  the  removal  of  the  Deputy  Speaker  from  his  office  is  under 
consideration, the Deputy Speaker, shall not, though he is present, preside, and 
the  provisions of  clause  (2)  of  article  95  shall  apply  in  relation  to  every  such 
sitting as they apply in relation to a sitting from which the Speaker, or, as the 
case may be, the Deputy Speaker, is absent.

(2) The  Speaker  shall  have  the  right  to  speak  in,  and  otherwise  to  take 
part in the proceedings of, the House of the People while any resolution for his 
removal  from  office  is  under  consideration  in  the  House  and  shall, 
notwithstanding  anything  in  article  100,  be  entitled  to  vote  only  in  the  first 
instance on such resolution or on any other matter during such proceedings but 
not in the case of an equality of votes.

**97. Salaries  and  allowances  of  the  Chairman  and  Deputy  Chairman 
and  the  Speaker  and  Deputy  Speaker.**—There  shall  be  paid  to  the  Chairman 
and  the  Deputy  Chairman  of  the  Council  of  States,  and  to  the  Speaker  and  the 
Deputy Speaker of the House of the People, such salaries and allowances as may 
be respectively fixed by Parliament by law and, until provision in that behalf is so 
made, such salaries and allowances as are specified in the Second Schedule. 

**98. Secretariat  of  Parliament.**—(1) Each  House  of  Parliament  shall 
have a separate secretarial staff: 

Provided that nothing in this clause shall be construed as preventing the 
creation of posts common to both Houses of Parliament. 

(2) Parliament  may  by  law  regulate  the  recruitment,  and  the  conditions 
of  service  of  persons  appointed,  to  the  secretarial  staff  of  either  House  of 
Parliament. 

(3) Until provision is made by Parliament under clause (2), the President 
may,  after  consultation  with  the  Speaker  of  the  House  of  the  People  or  the 
Chairman of the Council of States,  as the case  may be,  make rules regulating 
the  recruitment,  and  the  conditions  of  service  of  persons  appointed,  to  the 
secretarial  staff  of  the  House  of  the  People  or  the  Council  of  States,  and  any 
rules so made shall have effect subject to the provisions of any law made under 
the said clause. 

###Conduct of Business 

**99. Oath or affirmation by members.**—Every member of either House 
of  Parliament  shall,  before  taking  his  seat,  make  and  subscribe  before  the 
President,  or  some  person  appointed  in  that  behalf  by  him,  an  oath  or 
affirmation according to the form set out for the purpose in the Third Schedule.

**100. Voting  in  Houses,  power  of  Houses  to  act  notwithstanding 
vacancies and quorum.**—(1) Save as otherwise provided in this Constitution, 
all questions at any sitting of either House or joint sitting of the Houses shall be 
determined  by  a  majority  of  votes  of  the  members  present  and  voting,  other 
than the Speaker or person acting as Chairman or Speaker. 

The Chairman or Speaker, or person acting as such, shall not vote in the 
first  instance,  but  shall  have  and  exercise  a  casting  vote  in  the  case  of  an 
equality of votes. 

(2) Either  House  of  Parliament  shall  have  power  to  act  notwithstanding 
any vacancy in the membership thereof, and any proceedings in Parliament shall 
be valid notwithstanding that it is discovered subsequently that some person who 
was not entitled so to do sat or voted or otherwise took part in the proceedings. 

(3) Until  Parliament  by  law  otherwise  provides,  the  quorum  to 
constitute  a  meeting  of  either  House  of  Parliament  shall  be  one-tenth  of  the 
total number of members of the House. 

(4) If at any time during a meeting of a House there is no quorum, it shall 
be  the  duty  of  the  Chairman  or  Speaker,  or  person  acting  as  such,  either  to 
adjourn the House or to suspend the meeting until there is a quorum.

###Disqualifications of Members 

**101. Vacation  of  seats.**— (1) No  person  shall  be  a  member  of  both 
Houses of Parliament and provision shall be made by Parliament by law for the 
vacation by a person who is chosen a member of both Houses of his seat in one 
House or the other.

(2) No person shall  be a member  both  of Parliament and of a House of 
the  Legislature  of  a  State, and  if  a  person  is  chosen  a  member  both  of 
Parliament  and  of  a  House  of  the  Legislature  of  a  State,  then,  at  the 
expiration of such period as may be specified in rules[^2] made by the President, 
that person’s seat in Parliament shall become vacant, unless he has previously 
resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament— 

(a) becomes  subject  to  any  of  the  disqualifications  mentioned  in 
clause (1) or clause (2) of article 102, or 

(b) resigns  his  seat  by  writing  under  his  hand  addressed  to  the 
Chairman  or  the  Speaker,  as  the  case  may  be,  and  his  resignation  is 
accepted by the Chairman or the Speaker, as the case may be,

his seat shall thereupon become vacant:

Provided  that  in  the  case  of  any  resignation  referred  to  in  sub-clause 
(b), if from information received or otherwise and after making such inquiry as 
he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that 
such  resignation  is  not  voluntary  or  genuine,  he  shall  not  accept  such 
resignation.

(4) If for a period of sixty days a member of either House of Parliament 
is without permission of the House absent from all meetings thereof, the House 
may declare his seat vacant: 

Provided that in computing the said period of sixty days no account shall 
be taken of any period during which the House is prorogued or is adjourned for 
more than four consecutive days. 

[^2] See  the  Prohibition  of  Simultaneous  Membership  Rules,  1950,  published  with  the 
Ministry of Law, notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of 
India, Extraordinary, P. 678.


**102. Disqualifications for  membership.**—(1) A  person  shall  be 
disqualified  for  being  chosen  as,  and  for  being,  a  member of  either  House  of 
Parliament— 

(a)  if he holds any office of profit under the Government of India 
or  the  Government  of  any  State,  other  than  an  office  declared  by 
Parliament by law not to disqualify its holder;

(b) if  he  is of  unsound  mind  and  stands  so  declared by  a  competent 
court; 

(c) if he is an undischarged insolvent; 

(d) if  he  is  not  a  citizen  of  India,  or  has  voluntarily  acquired  the 
citizenship  of  a  foreign  State,  or  is  under  any  acknowledgment  of 
allegiance or adherence to a foreign State; 

(e) if he is so disqualified by or under any law made by Parliament. 

Explanation.—For  the  purposes  of  this  clause  a  person  shall  not  be 
deemed  to  hold  an  office  of  profit  under  the  Government  of  India  or  the 
Government  of  any  State  by  reason  only  that  he  is  a  Minister  either  for  the 
Union or for such State.

(2) A person shall be disqualified for being a member of either House 
of Parliament if he is so disqualified under the Tenth Schedule.

**103. Decision  on  questions  as  to  disqualifications  of  members.**—
(1) If any question arises as to whether a member of either House of Parliament 
has  become  subject  to  any  of  the disqualifications  mentioned  in  clause  (1)  of 
article 102, the question shall be referred for the decision of the President and 
his decision shall be final.

(2) Before giving any decision on any such question, the President shall 
obtain the opinion of the Election Commission and shall act according to such 
opinion.

**104. Penalty for sitting and voting before making oath or affirmation 
under  article  99  or  when  not  qualified  or  when  disqualified.**—If  a  person 
sits or votes as a member of either House of Parliament before he has complied 
with the requirements of article 99, or when he knows that he is not qualified or 
that he is disqualified for membership thereof, or that he is prohibited from so 
doing  by  the  provisions  of  any  law  made  by  Parliament,  he shall  be  liable  in 
respect  of  each  day  on  which  he  so  sits or  votes to  a  penalty  of  five  hundred 
rupees to be recovered as a debt due to the Union. 

###Powers, Privileges and Immunities of Parliament and its Members 

**105. Powers, privileges, etc., of the Houses of Parliament and of the 
members  and  committees  thereof.**—(1) Subject  to  the  provisions  of  this 
Constitution  and  to  the  rules  and  standing  orders  regulating  the  procedure  of 
Parliament, there shall be freedom of speech in Parliament. 

(2) No member of Parliament shall be liable to any proceedings in any court in 
respect  of  anything  said  or  any  vote  given  by  him  in  Parliament  or  any  committee 
thereof, and no person shall be so liable in respect of the publication by or under the 
authority of either House of Parliament of any report, paper, votes or proceedings. 

(3)  In  other  respects,  the  powers,  privileges  and  immunities  of  each 
House of Parliament, and of  the members and  the committees of  each House, 
shall be such as may from time to time be defined by Parliament by law, and, 
until  so  defined,  shall  be  those  of  that  House  and  of  its  members  and 
committees  immediately  before  the  coming  into  force  of  section  15  of  the 
Constitution (Forty-fourth Amendment) Act, 1978.

(4)  The  provisions  of  clauses  (1),  (2)  and  (3)  shall  apply  in  relation  to 
persons  who  by  virtue  of  this  Constitution  have  the  right  to  speak  in,  and 
otherwise  to  take  part  in  the  proceedings  of,  a  House  of  Parliament  or  any 
committee thereof as they apply in relation to members of Parliament.

**106. Salaries and allowances of members.**—Members of either House 
of Parliament shall be entitled to receive such salaries and allowances as may 
from  time to time be determined by Parliament  by  law and, until provision in 
that respect is  so  made, allowances  at  such rates and upon such conditions as 
were immediately before the commencement of this Constitution applicable in 
the case of members of the Constituent Assembly of the Dominion of India. 

###Legislative Procedure 

**107. Provisions  as  to  introduction  and  passing  of  Bills.**—(1) Subject 
to the provisions of articles 109 and 117 with respect to Money Bills and other 
financial Bills, a Bill may originate in either House of Parliament. 

(2) Subject to the provisions of articles 108 and 109, a Bill shall not be 
deemed  to  have  been  passed  by  the  Houses  of  Parliament  unless  it  has  been 
agreed to by both Houses, either without amendment or with such amendments 
only as are agreed to by both Houses. 

(3)  A  Bill  pending  in  Parliament  shall  not  lapse  by  reason  of  the 
prorogation of the Houses. 

(4) A Bill pending in the Council of States which has not been passed by 
the  House  of  the  People  shall  not  lapse  on  a  dissolution  of  the  House  of  the 
People. 

(5) A Bill which is pending in the House of the People, or which having 
been  passed  by  the  House  of  the  People  is  pending  in  the  Council  of  States, 
shall,  subject  to  the  provisions  of  article  108,  lapse  on  a  dissolution  of  the 
House of the People. 

**108. Joint  sitting  of  both  Houses  in  certain  cases.**—(1) If  after  a Bill 
has been passed by one House and transmitted to the other House— 

(a) the Bill is rejected by the other House; or 
(b) the  Houses  have  finally  disagreed  as  to  the  amendments  to  be 
made in the Bill; or 

(c) more than six months elapse from the date of the reception of the 
Bill by the other House without the Bill being passed by it, 
the President may, unless the Bill has elapsed by reason of a dissolution of the 
House of the People, notify to the Houses by message if they are sitting or by 
public notification if they are not sitting, his intention to summon them to meet 
in a joint sitting for the purpose of deliberating and voting on the Bill: 

Provided that nothing in this clause shall apply to a Money Bill. 

(2) In reckoning any such period of six months as is referred to in clause 
     (1), no account shall be taken of any period during which the House referred to 
in  sub-clause  (c)  of  that  clause  is  prorogued  or  adjourned  for  more  than  four 
consecutive days. 

(3)  Where  the  President  has  under  clause  (1)  notified  his  intention  of 
summoning  the  Houses  to  meet  in  a  joint  sitting,  neither  House  shall  proceed 
further  with  the  Bill,  but  the  President  may  at  any  time  after  the  date  of  his 
notification summon the Houses to meet in a joint sitting for the purpose specified 
in the notification and, if he does so, the Houses shall meet accordingly. 

(4) If at the joint sitting of the two Houses the Bill, with such amendments, 
if any, as are agreed to in joint sitting, is passed by a majority of the total number 
of  members  of  both  Houses  present  and  voting,  it  shall  be  deemed  for  the 
purposes of this Constitution to have been passed by both Houses: 

Provided that at a joint sitting— 

(a) if the Bill, having been passed by one House, has not been passed 
by the other House with amendments and returned to the House in which 
it originated, no amendment shall be proposed to the Bill other than such 
amendments (if any) as are made necessary by the delay in the passage 
of the Bill; 

(b) if the Bill has been so passed and returned, only such amendments as 
aforesaid  shall  be  proposed  to  the  Bill  and  such  other  amendments  as  are 
relevant to the matters with respect to which the Houses  have not agreed; 

and the decision of the person presiding as to the amendments which are admissible 
under this clause shall be final. 

(5)  A  joint  sitting  may  be  held  under  this  article  and  a  Bill  passed 
thereat,  notwithstanding  that  a  dissolution  of  the  House  of  the  People  has 
intervened since the President notified his intention to summon the Houses to 
meet therein. 

**109. Special procedure in respect of Money Bills.**—(1) A Money Bill 
shall not be introduced in the Council of States.

(2)  After  a  Money  Bill  has  been  passed  by  the  House  of  the  People  it 
shall  be  transmitted  to  the  Council  of  States  for  its  recommendations  and  the 
Council  of  States  shall  within  a  period  of  fourteen  days  from  the  date  of  its 
receipt  of  the  Bill  return  the  Bill  to  the  House  of  the  People  with  its 
recommendations and the House of the People may thereupon either accept or 
reject all or any of the recommendations of the Council of States. 

(3) If the House of the People accepts any of the recommendations of the 
Council of States, the Money Bill shall be deemed to have been passed by both 
Houses  with  the  amendments  recommended  by  the  Council  of  States  and 
accepted by the House of the People. 

(4)  If the  House  of the  People  does  not  accept  any  of the 
recommendations of the Council of States, the Money Bill shall be deemed to 
have  been  passed  by  both  Houses  in  the  form  in  which  it  was  passed  by  the 
House  of  the  People  without  any  of  the  amendments  recommended  by  the 
Council of States. 

(5) If a Money Bill passed by the House of the People and transmitted to 
the Council of States  for its recommendations is  not returned to the House of 
the People within the said period of fourteen days, it shall be deemed to have 
been passed by both Houses at the expiration of the said period in the form in 
which it was passed by the House of the People. 

**110. Definition  of  “Money  Bills”.**—(1)  For  the  purposes  of  this 
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions 
dealing with all or any of the following matters, namely:— 

(a) the imposition, abolition, remission, alteration or regulation of any 
tax; 

(b)  the  regulation  of  the  borrowing  of  money  or  the  giving  of  any 
guarantee by the Government of India, or the amendment of the law with 
respect  to  any  financial  obligations  undertaken  or  to  be  undertaken  by 
the Government of India; 

(c) the custody of the Consolidated Fund or the Contingency Fund of 
India, the payment of moneys into or the withdrawal of moneys from any 
such Fund; 

(d) the appropriation of moneys out of the Consolidated Fund of India; 
(e) the declaring of any expenditure to be expenditure charged on the 
Consolidated Fund of India or the increasing of the amount of any such 
expenditure;

(f) the receipt of money on account of the Consolidated Fund of India 
or the public account of India or the custody or issue of such money or 
the audit of the accounts of the Union or of a State; or 

(g)  any  matter  incidental  to  any  of  the  matters  specified  in  sub-
clauses (a) to (f). 

(2) A Bill shall not be deemed to be a Money Bill by reason only that it 
provides  for  the  imposition  of  fines  or  other  pecuniary  penalties,  or  for  the 
demand  or  payment  of  fees  for  licences  or  fees  for  services  rendered,  or  by 
reason  that  it  provides  for  the  imposition,  abolition,  remission,  alteration  or 
regulation of any tax by any local authority or body for local purposes. 

(3)  If  any  question  arises  whether  a  Bill  is  a  Money  Bill  or  not,  the 
decision of the Speaker of the House of the People thereon shall be final. 

(4) There shall be endorsed on every Money Bill when it is transmitted 
to  the  Council  of  States  under  article  109,  and  when  it  is  presented  to  the 
President  for  assent  under  article  111,  the  certificate  of  the  Speaker  of  the 
House of the People signed by him that it is a Money Bill. 

**111. Assent  to  Bills.**—When  a  Bill  has  been  passed  by  the  Houses  of 
Parliament, it shall be presented to the President, and the President shall declare 
either that he assents to the Bill, or that he withholds assent therefrom: 

Provided  that  the  President  may,  as  soon  as  possible  after  the 
presentation to him of a Bill for assent, return the Bill if it is not a Money Bill 
to  the  Houses  with  a  message  requesting  that  they  will  reconsider  the  Bill  or 
any specified provisions thereof and, in particular, will consider the desirability 
of  introducing  any  such  amendments  as  he  may  recommend  in  his  message, 
and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, 
and if the Bill is passed again by  the Houses with  or without amendment and 
presented  to  the  President  for  assent,  the  President  shall  not  withhold  assent 
therefrom.

###Procedure in Financial Matters 

**112. Annual financial statement.**—(1) The President shall in respect of 
every  financial  year  cause  to  be  laid  before  both  the  Houses  of  Parliament  a 
statement of the estimated receipts and expenditure of the Government of India 
for that year, in this Part referred to as the "annual financial statement''. 

(2)  The  estimates  of  expenditure  embodied  in  the  annual  financial 
statement shall show separately— 

(a)  the  sums  required  to  meet  expenditure  described  by  this 
Constitution  as  expenditure  charged  upon  the  Consolidated  Fund  of 
India; and 

(b)  the  sums  required  to  meet  other  expenditure  proposed  to  be 
made from the Consolidated Fund of India, 

and shall distinguish expenditure on revenue account from other expenditure. 

(3)  The  following  expenditure  shall  be  expenditure  charged  on  the 
Consolidated Fund of  India— 

(a)  the  emoluments  and  allowances  of  the  President  and  other 
expenditure relating to his office; 

(b)  the  salaries  and  allowances  of  the  Chairman  and  the  Deputy 
Chairman  of  the  Council  of  States  and  the  Speaker  and  the  Deputy 
Speaker of the House of the People; 

(c)  debt  charges  for  which  the  Government  of  India  is  liable 
including  interest,  sinking  fund  charges  and  redemption  charges,  and 
other  expenditure  relating  to  the  raising  of  loans  and  the  service  and 
redemption of debt; 

(d)  (i)  the  salaries,  allowances  and  pensions  payable  to  or  in 
respect of Judges of the Supreme Court; 

(ii)  the  pensions  payable  to  or  in  respect  of  Judges  of  the  Federal 
Court; 

(iii)  the pensions  payable  to  or  in  respect  of  Judges  of  any  High 
Court which exercises jurisdiction in relation to any area included in the 
territory of India or which at any time before the commencement of this 
Constitution  exercised  jurisdiction  in  relation  to  any  area  included  in    
a Governor's Province of the Dominion of India;

(e) the salary, allowances and pension payable to or in respect of 
the Comptroller and Auditor-General of India; 

(f) any sums required to satisfy any judgment, decree or award of 
any court or arbitral tribunal; 

(g)  any  other  expenditure  declared  by  this  Constitution  or  by 
Parliament by law to be so charged. 

**113. Procedure  in  Parliament  with  respect  to  estimates.**—(1)  So 
much of the estimates as relates to expenditure charged upon the Consolidated 
Fund of India shall not be submitted to the vote of Parliament, but nothing in 
this  clause  shall  be  construed  as  preventing  the discussion  in  either  House  of 
Parliament of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be 
submitted in the form of demands for grants to the House of the People, and the 
House of  the People  shall have  power to assent, or to refuse to assent, to any 
demand,  or  to  assent  to  any  demand  subject  to  a  reduction  of  the  amount 
specified therein.

(3) No demand for a grant shall be made except on the recommendation 
of the President. 

**114. Appropriation Bills.**—(1) As soon as may be after the grants under 
article  113  have  been  made  by  the  House  of  the  People,  there  shall  be 
introduced a Bill to provide for the appropriation out of the Consolidated Fund 
of India of all moneys required to meet— 

(a) the grants so made by the House of the People; and 

(b) the  expenditure  charged  on  the  Consolidated  Fund  of  India  but 
not exceeding in any case the amount shown in the statement previously 
laid before Parliament. 

(2) No amendment shall be proposed to any such Bill in either House of 
Parliament  which  will  have  the  effect  of  varying  the  amount  or  altering  the 
destination of any grant so made or of varying the amount of any expenditure 
charged  on  the  Consolidated  Fund  of  India,  and  the  decision  of  the  person 
presiding as to whether an amendment is inadmissible under this clause shall be 
final. 

(3) Subject to the provisions of 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  respect  of  the  estimated 
expenditure  for  a  part  of  any  financial  year  pending  the  completion  of 
the procedure prescribed in article 113 for the voting of such grant and 
the passing of the law in accordance with the provisions of article 114 in 
relation to that expenditure; 

(b)  to  make  a  grant  for  meeting  an  unexpected  demand  upon  the 
resources  of  India  when  on  account  of  the  magnitude  or  the  indefinite 
character  of  the  service  the  demand  cannot  be  stated  with  the  details 
ordinarily given in an annual financial statement; 

(c)  to make an exceptional  grant  which forms no part of the current 
service of any financial year, 

and Parliament shall have power to authorise by law the withdrawal of moneys from 
the Consolidated Fund of India for the purposes for which the said grants are made. 

(2) The provisions of articles 113 and 114 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 India to meet such expenditure. 

**117. Special provisions as to financial Bills.**—(1) A Bill or amendment 
making  provision  for  any  of  the  matters  specified  in  sub-clauses  (a)  to  (f)  of 
clause  (1)  of  article  110  shall  not  be  introduced  or  moved  except  on  the 
recommendation of the President and a Bill making such provision shall not be 
introduced in the Council of States:

Provided that no recommendation shall be required under this clause for 
the moving of an amendment making provision for the reduction or abolition of 
any tax.

(2) A Bill or amendment shall not be deemed to make provision for any 
of  the  matters  aforesaid  by  reason  only  that  it  provides  for  the  imposition  of 
fines  or  other  pecuniary  penalties,  or  for  the  demand  or  payment  of  fees  for 
licences  or  fees  for  services  rendered,  or  by  reason  that  it  provides  for  the 
imposition, abolition, remission, alteration or regulation of any tax by any local 
authority or body for local purposes. 

(3)  A  Bill  which,  if  enacted  and  brought  into  operation,  would  involve 
expenditure from the Consolidated Fund of India shall not be passed by either 
House of Parliament unless the President has recommended to that House the 
consideration of the Bill. 

###Procedure Generally 

**118. Rules  of  procedure.**—(1)  Each  House  of  Parliament  may  make 
rules for regulating, subject to the provisions of this Constitution, its procedure 
and the conduct of its business. 

(2)  Until  rules  are  made  under  clause  (1),  the  rules  of  procedure  and 
standing  orders  in  force  immediately  before  the  commencement  of  this 
Constitution with respect to the Legislature of the Dominion of India shall have 
effect in relation to Parliament subject to such modifications and adaptations as 
may be made therein by the Chairman of the Council of States or the Speaker 
of the House of the People, as the case may be. 

(3) The President, after consultation with the Chairman of the Council of 
States  and  the  Speaker of  the  House  of  the  People,  may  make  rules  as  to  the 
procedure  with  respect  to  joint  sittings  of,  and  communications  between,  the 
two Houses. 

(4) At a joint sitting of the two Houses the Speaker of the House of the 
People,  or  in  his  absence  such  person  as  may  be  determined  by  rules  of 
procedure made under clause (3), shall preside. 

**119. Regulation  by  law  of  procedure  in  Parliament  in  relation  to 
financial business.**— Parliament may, for the purpose of the timely completion 
of  financial  business,  regulate  by  law  the  procedure  of,  and  the  conduct  of 
business in, each House of Parliament in relation to any financial matter or to 
any Bill for the appropriation of moneys out of the Consolidated Fund of India, 
and, if and so far as any provision of any law so made is inconsistent with any 
rule made by a House of Parliament under clause (1) of article 118 or with any 
rule or standing order having effect in relation to Parliament under clause (2) of 
that article, such provision shall prevail.

**120. Language  to  be  used  in  Parliament.**—(1)  Notwithstanding 
anything in  Part XVII, but subject to the provisions of article 348, business in 
Parliament shall be transacted in Hindi or in English: 

Provided  that  the  Chairman  of  the  Council  of  States  or  Speaker  of  the 
House of the People, or person acting as such, as the case may be, may permit 
any member  who cannot adequately express himself in Hindi or in English to 
address the House in his mother-tongue. 

(2) Unless Parliament by law otherwise provides, this article shall, after 
the  expiration  of  a  period  of  fifteen  years  from  the  commencement  of  this 
Constitution,  have  effect  as  if  the  words  “or  in  English”  were  omitted 
therefrom. 

**121. Restriction  on  discussion  in  Parliament.**—No  discussion  shall 
take  place  in  Parliament  with  respect  to  the  conduct  of  any  Judge  of  the 
Supreme Court or of a High Court in the discharge of his duties except upon a 
motion for presenting an address to the President praying for the removal of the 
Judge as hereinafter provided. 

**122. Courts not to inquire into proceedings of Parliament.**—(1) The 
validity of any proceedings in Parliament shall not be called in question on the 
ground of any alleged irregularity of procedure. 

(2) No officer or member of Parliament in whom powers are vested by 
or under this Constitution for regulating procedure or the conduct of business, 
or for maintaining order, in Parliament shall be subject to the jurisdiction of any 
court in respect of the exercise by him of those powers. 

##CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT 

**123. Power of President to  promulgate Ordinances during recess of 
Parliament.**—(1) If at any time, except when both Houses of Parliament are in 
session,  the  President  is  satisfied  that  circumstances  exist  which  render  it 
necessary  for  him  to  take  immediate  action,  he  may  promulgate  such 
Ordinances as the circumstances appear to him to require. 

(2)  An  Ordinance  promulgated  under  this  article  shall  have  the  same 
force and effect as an Act of Parliament, but every such Ordinance— 

(a) shall be laid before both Houses of Parliament and shall cease to operate at 
the expiration  of  six  weeks  from  the  reassembly  of  Parliament,  or,  if before  the 
expiration  of  that period  resolutions disapproving it  are  passed by  both  Houses, 
upon the passing of the second of those resolutions; and 
(b) may be withdrawn at any time by the President.

Explanation.—Where the Houses of Parliament 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 
Parliament would not under this Constitution be competent to enact, it shall be void. 

##CHAPTER IV.—THE UNION JUDICIARY

**124. Establishment and constitution of Supreme Court.**—(1) There shall be a 
Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law 
prescribes a larger number, of not more than [^3]seven other Judges.

(2)  Every  Judge  of  the  Supreme  Court  shall  be  appointed  by  the  President  by 
warrant  under  his  hand  and  seal  2[on  the  recommendation  of  the  National  Judicial 
Appointments  Commission  referred  to  in  article  124A]  and  shall  hold  office  until  he 
attains the age of sixty-five years:

Provided that—

(a)  a  Judge  may,  by  writing  under  his  hand  addressed  to  the  President, 
resign his office; 

(b) a Judge may be removed from his office in the manner provided 
in clause (4). 

(2A) The age of a Judge of the Supreme Court shall be determined by 
such authority and in such manner as Parliament may by law provide.

(3)  A  person  shall  not  be  qualified  for  appointment  as  a  Judge  of  the 
Supreme Court unless he is a citizen of India and— 

(a) has been for at least five years a Judge of a High Court or of 
two or more such Courts in succession; or 

(b) has been for at least ten years an advocate of a High Court or 
of two or more such Courts in succession; or 

(c) is, in the opinion of the President, a distinguished jurist. 

Explanation  I.—In  this  clause  "High  Court''  means  a  High  Court  which 
exercises,  or  which  at  any  time  before  the  commencement  of  this  Constitution 
exercised, jurisdiction in any part of the territory of India. 

Explanation  II.—In  computing  for  the  purpose  of  this  clause  the  period 
during which a person has been an advocate, any period during which a person has 
held  judicial  office  not  inferior  to  that  of  a  district  judge  after  he  became  an 
advocate shall be included. 

(4)  A  Judge  of  the  Supreme  Court  shall  not  be  removed  from  his  office 
except  by  an  order  of  the  President  passed  after  an  address  by  each  House  of 
Parliament supported by a majority of the total membership of that House and by a 
majority of not less than two-thirds of the members of that House present and voting 
has  been  presented  to  the  President  in  the  same  session  for  such  removal  on  the 
ground of proved misbehaviour or incapacity. 

(5) Parliament may by law regulate the procedure for the presentation of an 
address  and for the investigation  and proof of the misbehaviour or incapacity of a 
Judge under clause (4). 

(6)  Every  person  appointed  to  be  a  Judge  of  the  Supreme  Court  shall, 
before  he  enters  upon  his  office,  make  and  subscribe  before  the  President,  or 
some person appointed in that behalf by him, an oath or affirmation according 
to the form set out for the purpose in the Third Schedule. 

(7) No person who has held office as a Judge of the Supreme Court shall 
plead or act in any court or before any authority within the territory of India. 

[^3] Now “thirty-three” vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of  2019), 
s. 2  (w.e.f. 9-8-2019).

**124A.  National  Judicial  Appointments  Commission.**—(1)  There 
shall  be  a  Commission  to  be  known  as  the  National  Judicial  Appointments 
Commission consisting of the following, namely:—  

(a) the Chief Justice of India, Chairperson, ex officio; 
(b)  two  other  senior  Judges  of  the  Supreme  Court  next  to  the 
Chief Justice of India––Members, ex officio; 

(c) the Union Minister in charge of Law and Justice––Member, ex 
officio; 

(d) two  eminent  persons  to  be  nominated  by  the  committee 
consisting  of  the  Prime  Minister,  the  Chief  Justice  of  India  and  the 
Leader  of  Opposition  in  the  House  of  the  People  or  where  there  is  no 
such Leader of Opposition, then, the Leader of single largest Opposition 
Party in the House of the People––Members: 

Provided that one of the eminent person shall be nominated from 
amongst  the  persons  belonging  to  the  Scheduled  Castes,  the  Scheduled 
Tribes, Other Backward Classes, Minorities or Women: 

Provided further that an eminent person shall be nominated for a 
period of three years and shall not  be eligible for renomination. 

(2)  No  act  or  proceedings  of  the  National  Judicial  Appointments 
Commission shall be questioned or be invalidated merely on the ground of the 
existence of any vacancy or defect in the constitution of the Commission. 

**124B. Functions of Commission.**––It shall be the duty of the National 
Judicial Appointments Commission to— 

(a) recommend persons for appointment as Chief Justice of India, 
Judges  of  the  Supreme  Court,  Chief  Justices  of  High  Courts  and  other 
Judges of High Courts; 

(b) recommend transfer of Chief Justices and other Judges of High 
Courts from one High Court to any other High Court; and 

(c) ensure that the person recommended is of ability and integrity. 

**124C.  Power  of  Parliament  to  make  law.**––Parliament  may,  by  law, 
regulate the procedure for the appointment of Chief Justice of India and other 
Judges  of  the  Supreme  Court  and  Chief  Justices  and  other  Judges  of  High 
Courts and empower the Commission to lay down by regulations the procedure 
for  the  discharge  of  its  functions,  the  manner  of  selection  of  persons  for 
appointment and such other matters as may be considered necessary by it.] 

**125. Salaries, etc., of Judges.**—  (1) There shall be paid to the Judges 
of the Supreme Court such salaries as may be determined by Parliament by law 
and, until provision in that behalf is so  made, such salaries as are specified in 
the Second Schedule.

(2) Every Judge shall be entitled to such privileges and allowances and to such 
rights  in  respect  of  leave  of  absence  and  pension  as  may  from  time  to  time  be 
determined  by  or  under  law  made  by  Parliament  and,  until  so  determined,  to  such 
privileges, allowances and rights as are specified in the Second Schedule: 

Provided that neither the privileges nor the allowances of a Judge nor his 
rights  in  respect  of  leave  of  absence  or  pension  shall  be  varied  to  his 
disadvantage after his appointment.

**126. Appointment of acting Chief Justice.**—When the office of Chief 
Justice of India is vacant or when the Chief Justice is, by reason of absence or 
otherwise,  unable  to  perform  the  duties  of  his  office,  the  duties  of  the  office 
shall be performed by such one of the other Judges of the Court as the President 
may appoint for the purpose. 

**127.  Appointment  of  ad  hoc Judges.**—(1)  If  at  any  time  there  should 
not  be  a  quorum  of  the  Judges  of  the  Supreme  Court  available  to  hold  or 
continue  any  session  of  the  Court,  [^4][the  National  Judicial  Appointments 
Commission on a reference made to it by the Chief Justice of India, may with 
the  previous  consent  of  the  President] and  after  consultation  with  the  Chief 
Justice  of  the  High  Court  concerned,  request  in  writing  the  attendance  at  the 
sittings of the Court, as an ad hoc Judge, for such period as may be necessary, 
of  a  Judge  of  a  High  Court  duly  qualified  for  appointment  as  a  Judge  of  the 
Supreme Court to be designated by the Chief Justice of India.

(2)  It  shall  be  the  duty  of  the  Judge  who  has  been  so  designated,  in 
priority to other duties of his office, to attend the sittings of the Supreme Court 
at the time and for the period for which his attendance is required, and while so 
attending  he  shall  have  all  the  jurisdiction,  powers  and  privileges,  and  shall 
discharge the duties, of a Judge of the Supreme Court. 

**128.  Attendance  of  retired  Judges  at  sittings  of  the  Supreme  
Court.**—Notwithstanding  anything  in  this  Chapter,  [^5][the  National  Judicial 
Appointments Commission] may at any time, with the previous consent of the 
President,  request  any  person  who  has  held  the  office  of  a  Judge  of  the 
Supreme Court or of the Federal Court or who has held the office of a Judge 
of  a  High  Court  and  is  duly  qualified  for  appointment  as  a  Judge  of  the 
Supreme Court to sit and act as a Judge of the Supreme Court, and every such 
person  so  requested  shall,  while  so  sitting  and  acting,  be  entitled  to  such 
allowances  as  the  President  may  by  order  determine  and  have  all  the 
jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, 
a Judge of that Court:

Provided that nothing in this article shall be deemed to require any such 
person as aforesaid to sit and act as a Judge of that Court unless he consents so 
to do.

[^4]. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4,  for "the Chief 
Justice  of  India  may,  with the previous  consent  of the President"  (w.e.f.  13-4-2015). 
This amendment has been struck down by the Supreme Court in the case of Supreme 
Court  Advocates-on-Record  Association  and  another  vs.  Union  of  India  in  its 
judgment dated 16-10-2015, AIR 2016 SC 117. 

[^5]. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment 
has been struck down by the Supreme Court in the case of Supreme Court Advocates-
on-Record  Association  and  another  Vs.  Union  of  India  in  its  judgment dated  16-10-
2015, AIR 2016 SC 117.

**129.  Supreme  Court  to  be  a  court  of  record.**—The  Supreme  Court 
shall be a court of record and shall have all the powers of such a court including 
the power to punish for contempt of itself.

**130. Seat of Supreme Court.**—The Supreme Court shall sit in Delhi or 
in  such  other  place  or  places,  as  the  Chief  Justice  of  India  may,  with  the 
approval of the President, from time to time, appoint. 

**131. Original  jurisdiction  of  the  Supreme  Court.**—Subject  to  the 
provisions of this Constitution, the Supreme Court shall, to the exclusion of any 
other court, have original jurisdiction in any dispute— 

(a) between the Government of India and one or more States; or 
(b) between the Government of India and any State or States on one 
side and one or more other States on the other; or 

(c) between two or more States, 

if and in so far as the dispute involves any question (whether of law or fact) on which 
the existence or extent of a legal right depends: 

Provided that the said jurisdiction shall not extend to a dispute arising 
out  of  any  treaty,  agreement,  covenant,  engagement,  sanad  or  other  similar 
instrument  which,  having  been  entered into  or  executed  before the 
commencement  of  this  Constitution,  continues  in  operation  after  such 
commencement, or which provides that the said jurisdiction shall not extend to 
such a dispute.

**132. Appellate jurisdiction  of Supreme Court in  appeals from High 
Courts in  certain cases.**—(1) An appeal shall lie to the Supreme  Court from 
any  judgment,  decree  or  final  order  of  a  High  Court  in  the  territory  of  India, 
whether  in  a  civil,  criminal  or  other  proceeding,  if  the  High  Court  certifies 
under article 134A that the case involves a substantial question of law as to the 
interpretation of this Constitution. 
(2)[Repealed].
(3) Where  such  a  certificate  is  given, any  party  in  the  case  may 
appeal to the Supreme Court on the ground that any such question as aforesaid 
has been wrongly decided.

Explanation.—For  the  purposes  of  this  article,  the  expression  “final 
order”  includes  an  order  deciding  an  issue  which,  if  decided  in  favour  of  the 
appellant, would be sufficient for the final disposal of the case.

**133. Appellate jurisdiction  of Supreme Court in  appeals from High 
Courts  in  regard  to civil  matters.**—(1) An  appeal shall  lie to the Supreme 
Court from any judgment, decree or final order in a civil proceeding of a High 
Court  in  the  territory  of  India if  the  High  Court  certifies  under  article   
134A—

(a)  that  the  case  involves  a  substantial  question  of  law  of  general 
importance; and 

(b) that in the opinion of the High Court the said question needs to be 
decided by the Supreme Court.

(2)  Notwithstanding  anything  in  article  132,  any  party  appealing  to  the 
Supreme Court under clause (1) may urge as one of the grounds in such appeal 
that a substantial question of law as to the interpretation of this Constitution has 
been wrongly decided.  

(3) Notwithstanding anything in this article, no appeal shall, unless Parliament 
by law otherwise provides, lie to the Supreme Court from the judgment, decree or final 
order of one Judge of a High Court.

**134.  Appellate jurisdiction  of  Supreme Court in regard to criminal 
matters.**—(1)  An  appeal  shall  lie  to  the  Supreme  Court  from  any  judgment, 
final order or sentence in a criminal proceeding of a High Court in the territory 
of India if the High Court— 

(a) has on appeal reversed an order of acquittal of an accused person 
and sentenced him to death; or  

(b)  has  withdrawn  for  trial  before  itself  any  case  from  any  court 
subordinate  to  its  authority  and  has  in  such  trial  convicted  the  accused 
person and sentenced him to death; or  

(c) certifies under article 134A that the case is a fit one for appeal 
to the Supreme Court:

Provided  that  an  appeal  under  sub-clause  (c)  shall  lie  subject  to  such 
provisions as may be made in that behalf under clause (1) of article 145 and to 
such conditions as the High Court may establish or require.

(2)  Parliament  may  by  law  confer  on  the  Supreme  Court  any  further 
powers to entertain and hear appeals from any judgment, final order or sentence 
in a criminal proceeding of a High Court in the territory of India subject to such 
conditions and limitations as may be specified in such law.

**134A.  Certificate  for  appeal  to  the  Supreme  Court.**—Every  High 
Court, passing or making a judgment, decree, final order, or sentence, referred to 
in  clause  (1)  of  article  132  or  clause  (1)  of  article  133,  or  clause  (1)  of  article 
134,—

(a) may, if it deems fit so to do, on its own motion; and  
(b) shall, if an oral application is made, by or on behalf of the party 
aggrieved,  immediately  after  the  passing  or  making  of  such  judgment, 
decree, final order or sentence, 

determine,  as  soon  as  may  be  after  such  passing  or  making,  the  question 
whether  a  certificate  of  the  nature  referred  to  in  clause  (1)  of  article  132,  or 
clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of 
article 134, may be given in respect of that case.

**135. Jurisdiction  and  powers  of  the  Federal  Court  under  existing 
law  to  be  exercisable  by  the  Supreme  Court.**—Until  Parliament  by  law 
otherwise provides, the Supreme Court shall also have jurisdiction and powers 
with respect to any matter to which the provisions of article 133 or article 134 
do  not  apply  if  jurisdiction  and  powers  in  relation  to  that  matter  were 
exercisable by the Federal Court immediately before the commencement of this 
Constitution under any existing law. 

**136. Special leave to  appeal  by the  Supreme  Court.**—(1) 
Notwithstanding  anything  in  this  Chapter,  the  Supreme  Court  may,  in  its 
discretion,  grant  special leave  to  appeal  from  any  judgment,  decree, 
determination, sentence or order in any cause or matter passed or made by any 
court or tribunal in the territory of India. 

(2)  Nothing  in  clause  (1)  shall  apply  to  any  judgment,  determination, 
sentence  or  order  passed  or  made  by  any  court  or  tribunal  constituted  by  or 
under any law relating to the Armed Forces.

**137. Review of judgments or orders by the Supreme Court.**—Subject 
to  the  provisions  of  any  law  made  by  Parliament  or  any  rules  made  under 
article  145,  the  Supreme  Court  shall  have  power  to  review  any  judgment 
pronounced or order made by it.

**138. Enlargement of the jurisdiction of the Supreme Court.**—(1) The 
Supreme Court shall have such further jurisdiction and powers with respect to 
any of the matters in the Union List as Parliament may by law confer.

(2)  The Supreme  Court  shall have  such  further  jurisdiction  and powers 
with respect to any matter as the Government of India and the Government of 
any  State  may by special agreement  confer,  if Parliament by law  provides for 
the exercise of such jurisdiction and powers by the Supreme Court. 

**139.  Conferment  on  the  Supreme  Court  of  powers  to  issue  certain 
writs.**—Parliament  may  by  law  confer  on  the  Supreme  Court  power  to  issue 
directions,  orders  or  writs,  including  writs  in  the  nature  of  *habeas  corpus*, 
*mandamus*,  prohibition, *quo  warranto*  and  *certiorari*,  or  any  of  them,  for  any 
purposes other than those mentioned in clause (2) of article 32.

**139A.  Transfer  of  certain  cases.**—(1)  Where  cases  involving  the 
same  or  substantially  the  same  questions  of  law  are  pending  before  the 
Supreme  Court  and  one  or  more  High  Courts  or  before  two  or  more  High 
Courts  and  the  Supreme  Court  is  satisfied  on  its  own  motion  or  on  an 
application  made  by  the  Attorney-General  of  India  or  by  a  party  to  any  such 
case  that  such  questions  are  substantial  questions  of  general  importance,  the 
Supreme Court may withdraw the case or cases pending before the High Court 
or the High Courts and dispose of all the cases itself: 

Provided  that  the  Supreme  Court  may  after  determining  the  said 
questions  of  law  return  any  case  so  withdrawn  together  with  a  copy  of  its 
judgment  on  such  questions  to  the  High  Court  from  which  the  case  has  been 
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of 
the case in conformity with such judgment.

(2) The Supreme Court may, if it deems it expedient so to do for the ends 
of  justice,  transfer  any  case,  appeal  or  other  proceedings  pending  before  any 
High Court to any other High Court.

**140.  Ancillary  powers  of  Supreme  Court.**—Parliament  may  by  law 
make  provision  for  conferring  upon  the  Supreme  Court  such  supplemental 
powers not inconsistent with any of the provisions of this Constitution as may 
appear to be necessary or desirable for the purpose of enabling the Court more 
effectively  to  exercise  the  jurisdiction  conferred  upon  it  by  or  under  this 
Constitution.

**141. Law declared by Supreme Court to be binding on all courts.**—
The  law  declared  by  the  Supreme  Court  shall be binding  on  all  courts  within 
the territory of India.

**142.  Enforcement  of  decrees  and  orders  of  Supreme  Court  and 
orders  as  to  discovery,  etc.**—(1)  The  Supreme  Court  in  the  exercise  of  its 
jurisdiction may pass such decree or make such order as is necessary for doing 
complete  justice  in  any  cause  or  matter  pending  before  it,  and  any  decree  so 
passed or order so made shall be enforceable throughout the territory of India in 
such  manner  as  may  be  prescribed  by  or  under  any  law  made  by  Parliament 
and, until provision in that behalf is so made, in such manner as the President 
may by order[^6] prescribe.

(2)  Subject  to  the  provisions  of  any  law  made  in  this  behalf  by 
Parliament,  the  Supreme Court  shall,  as  respects  the  whole  of  the  territory  of 
India, have all and every power to make any order for the purpose of securing 
the attendance of any person, the discovery or production of any documents, or 
the investigation or punishment of any contempt of itself. 

**143.  Power  of  President  to  consult  Supreme  Court.**—(1)  If  at  any 
time it  appears  to  the President  that a question of law or fact has arisen, or is 
likely to arise, which is of such a nature and of such public importance that it is 
expedient to obtain the opinion of the Supreme Court upon it, he may refer the 
question to that Court for consideration and the Court may, after such hearing 
as it thinks fit, report to the President its opinion thereon. 

(2) The President may, notwithstanding anything in the proviso to 
article 131,  refer a dispute of the kind mentioned in the said proviso to the 
Supreme Court for opinion and the Supreme Court shall, after such hearing as it 
thinks fit, report to the President its opinion thereon. 

**144.  Civil  and  judicial  authorities  to  act  in  aid  of  the  Supreme 
Court.**—All authorities, civil and judicial, in the territory of India shall act in 
aid of the Supreme Court.

145.  Rules  of  Court,  etc.—(1)  Subject  to  the  provisions  of  any  law 
made  by  Parliament,  the  Supreme  Court  may  from  time  to  time,  with  the 
approval of the President, make rules for regulating generally the practice and 
procedure of the Court including— 

(a) rules as to the persons practising before the Court; 
(b) rules as to the procedure for hearing appeals and other matters 
pertaining  to  appeals  including  the  time  within  which  appeals  to  the 
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of 
any of the rights conferred by Part III; 

(cc)  rules  as  to  the  proceedings  in  the  Court  under  article 
139A;

(d) rules as to the entertainment of appeals under sub-clause (c) of 
clause (1) of article 134; 

(e)  rules  as  to  the  conditions  subject  to  which  any  judgment 
pronounced  or  order  made  by  the  Court  may  be  reviewed  and  the 
procedure for such review including the time  within which applications 
to the Court for such review are to be entered; 

(f) rules as to the costs of and incidental to any proceedings in the 
Court and as to the fees to be charged in respect of proceedings therein; 

(g) rules as to the granting of bail; 
(h) rules as to stay of proceedings; 
(i)  rules  providing  for  the  summary  determination  of  any  appeal 
which  appears  to  the  Court  to  be  frivolous  or  vexatious  or  brought  for 
the purpose of delay; 

(j) rules as to the procedure for inquiries referred to in clause 

(1) of article 317. 
(2) Subject to the provisions of clause (3), rules made under this 
article may fix the minimum number of Judges who are to sit for any purpose, 
and may provide for the powers of single Judges and Division Courts.

(3) The minimum number of Judges who are to sit for the purpose 
of  deciding  any  case  involving  a  substantial  question  of  law  as  to  the 
interpretation  of  this  Constitution  or  for  the purpose  of  hearing  any  reference 
under article 143 shall be five: 

Provided  that,  where  the  Court  hearing  an  appeal  under  any  of  the 
provisions  of  this  Chapter  other  than  article  132  consists  of  less  than  five 
Judges and in the course of the hearing of the appeal the Court is satisfied that 
the appeal involves a substantial question of law as to the interpretation of this 
Constitution  the  determination  of  which  is  necessary  for  the  disposal  of  the 
appeal, such Court shall refer the question for opinion to a Court constituted as 
required by  this  clause  for  the purpose  of  deciding  any  case  involving  such  a 
question and shall on receipt of the opinion dispose of the appeal in conformity 
with such opinion.

(4)  No  judgment shall  be delivered by the Supreme Court save in open 
Court, and no report shall be made under article 143 save in accordance with an 
opinion also delivered in open Court.

(5) No judgment and no such opinion shall be delivered by the Supreme 
Court  save  with  the  concurrence  of  a  majority  of  the  Judges  present  at  the 
hearing  of  the  case,  but  nothing  in  this  clause  shall  be  deemed  to  prevent  a 
Judge who does not concur from delivering a dissenting judgment or opinion.

**146. Officers and servants and the expenses of the Supreme Court.**—
(1) Appointments of officers and servants of the Supreme Court shall be made 
by the Chief Justice of India or such other Judge or officer of the Court as he 
may direct: 

Provided that the President may by rule require that in such cases as may 
be  specified  in  the  rule,  no  person  not  already  attached  to  the  Court  shall  be 
appointed to any office connected with the Court, save after consultation with 
the Union Public Service Commission. 

(2)  Subject  to  the  provisions  of  any  law  made  by  Parliament,  the 
conditions  of  service  of  officers  and  servants  of  the  Supreme  Court  shall  be 
such as may be prescribed by  rules  made by  the Chief Justice of India or by 
some  other  Judge  or  officer  of  the  Court  authorised  by  the  Chief  Justice  of 
India to make rules for the purpose: 

Provided that the rules made under this clause shall, so far as they relate 
to salaries, allowances, leave or pensions, require the approval of the President. 

(3)  The  administrative  expenses  of  the  Supreme  Court,  including  all 
salaries,  allowances  and  pensions  payable  to  or  in  respect  of  the  officers  and 
servants  of  the  Court,  shall  be  charged  upon  the  Consolidated  Fund  of  India, 
and any fees or other moneys taken by the Court shall form part of that Fund. 

**147.  Interpretation.**—In  this  Chapter  and  in  Chapter  V  of  Part  VI, 
references  to  any  substantial  question  of  law  as  to  the  interpretation  of  this 
Constitution  shall  be  construed  as  including  references  to  any  substantial 
question of law as  to  the interpretation of the  Government of India Act, 1935 
(including  any  enactment  amending  or  supplementing  that  Act),  or  of  any 
Order in Council or order made thereunder, or of the Indian Independence Act, 
1947, or of any order made thereunder.

###CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA

**148. Comptroller and Auditor-General of India.**—(1) There shall be a 
Comptroller  and  Auditor-General  of  India  who  shall  be  appointed  by  the 
President by warrant under his hand and seal and shall only be removed from 
office in like manner and on the like grounds as a Judge of the Supreme Court. 

(2)  Every  person  appointed  to  be the  Comptroller  and  Auditor-General 
of India shall, before he enters upon his office, make and subscribe before the 
President,  or  some  person  appointed  in  that  behalf  by  him,  an  oath  or 
affirmation according to the form set out for the purpose in the Third Schedule. 

(3)  The  salary  and  other  conditions  of  service  of  the  Comptroller  and 
Auditor-General shall be such as may be determined by Parliament by law and, 
until they are so determined, shall be as specified in the Second Schedule:

Provided  that  neither  the  salary  of  a  Comptroller  and  Auditor-General 
nor his rights in respect of leave of absence, pension or age of retirement shall 
be varied to his disadvantage after his appointment. 

(4) The Comptroller and Auditor-General shall not be eligible for further 
office  either  under  the  Government  of  India  or  under  the  Government  of  any 
State after he has ceased to hold his office. 

(5) Subject to the provisions of this Constitution and of any law made by 
Parliament, the conditions of service of persons serving in the Indian Audit and 
Accounts  Department  and  the  administrative  powers  of  the  Comptroller  and 
Auditor-General  shall  be  such  as  may  be  prescribed  by  rules  made  by  the 
President after consultation with the Comptroller and Auditor-General. 

(6)  The  administrative  expenses  of  the  office  of  the  Comptroller  and 
Auditor-General, including all salaries, allowances and pensions payable to or 
in  respect  of  persons  serving  in  that  office,  shall  be  charged  upon  the 
Consolidated Fund of India. 

**149. Duties and powers of the Comptroller and Auditor-General.**—
The  Comptroller  and  Auditor-General  shall  perform  such  duties  and  exercise 
such powers in relation to  the accounts of  the Union and of the States and of 
any other authority or body as may be prescribed by or under any law made by 
Parliament  and,  until  provision  in  that  behalf  is  so  made,  shall  perform  such 
duties and exercise such powers in relation to the accounts of the Union and of 
the States as were conferred on or exercisable by the Auditor-General of India 
immediately  before  the  commencement  of  this  Constitution  in  relation  to  the 
accounts of the Dominion of India and of the Provinces respectively.

**150.  Form  of  accounts  of  the  Union  and  of  the  States.**—The 
accounts  of  the  Union  and  of  the  States  shall  be  kept  in  such  form  as  the 
President  may, on  the  advice  of the  Comptroller  and  Auditor-General  of 
India, prescribe.

**151.  Audit  reports.**—(1)  The  reports  of  the  Comptroller  and  Auditor-
General of India relating to the accounts of the Union shall be submitted to the 
President, who shall cause them to be laid before each House of Parliament. 

(2) The reports of the Comptroller and Auditor-General of India relating 
to the accounts of a State shall be submitted to the Governor of the State, 
who shall cause them to be laid before the Legislature of the State.

##**PART VI**
##THE STATES
##CHAPTER I.—GENERAL

**152. Definition.**—In this Part, unless the context otherwise requires, the 
expression “State” does not include the State of Jammu and Kashmir.

##CHAPTER II.—THE EXECUTIVE 

###The Governor

**153. Governors of States.**—There shall be a Governor for each State: 
Provided  that  nothing  in  this  article  shall  prevent  the  appointment  of 
the same person as Governor for two or more States.

**154. Executive power of State.**—(1) The executive power of the State 
shall be vested in the Governor and shall be exercised by him either directly or 
through officers subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall— 

(a) be deemed to transfer to the Governor any functions conferred by 
any existing law on any other authority; or 

(b) prevent Parliament or the Legislature of the State from conferring 
by law functions on any authority subordinate to the Governor. 

**155.  Appointment  of  Governor.**—The  Governor  of  a  State  shall  be 
appointed by the President by warrant under his hand and seal. 

**156. Term of office of Governor.**—(1) The Governor shall hold office 
during the pleasure of the President. 

(2)  The  Governor  may,  by  writing  under  his  hand  addressed  to  the 
President, resign his office. 

(3)  Subject  to  the foregoing  provisions  of  this  article,  a  Governor  shall 
hold office for a term of five years from the date on which he enters upon his 
office:

Provided  that  a  Governor  shall,  notwithstanding  the  expiration  of  his 
term, continue to hold office until his successor enters upon his office. 

**157.  Qualifications  for  appointment  as  Governor.**—No  person  shall 
be eligible for appointment as Governor unless he is a citizen of India and has 
completed the age of thirty-five years. 

**158. Conditions of Governor's office.**—(1) The Governor shall not be a 
member of either House of Parliament or of a House of the Legislature of any 
State  specified  in  the  First  Schedule,  and  if  a  member  of  either  House  of 
Parliament  or  of  a  House  of  the  Legislature  of  any  such  State  be  appointed 
Governor, he shall be deemed to have vacated his seat in that House on the date 
on which he enters upon his office as Governor. 

(2) The Governor shall not hold any other office of profit. 
(3) The Governor shall be entitled without payment of rent to the use of 
his  official  residences  and  shall  be  also  entitled  to  such  emoluments, 
allowances  and  privileges  as  may  be  determined  by  Parliament  by  law  and, 
until  provision  in  that  behalf  is  so  made,  such  emoluments,  allowances  and 
privileges as are specified in the Second Schedule. 

(3A)  Where  the  same  person  is  appointed  as  Governor  of  two  or  more 
States, the emoluments and allowances payable to the Governor shall be allocated 
among the States in such proportion as the President may by order determine.

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

**159.  Oath  or  affirmation  by  the  Governor.**—Every  Governor  and 
every  person  discharging  the  functions  of  the  Governor  shall,  before entering 
upon his office, make and subscribe in the presence of the Chief Justice of the 
High Court exercising jurisdiction in relation to the State, or, in his absence, the 
senior  most  Judge  of  that  Court  available,  an  oath  or  affirmation  in  the 
following form, that is to say— 

“I,  A. B.,  do  swear in the name  of  God  that  I will  faithfully execute the  
                          solemnly affirm 

office  of  Governor  (or  discharge  the  functions  of  the  Governor)  of 
.........(name of the State) and will to the best of my ability preserve, protect 
and defend the Constitution and the law and that I will devote myself to the 
service and well-being of the people of ..……(name of the State).”.

**160.  Discharge  of  the  functions  of  the  Governor  in  certain 
contingencies.**—The President may make such provision as he thinks fit for the 
discharge  of  the  functions  of  the  Governor  of  a  State  in  any  contingency  not 
provided for in this Chapter. 

**161. Power of Governor to grant pardons, etc., and to suspend, remit 
or commute sentences in certain cases.**—The Governor of a State shall have 
the power to grant pardons, reprieves, respites or remissions of punishment or 
to  suspend,  remit  or  commute  the  sentence  of  any  person  convicted  of  any 
offence against any law relating to a matter to which the executive power of the 
State extends.

**162. Extent of executive power of State.**—Subject to the provisions of 
this Constitution, the executive power of a State shall extend to the matters with 
respect to which the Legislature of the State has power to make laws: 

Provided  that  in  any  matter  with  respect  to  which  the  Legislature  of  a 
State  and  Parliament  have  power  to  make  laws,  the  executive  power  of  the 
State  shall  be  subject  to,  and  limited  by,  the  executive  power  expressly 
conferred  by  this  Constitution  or  by  any  law  made  by  Parliament  upon  the 
Union or authorities thereof. 

###Council of Ministers

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

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

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

**164.  Other  provisions  as  to  Ministers.**—(1)  The  Chief  Minister  shall 
be appointed by the Governor and the other Ministers shall be appointed by the 
Governor  on  the  advice  of  the  Chief  Minister,  and  the  Ministers  shall  hold 
office during the pleasure of the Governor:

Provided  that  in  the  States  of  Chhattisgarh,  Jharkhand,  Madhya 
Pradesh and Odisha there shall be a Minister in charge of tribal welfare who 
may  in  addition  be  in  charge  of  the  welfare  of  the  Scheduled  Castes  and 
backward classes or any other work. 

(1A)  The  total  number  of  Ministers,  including  the  Chief  Minister,  in 
the Council of Ministers in a State shall not exceed fifteen per cent. of the total 
number of members of the Legislative Assembly of that State:   

Provided that the number of Ministers, including the Chief Minister in a 
State shall not be less than twelve:  

Provided further that where the total  number of Ministers including the 
Chief Minister in the Council of Ministers in any State at the commencement of 
the  Constitution  (Ninety-first  Amendment)  Act,  2003  exceeds  the said  fifteen 
per cent.  or the number specified in the first proviso, as the case may be, then 
the total number of Ministers in that State shall be brought in conformity with 
the provisions of this clause within six months from such date as the President 
may by public notification appoint. 

(1B) A member of the Legislative Assembly of a State or either House of 
the Legislature of a State having Legislative Council belonging to any political 
party who is disqualified for being a member of that House under paragraph 2 
of the Tenth Schedule shall  also be disqualified to  be appointed as a Minister 
under  clause  (1)  for  duration  of  the  period  commencing  from  the  date  of  his 
disqualification  till  the  date  on  which  the  term  of  his  office  as  such  member 
would expire or where he contests any election to the Legislative Assembly  of 
a State or either House of the Legislature of a State having Legislative Council, 
as the case may be, before the expiry of such period, till the date on which he is 
declared elected, whichever is earlier.

(2)  The  Council  of  Ministers  shall  be  collectively  responsible  to  the 
Legislative Assembly of the State. 

(3)  Before  a  Minister  enters  upon  his  office,  the  Governor  shall 
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  not  a 
member  of  the  Legislature  of  the  State  shall  at  the  expiration  of  that  period 
cease to be a Minister. 

(5) The salaries and allowances of Ministers shall be such as the Legislature 
of the State may from time to time by law determine and, until the Legislature of the 
State so determines, shall be as specified in the Second Schedule. 

###The Advocate-General for the State 

**165. Advocate-General for the State.**—(1) The Governor of each State 
shall appoint a person who is qualified to be appointed a Judge of a High Court 
to be Advocate-General for the State.

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

(3)  The  Advocate-General  shall  hold  office  during  the  pleasure  of  the 
Governor, and shall receive such remuneration as the Governor may determine. 

###Conduct of Government Business

**166.  Conduct  of  Business  of  the  Government  of  a  State.**—(1)  All 
executive action of the Government of a State shall be expressed to be taken in 
the name of the Governor. 

(2) Orders and other instruments made and executed in the name of the 
Governor shall be authenticated in such manner as may be specified in rules to 
be made by the Governor, and the validity of an order or instrument which is so 
authenticated shall not be called in question on the ground that it is not an order 
or instrument made or executed by the Governor. 

(3) The Governor shall make rules for the more convenient transaction of 
the  business  of  the  Government  of  the  State,  and  for  the  allocation  among 
Ministers of the said business in so far as it is not business with respect to which 
the Governor is by or under this Constitution required to act in his discretion.

**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 Andhra Pradesh, Bihar, Madhya 
Pradesh, Maharashtra, Karnataka, Tamil  Nadu, 
Telangana and Uttar Pradesh, two Houses;

(b) in other States, one House.  

(2)  Where there are two Houses of the Legislature of a State, one shall 
be known as the Legislative Council and the other as the Legislative Assembly, 
and  where  there  is  only  one  House,  it  shall  be  known  as  the  Legislative 
Assembly. 

**169.  Abolition  or  creation  of  Legislative  Councils  in  States.**—(1) 
Notwithstanding anything in article 168, Parliament may by law provide for the 
abolition of the Legislative Council of a State having such a Council or for the 
creation of such a Council in a State having no such Council, if the Legislative 
Assembly  of  the  State  passes  a  resolution  to  that  effect  by  a  majority  of  the 
total membership of the Assembly and by a majority of not less than two-thirds 
of the members of the Assembly present and voting.

(2) Any law referred to in clause (1) shall contain such provisions for the 
amendment  of  this  Constitution  as  may  be  necessary  to  give  effect  to  the 
provisions of the law and  may  also contain such  supplemental, incidental and 
consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this 
Constitution for the purposes of article 368. 

**170. Composition of the Legislative Assemblies.**—(1) Subject to the 
provisions of article 333, the  Legislative  Assembly of each State shall consist 
of  not  more  than  five  hundred,  and  not  less  than  sixty,  members  chosen  by 
direct election from territorial constituencies in the State.

(2)  For  the  purposes  of  clause  (1),  each  State  shall  be  divided  into 
territorial  constituencies  in  such manner  that  the  ratio  between  the population 
of  each  constituency  and  the  number  of  seats  allotted  to  it  shall,  so  far  as 
practicable, be the same throughout the State.

Explanation.—In  this  clause,  the  expression  “population”  means  the 
population  as  ascertained  at  the  last  preceding  census  of  which  the  relevant 
figures have been published:

Provided  that  the  reference  in  this  Explanation  to  the  last  preceding 
census  of  which  the  relevant  figures  have  been  published  shall,  until  the 
relevant  figures  for  the  first  census  taken  after  the  year  2026  have  been 
published, be construed as a reference to the 2001 census.

(3) Upon the completion of each census, the total number of seats in the 
Legislative Assembly of each State and the division of each State into territorial 
constituencies  shall  be  readjusted  by  such  authority  and  in  such  manner  as 
Parliament may by law determine:

Provided  that  such  readjustment  shall  not  affect  representation  in  the 
Legislative Assembly until the dissolution of the then existing Assembly: 

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  Legislative  Assembly  may  be  held  on  the  basis  of  the 
territorial constituencies existing before such readjustment: 

Provided  also  that  until  the  relevant  figures  for  the  first  census  taken 
after  the  year 2026 have  been  published,  it  shall  not  be  necessary  to 
readjust— 

(i) the total number of seats in the Legislative Assembly of each State 
as readjusted on the basis of the 1971 census; and  

(ii) the division of such State into territorial constituencies as may be 
readjusted on the basis of the 2001 census, 

under this clause.

**171.  Composition  of  the  Legislative  Councils.**—(1)  The total  number 
of  members in the Legislative Council of  a State  having such a  Council shall 
not  exceed  one-third  of  the  total  number  of  members  in  the  Legislative 
Assembly of that State:

Provided that the total number of members in the Legislative Council of 
a State shall in no case be less than forty. 

(2)  Until Parliament  by  law  otherwise  provides,  the composition of  the 
Legislative Council of a State shall be as provided in clause (3). 

(3)  Of  the  total  number  of  members  of  the  Legislative  Council  of  a 
State— 

(a)  as  nearly  as  may  be,  one-third  shall  be  elected  by  electorates 
consisting  of  members  of  municipalities,  district boards  and  such  other 
local authorities in the State as Parliament may by law specify; 

(b)  as  nearly  as  may  be,  one-twelfth  shall  be  elected  by  electorates 
consisting  of  persons  residing  in  the  State  who  have  been  for  at  least 
three years  graduates of any  university in the territory of India or have 
been for at least three years in possession of qualifications prescribed by 
or under any law made by Parliament as equivalent to that of a graduate 
of any such university;  

(c)  as  nearly  as  may  be,  one-twelfth  shall  be  elected  by  electorates 
consisting of persons who have been for at least three years engaged in 
teaching  in  such  educational  institutions  within  the  State,  not  lower  in 
standard  than  that  of  a  secondary  school,  as  may  be  prescribed  by  or 
under any law made by Parliament; 

(d) as nearly as may be, one-third shall be elected by the members of 
the Legislative Assembly of the State from amongst persons who are not 
members of the Assembly; 

(e) the remainder shall be nominated by the Governor in accordance 
with the provisions of clause (5).

(4)  The  members  to  be  elected  under  sub-clauses  (a),  (b)  and  (c)  of 
clause (3) shall be chosen in such territorial constituencies as may be prescribed 
by  or  under  any  law  made  by  Parliament,  and  the  elections  under  the  said     
sub-clauses  and  under  sub-clause  (d)  of  the  said  clause  shall  be  held  in 
accordance  with  the  system  of  proportional  representation  by  means  of  the 
single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e) 
of  clause  (3)  shall  consist  of  persons  having  special  knowledge  or  practical 
experience in respect of such matters as the following, namely:—

Literature, science, art, co-operative movement and social service.

**172. Duration of State Legislatures.**—(1) Every Legislative Assembly 
of every State, unless sooner dissolved, shall continue for 1[five years] from the 
date appointed for its first meeting and no longer and the expiration of the said 
period of five years shall operate as a dissolution of the Assembly: 

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

(2) The Legislative Council of a State shall not be subject to dissolution, 
but as nearly as possible one-third of the members thereof shall retire as soon as 
may  be  on  the  expiration  of  every  second  year  in  accordance  with  the 
provisions made in that behalf by Parliament by law.

**173.  Qualification  for  membership  of  the  State  Legislature.**—A 
person shall not  be qualified to be chosen to fill a seat in the Legislature of a 
State unless he—

(a)  is  a  citizen  of  India,  and  makes  and  subscribes  before  some 
person authorised in that behalf by the Election Commission an oath or 
affirmation  according  to  the  form  set  out  for  the  purpose  in  the  Third 
Schedule;

(b) is, in the case of a seat in the Legislative Assembly, not less than 
twenty-five  years  of  age  and,  in  the  case  of  a  seat  in  the  Legislative 
Council, not less than thirty years of age; and 

(c)  possesses  such  other  qualifications  as  may  be  prescribed  in  that 
behalf by or under any law made by Parliament.

**174.  Sessions  of the  State  Legislature,  prorogation  and 
dissolution.**—(1) The Governor shall from time to time summon the House or 
each House of the Legislature of the State to meet at such time and place as he 
thinks  fit,  but  six  months  shall  not  intervene  between  its  last  sitting  in  one 
session and the date appointed for its first sitting in the next session. 

(2) The Governor may from time to time— 
(a) prorogue the House or either House; 
(b) dissolve the Legislative Assembly.

**175.  Right of Governor to  address and send  messages to the  House 
or  Houses.**—(1)  The  Governor  may  address  the  Legislative  Assembly  or,  in 
the case of a State having a Legislative Council, either House of the Legislature 
of  the  State,  or  both  Houses  assembled  together,  and  may  for  that  purpose 
require the attendance of members. 

(2)  The  Governor  may  send  messages  to  the  House  or  Houses  of  the 
Legislature  of  the  State,  whether  with  respect  to  a  Bill  then  pending  in  the 
Legislature  or  otherwise,  and  a  House  to  which  any  message  is  so  sent  shall 
with all convenient despatch consider any matter required by the message to be 
taken into consideration. 

**176. Special address by the Governor.**—(1) At the commencement of 
the first session after each general election to the Legislative Assembly and at 
the  commencement  of  the  first  session  of  each  year,  the  Governor  shall 
address the Legislative Assembly or, in the case of a State having a Legislative 
Council,  both  Houses  assembled  together  and  inform  the  Legislature  of  the 
causes of its summons. 

(2) Provision shall be made by the rules regulating the procedure of the 
House  or  either  House  for  the allotment  of  time  for  discussion of  the  matters 
referred to in such address.

**177.  Rights  of  Ministers  and  Advocate-General  as  respects  the 
Houses.**—Every Minister and the Advocate-General for a State shall have the 
right  to  speak  in,  and  otherwise  to  take  part  in  the  proceedings  of,  the 
Legislative Assembly of the State or, in the case of a State having a Legislative 
Council,  both  Houses,  and  to  speak  in,  and  otherwise  to  take  part  in  the 
proceedings of, any committee of the Legislature of which he may be named a 
member, but shall not, by virtue of this article, be entitled to vote.

###Officers of the State Legislature 

**178. The  Speaker  and  Deputy  Speaker  of the  Legislative 
Assembly.**—Every  Legislative  Assembly  of  a  State  shall,  as  soon  as  may  be, 
choose two  members of the  Assembly  to be respectively Speaker and Deputy 
Speaker  thereof  and,  so  often  as  the  office  of  Speaker  or  Deputy  Speaker 
becomes vacant, the Assembly shall choose another member to be Speaker or 
Deputy Speaker, as the case may be.

**179.  Vacation  and  resignation  of,  and  removal  from,  the  offices  of 
Speaker  and  Deputy  Speaker.**—A  member  holding  office  as  Speaker  or 
Deputy Speaker of an Assembly— 

(a) shall vacate his office if he ceases to be a member of the Assembly; 

(b) may at any time by writing under his hand addressed, if such 
member  is  the  Speaker,  to  the  Deputy  Speaker,  and  if  such  member  is  
the Deputy Speaker, to the Speaker, resign his office; and 

(c)  may  be  removed  from  his  office  by  a  resolution  of  the 
Assembly passed by a majority of all the then members of the Assembly: 
Provided that no resolution for the purpose of clause (c) shall be moved 
unless at least fourteen days' notice has been given of the intention to move the 
resolution: 

Provided further that, whenever the Assembly is dissolved, the Speaker 
shall  not  vacate  his  office  until  immediately  before  the  first  meeting  of  the 
Assembly after the dissolution. 

**180.  Power  of  the  Deputy  Speaker  or  other  person  to  perform  the 
duties of the office of, or to act as, Speaker.**—(1) While the office of Speaker 
is vacant, the duties of the office shall be performed by the Deputy Speaker or, 
if the office of Deputy Speaker is also vacant, by such member of the Assembly 
as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly 
the Deputy Speaker or, if he is also absent, such person as may be determined 
by the rules of procedure of the Assembly, or, if no such person is present, such 
other person as may be determined by the Assembly, shall act as Speaker. 

**181.  The  Speaker  or  the  Deputy  Speaker  not  to  preside  while  a 
resolution for his removal  from  office is under consideration.**—(1)  At any 
sitting of the Legislative Assembly, while any resolution for the removal of the 
Speaker  from  his  office  is  under  consideration,  the  Speaker,  or  while  any 
resolution  for  the  removal  of  the  Deputy  Speaker  from  his  office  is  under 
consideration, the Deputy Speaker, shall not, though he is present, preside, and 
the provisions of clause (2) of article 180 shall apply in relation to every such 
sitting as they apply in relation  to a sitting  from  which the Speaker or, as the 
case may be, the Deputy Speaker, is absent.

(2)  The Speaker  shall  have  the right  to  speak  in,  and  otherwise to  take 
part  in  the  proceedings  of,  the  Legislative  Assembly  while  any  resolution  for 
his  removal  from  office  is  under  consideration  in  the  Assembly  and  shall, 
notwithstanding  anything  in  article  189,  be  entitled  to  vote  only  in  the  first 
instance on such resolution or on any other matter during such proceedings but 
not in the case of an equality of votes. 

**182.  The  Chairman  and  Deputy  Chairman  of  the  Legislative 
Council.**—The Legislative Council of every State having such Council shall, as 
soon  as  may  be,  choose  two  members  of  the  Council  to  be  respectively 
Chairman and Deputy Chairman thereof and, so often as the office of Chairman 
or Deputy Chairman becomes vacant, the Council shall choose another member 
to be Chairman or Deputy Chairman, as the case may be.

**183.  Vacation  and  resignation  of,  and  removal  from,  the  offices  of 
Chairman and Deputy Chairman.**—A member holding office as Chairman or 
Deputy Chairman of a Legislative Council—

(a) shall vacate his office if he ceases to be a member of the Council; 

(b)  may  at  any  time  by  writing  under  his  hand  addressed,  if  such 
member is the Chairman, to the Deputy Chairman, and if such member is 
the Deputy Chairman, to the Chairman, resign his office; and 

(c)  may  be  removed  from  his  office  by  a  resolution  of  the  Council 
passed by a majority of all the then members of the Council: 

Provided that no resolution for the purpose of clause (c) shall be moved unless 
at least fourteen days' notice has been given of the intention to move the resolution. 

**184. Power of the Deputy Chairman or other person to perform the 
duties  of  the  office  of,  or  to  act  as,  Chairman.**—(1)  While  the  office  of 
Chairman is vacant, the duties of the office shall be performed by the Deputy 
Chairman or, if the office of Deputy Chairman is also vacant, by such member 
of the Council as the Governor may appoint for the purpose. 

(2) During the absence of the Chairman from any sitting of the Council 
the Deputy Chairman or, if he is also absent, such person as may be determined 
by the rules of procedure of the Council, or, if no such person is present, such 
other person as may be determined by the Council, shall act as Chairman.

**185. The Chairman or the Deputy Chairman not to preside while a 
resolution  for his  removal  from  office is under consideration.**—(1)  At any 
sitting of the Legislative Council, while any  resolution for the removal of the 
Chairman  from  his  office  is  under  consideration,  the  Chairman,  or  while  any 
resolution  for  the  removal  of  the  Deputy  Chairman  from  his  office  is  under 
consideration,  the  Deputy  Chairman,  shall  not,  though  he  is  present,  preside, 
and the provisions of  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) The Chairman shall have the right to speak in, and otherwise to take 
part in the proceedings of, the Legislative Council while any resolution for his 
removal  from  office  is  under  consideration  in  the  Council  and  shall, 
notwithstanding  anything  in  article  189,  be  entitled  to  vote  only  in  the  first 
instance on such resolution or on any other matter during such proceedings but 
not in the case of an equality of votes. 

**186.  Salaries  and  allowances  of  the  Speaker  and  Deputy  Speaker 
and  the  Chairman  and  Deputy  Chairman.**—There  shall  be  paid  to  the 
Speaker  and  the  Deputy  Speaker  of  the  Legislative  Assembly,  and  to  the 
Chairman  and  the  Deputy  Chairman  of  the  Legislative  Council,  such  salaries 
and allowances as may be respectively fixed by the Legislature of the State by 
law and, until provision in that behalf is so made, such salaries and allowances 
as are specified in the Second Schedule. 

**187.  Secretariat  of  State  Legislature.**—(1)  The  House  or  each  House 
of the Legislature of a State shall have a separate secretarial staff: 

Provided that nothing in this clause shall, in the case of the Legislature 
of a State having a Legislative Council, be construed as preventing the creation 
of posts common to both Houses of such Legislature. 

(2) The Legislature of a State may by law regulate the recruitment, and 
the  conditions  of  service  of  persons  appointed,  to  the  secretarial  staff  of  the 
House or Houses of the Legislature of the State. 

(3) Until provision is made by the Legislature of the State under clause (2), 
the Governor may, after consultation with the Speaker of the Legislative Assembly 
or  the  Chairman  of  the  Legislative  Council,  as  the  case  may  be,  make  rules 
regulating the recruitment, and the conditions of service of persons appointed, to the 
secretarial staff of the Assembly or the Council, and any rules so made shall have 
effect subject to the provisions of any law made under the said clause.

###Conduct of Business 

**188.  Oath  or  affirmation  by  members.**—Every  member  of  the 
Legislative Assembly or the Legislative Council of a State shall, before taking 
his seat, make and subscribe before the Governor, or some person appointed in 
that behalf by him, an oath or affirmation according to the form set out for the 
purpose in the Third Schedule. 

**189.  Voting  in  Houses,  power  of  Houses  to  act  notwithstanding 
vacancies and quorum.**—(1) Save as otherwise provided in this Constitution, 
all  questions  at  any  sitting  of  a  House  of  the  Legislature  of  a  State  shall  be 
determined  by  a  majority  of  votes  of  the  members  present  and  voting,  other 
than the Speaker or Chairman, or person acting as such. 

The Speaker or Chairman, or person acting as such, shall not vote in the 
first  instance,  but  shall  have  and  exercise  a  casting  vote  in  the  case  of  an 
equality of votes. 

(2)  A  House  of  the  Legislature  of  a  State  shall  have  power  to  act 
notwithstanding any vacancy in  the membership thereof, and any proceedings 
in the Legislature of a State shall be valid notwithstanding that it is discovered 
subsequently  that  some  person  who  was  not  entitled  so  to  do  sat  or  voted  or 
otherwise took part in the proceedings. 

(3)  Until  the  Legislature  of  the  State  by  law  otherwise  provides,  the 
quorum to constitute a meeting of a House of the Legislature of a State shall be 
ten  members  or  one-tenth  of  the  total  number  of  members  of  the  House, 
whichever is greater. 

(4)  If  at  any  time  during  a  meeting  of  the  Legislative  Assembly  or  the 
Legislative  Council  of  a  State  there  is  no  quorum,  it  shall  be  the  duty  of  the 
Speaker or Chairman, or person acting as such, either to adjourn the House or 
to suspend the meeting until there is a quorum.

###Disqualifications of Members 

**190.  Vacation  of  seats.**—(1)  No  person  shall  be  a  member  of  both 
Houses  of  the  Legislature  of  a  State  and  provision  shall  be  made  by  the 
Legislature  of  the  State  by  law  for  the  vacation  by  a  person  who  is  chosen  a 
member of both Houses of his seat in one house or the other.

(2)  No  person  shall  be  a  member  of  the  Legislatures  of  two  or  more 
States specified in the First Schedule and if a person is chosen a member of the 
Legislatures of two or more such States, then, at the expiration of such period 
as  may  be  specified  in  rules1  made  by  the  President,  that  person's  seat  in  the 
Legislatures  of  all  such  States  shall  become  vacant,  unless  he  has  previously 
resigned his seat in the Legislatures of all but one of the States.

(3) If a member of a House of the Legislature of a State— 

 (a)  becomes  subject  to  any  of  the  disqualifications  mentioned  in 
clause (1) or clause (2) of article 191; or 

(b)  resigns  his  seat  by  writing  under  his  hand  addressed  to  the 
speaker  or  the  Chairman,  as  the  case  may  be,  and  his  resignation  is 
accepted by the Speaker or the Chairman, as the case may be,

his seat shall thereupon become vacant: 

Provided that in the case of any resignation referred to in sub-clause (b), 
if  from  information  received  or  otherwise  and  after  making  such  inquiry  as  he 
thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such 
resignation is not voluntary or genuine, he shall not accept such resignation.

(4) If for a period of sixty days a member of a House of the Legislature 
of a State is without permission of the House absent from all meetings thereof, 
the House may declare his seat vacant: 

Provided that in computing the said period of sixty days no account shall 
be taken of any period during which the House is prorogued or is adjourned for 
more than four consecutive days. 

**191.  Disqualifications  for  membership.**—(1)  A  person  shall  be 
disqualified  for  being  chosen  as,  and  for  being,  a  member  of  the  Legislative 
Assembly or Legislative Council of a State—

(a) if he holds any office of profit under the Government of India or 
the Government of any State specified in the First Schedule, other than 
an office declared by the Legislature of the State by law not to disqualify 
its holder;

(b)  if he is  of unsound mind and stands so declared by a competent 
court; 

(c) if he is an undischarged insolvent; 

(d)  if  he  is  not  a  citizen  of  India,  or  has  voluntarily  acquired  the 
citizenship  of  a  foreign  State,  or  is  under  any  acknowledgment  of 
allegiance or adherence to a foreign State; 

(e) if he is so disqualified by or under any law made by Parliament. 
Explanation.—For  the  purposes  of  this  clause,  a  person  shall  not  be 
deemed  to  hold  an  office  of  profit  under  the  Government  of  India  or  the 
Government of any State specified in the First Schedule by reason only that he 
is a Minister either for the Union or for such State. 

(2)  A  person  shall  be  disqualified  for  being  a  member  of  the 
Legislative Assembly or Legislative Council of a State if he is so disqualified 
under the Tenth Schedule.

**192. Decision on questions as to disqualifications of members.**—(1) 
If any question arises as to whether a member of a House of the Legislature of a 
State has become subject to any of the disqualifications mentioned in clause (1) 
of  article 191,  the  question  shall  be  referred  for  the decision  of  the  Governor 
and his decision shall be final. 

 (2) Before giving any decision on any such question, the Governor shall 
obtain the opinion of the Election Commission and shall act according to such 
opinion.

**193. Penalty for sitting and voting before making oath or affirmation 
under article 188 or when not qualified or when disqualified.**—If a person 
sits  or  votes  as  a  member  of  the  Legislative  Assembly  or  the  Legislative 
Council of a State before he has complied with the requirements of article 188, 
or  when  he  knows  that  he  is  not  qualified  or  that  he  is  disqualified  for 
membership thereof, or that he is prohibited from so doing by the provisions of 
any law made by Parliament or the Legislature of the State, he shall be liable in 
respect  of  each  day  on  which  he  so  sits or  votes to  a  penalty  of  five  hundred 
rupees to be recovered as a debt due to the State.

###Powers, Privileges and Immunities of State Legislatures and their Members 

**194. Powers, privileges, etc., of the Houses of Legislatures and of the 
members  and  committees  thereof.**—(1)  Subject  to  the  provisions  of  this 
Constitution and to the rules and standing orders regulating the procedure of the 
Legislature, there shall be freedom of speech in the Legislature of every State.

(2)  No  member  of  the  Legislature  of  a  State  shall  be  liable  to  any 
proceedings in any court in respect of anything said or any vote given by him in 
the  Legislature  or  any  committee  thereof,  and  no  person  shall  be  so  liable  in 
respect  of  the  publication  by  or  under  the  authority  of  a  House  of  such  a 
Legislature of any report, paper, votes or proceedings. 

(3) In other respects, the powers, privileges and immunities of a House 
of  the  Legislature  of  a  State,  and  of  the  members  and  the  committees  of  a 
House of such Legislature, shall be such as may from time to time be defined 
by the Legislature by law, and, until so defined,  shall be those of that House 
and of its members and committees immediately before the coming into force 
of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978.

(4)  The  provisions  of  clauses  (1),  (2)  and  (3)  shall  apply  in  relation  to 
persons  who  by  virtue  of  this  Constitution  have  the  right  to  speak  in,  and 
otherwise to take part in the proceedings of, a House of the Legislature of a State 
or any committee thereof as they apply in relation to members of that Legislature. 

**195.  Salaries  and  allowances  of  members.**—Members  of the 
Legislative Assembly and the Legislative Council of a State shall be entitled to 
receive such salaries and allowances as may from time to time be determined, 
by the Legislature of the State by law and,  until provision in that respect is so 
made, salaries and allowances at such rates and upon such conditions as were 
immediately  before  the  commencement  of  this  Constitution  applicable  in  the 
case of members of the Legislative Assembly of the corresponding Province.

###Legislative Procedure 

**196.  Provisions  as  to  introduction and  passing of Bills.**—(1)  Subject 
to the provisions of articles 198 and 207 with respect to Money Bills and other 
financial Bills, a Bill may originate in either House of the Legislature of a State 
which has a Legislative Council.

(2) Subject to the provisions of articles 197 and 198, a Bill shall not be 
deemed to have been passed by the Houses of the Legislature of a State having 
a  Legislative  Council  unless  it  has  been  agreed  to  by  both  Houses,  either 
without  amendment  or  with  such  amendments  only  as  are  agreed  to  by  both 
Houses. 

(3) A Bill pending in the Legislature of a State shall not lapse by reason 
of the prorogation of the House or Houses thereof. 

(4) A Bill pending  in the  Legislative Council of a  State  which has not 
been passed by the Legislative Assembly shall not lapse on a dissolution of the 
Assembly. 

(5) A Bill  which is  pending in  the Legislative  Assembly of a State, or 
which  having  been  passed  by  the  Legislative  Assembly  is  pending  in  the 
Legislative Council, shall lapse on a dissolution of the Assembly. 

**197.  Restriction  on  powers  of  Legislative  Council  as  to  Bills  other 
than  Money  Bills.**—(1)  If  after  a  Bill  has  been  passed  by  the  Legislative 
Assembly  of  a  State  having  a  Legislative  Council  and  transmitted  to  the 
Legislative Council— 

(a) the Bill is rejected by the Council; or 

(b) more than three months 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; 

the Legislative Assembly may, subject to the rules regulating its procedure, pass the 
Bill again in the same or in any subsequent session with or without such amendments, 
if any, as have been made, suggested or agreed to by the Legislative Council and then 
transmit the Bill as so passed to the Legislative Council. 

(2)  If  after  a  Bill  has  been  so  passed  for  the  second  time  by  the 
Legislative Assembly and transmitted to the Legislative Council— 

(a) the Bill is rejected by the Council; or 

(b)  more than  one month elapses  from the date on  which the Bill is 
laid before the Council without the Bill being passed by it; or 

(c)  the Bill is passed  by the Council  with amendments to which the 
Legislative Assembly does not agree; 

the Bill shall be deemed to have been passed by the Houses of the Legislature of the 
State in the form in which it was passed by the Legislative Assembly for the second 
time with such amendments, if any, as have been made or suggested by the Legislative 
Council and agreed to by the Legislative Assembly. 

(3) Nothing in this article shall apply to a Money Bill. 

**198. Special procedure in respect of Money Bills.**—(1) A Money Bill 
shall not be introduced in a Legislative Council. 

(2) After a Money Bill has been passed by the Legislative Assembly of a 
State  having  a  Legislative  Council,  it  shall  be  transmitted  to  the  Legislative 
Council  for  its  recommendations,  and  the  Legislative  Council  shall  within  a 
period of fourteen days from the date of its receipt of the Bill return the Bill to the 
Legislative  Assembly  with  its  recommendations,  and  the  Legislative  Assembly 
may  thereupon  either  accept  or  reject  all  or  any  of  the  recommendations  of  the 
Legislative Council. 

(3) If the Legislative Assembly  accepts  any of the recommendations of 
the Legislative Council, the Money  Bill shall  be deemed to have  been passed 
by both Houses with the amendments recommended by the Legislative Council 
and accepted by the Legislative Assembly. 

(4)  If the  Legislative  Assembly  does  not  accept  any  of the 
recommendations of the Legislative Council, the Money Bill shall be deemed 
to have been passed by both Houses in the form in which it was passed by the 
Legislative  Assembly  without  any  of  the  amendments  recommended  by  the 
Legislative Council. 

(5) If a Money Bill passed by the Legislative Assembly and transmitted 
to  the  Legislative  Council  for  its  recommendations  is  not  returned  to  the 
Legislative  Assembly  within  the  said  period  of  fourteen  days,  it  shall  be 
deemed to have been passed by both Houses at the expiration of the said period 
in the form in which it was passed by the Legislative Assembly. 

**199.  Definition  of  “Money  Bills”.**—(1)  For  the  purposes  of  this 
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions 
dealing with all or any of the following matters, namely:— 

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any 
guarantee by the State, or the amendment of the law with respect to any 
financial obligations undertaken or to be undertaken by the State; 

(c) the custody of the Consolidated Fund or the Contingency Fund 
of  the  State,  the  payment  of  moneys  into  or  the withdrawal  of  moneys 
from any such Fund; 

(d)  the  appropriation  of  moneys  out  of  the  Consolidated  Fund  of 
the State; 

(e) the declaring of any expenditure to be expenditure charged on 
the  Consolidated  Fund  of  the  State,  or  the  increasing  of  the  amount  of 
any such expenditure; 

(f) the receipt of money on account of the Consolidated Fund of the 
State  or the public account  of  the  State  or  the  custody  or  issue of  such 
money; or 

(g)  any  matter  incidental  to  any  of    the  matters  specified  in           
sub-clauses  (a)  to (f). 

(2) A Bill shall not be deemed to be a Money Bill by reason only that it 
provides  for  the  imposition  of  fines  or  other  pecuniary  penalties,  or  for  the 
demand  or  payment  of  fees  for  licences  or  fees  for  services  rendered,  or  by 
reason  that  it  provides  for  the  imposition,  abolition,  remission,  alteration  or 
regulation of any tax by any local authority or body for local purposes. 

(3) If any question arises whether a Bill introduced in the Legislature of 
a State which has a Legislative Council is a Money Bill or not, the decision of 
the Speaker of the Legislative Assembly of such State thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted 
to  the  Legislative  Council  under  article  198,  and  when  it  is  presented  to  the 
Governor  for  assent  under  article  200,  the  certificate  of  the  Speaker  of  the 
Legislative Assembly signed by him that it is a Money Bill.

**200.  Assent  to  Bills.**—When  a Bill  has been passed  by  the  Legislative 
Assembly of a State or, in the case of a State having a Legislative Council, has 
been passed by both Houses of the Legislature of the State, it shall be presented 
to the Governor and the Governor shall declare either that he assents to the Bill 
or  that  he  withholds  assent  therefrom  or  that  he  reserves  the  Bill  for  the 
consideration of the President: 

Provided  that  the  Governor  may,  as  soon  as  possible  after  the 
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, when a Bill is so returned, the House or Houses shall reconsider 
the  Bill  accordingly,  and  if  the  Bill  is  passed  again  by  the  House  or  Houses 
with  or  without  amendment  and  presented  to  the  Governor  for  assent,  the 
Governor shall not withhold assent therefrom: 

Provided further that the  Governor shall not assent to, but shall reserve 
for  the  consideration  of  the  President,  any  Bill  which  in  the  opinion  of  the 
Governor  would,  if  it  became  law,  so  derogate  from  the  powers  of  the  High 
Court  as  to  endanger  the  position  which  that  Court  is  by  this  Constitution 
designed to fill.

**201.  Bills  reserved  for  consideration.**—When  a  Bill  is  reserved  by  a 
Governor  for  the  consideration  of  the  President,  the  President  shall  declare 
either that he assents to the Bill or that he withholds assent therefrom: 

Provided  that,  where  the  Bill  is  not  a  Money  Bill,  the  President  may 
direct the Governor to return the Bill to the House or, as the case may be, the 
Houses  of  the  Legislature  of  the  State  together  with  such  a  message  as  is 
mentioned in the first proviso to article 200 and, when a Bill is so returned, the 
House or Houses shall reconsider it accordingly within a period of six months 
from the date of receipt of such message and, if it is again passed by the House 
or  Houses  with  or  without  amendment,  it  shall  be  presented  again  to  the 
President for his consideration.

###Procedure in Financial Matters

**202. Annual financial statement.**—(1) The Governor shall in respect of 
every  financial  year  cause  to  be  laid  before  the  House  or  Houses  of  the 
Legislature of the State a statement of the estimated receipts and expenditure of 
the  State  for  that  year,  in  this  Part  referred  to  as  the  “annual  financial 
statement”.

(2)  The  estimates  of  expenditure  embodied  in  the  annual  financial 
statement shall show separately— 

(a)  the  sums  required  to  meet  expenditure  described  by  this 
Constitution  as  expenditure charged upon the  Consolidated Fund of the 
State; and 

(b) the sums required to meet other expenditure proposed to be made 
from the Consolidated Fund  of the State; 

and shall distinguish expenditure on revenue account from other expenditure.

(3)  The  following  expenditure  shall  be  expenditure  charged  on  the 
Consolidated Fund of each State— 

(a)  the  emoluments  and  allowances  of  the  Governor  and  other 
expenditure relating to his office; 

(b)  the  salaries  and  allowances  of  the  Speaker  and  the  Deputy 
Speaker of the Legislative Assembly and, in the case of a State having a 
Legislative Council, also of the Chairman and the Deputy Chairman of 
the Legislative Council;

(c)  debt  charges  for  which  the  State  is  liable  including  interest, 
sinking  fund  charges  and  redemption  charges,  and  other  expenditure 
relating to the raising of loans and the service and redemption of debt; 

(d) expenditure in respect of the salaries and allowances of Judges of 
any High Court; 

(e) any sums required to satisfy any judgment, decree or award of any 
court or arbitral tribunal; 

(f)  any  other  expenditure  declared  by  this  Constitution,  or  by  the 
Legislature of the State by law, to be so charged.

**203.  Procedure  in  Legislature  with  respect  to  estimates.**—(1)  So 
much of the estimates as relates to expenditure charged upon the Consolidated 
Fund of a State shall not be submitted to the vote of the Legislative Assembly, 
but nothing in this clause shall be construed as preventing the discussion in the 
Legislature of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be 
submitted in the form of demands for grants to the Legislative Assembly, and 
the Legislative Assembly shall have power to assent, or to refuse to  assent, to 
any  demand,  or to  assent to  any  demand  subject to a reduction of the amount 
specified therein. 

(3) No demand for a grant shall be made except on the recommendation 
of the Governor. 

**204. Appropriation Bills.**—(1) As soon as may be after the grants under 
article 203 have been made by the Assembly, there shall be introduced a Bill to 
provide  for  the  appropriation out  of  the  Consolidated Fund  of  the  State  of  all 
moneys required to meet—

(a) the grants so made by the Assembly; and 

(b) the expenditure charged on the Consolidated Fund of the State but 
not exceeding in any case the amount shown in the statement previously 
laid before the House or Houses. 

(2)  No  amendment  shall  be  proposed  to  any  such  Bill  in  the  House  or 
either  House  of  the  Legislature  of  the  State  which  will  have  the  effect  of 
varying  the  amount  or  altering  the  destination  of  any  grant  so  made  or  of 
varying  the  amount  of  any  expenditure  charged  on  the  Consolidated  Fund  of 
the State, and the decision of the person presiding as to whether an amendment 
is inadmissible under this clause shall be final. 

(3) Subject to the provisions of 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.

**207. Special provisions as to financial Bills.**—(1) A Bill or amendment 
making provision for any of the  matters specified in sub-clauses   (a) to (f) of 
clause  (1)  of  article  199  shall  not  be  introduced  or  moved  except  on  the 
recommendation of the Governor, and a Bill making such provision shall not be 
introduced in a Legislative Council: 

Provided that no recommendation shall be required under this clause for 
the moving of an amendment making provision for the reduction or abolition of 
any tax. 

(2) A Bill or amendment shall not be deemed to make provision for any 
of  the  matters  aforesaid  by  reason  only  that  it  provides  for  the  imposition  of 
fines  or  other  pecuniary  penalties,  or  for  the  demand  or  payment  of  fees  for 
licences  or  fees  for  services  rendered,  or  by  reason  that  it  provides  for  the 
imposition, abolition, remission, alteration or regulation of any tax by any local 
authority or body for local purposes. 

(3)  A  Bill  which,  if  enacted  and  brought  into  operation,  would  involve 
expenditure  from  the  Consolidated  Fund  of  a  State  shall  not  be  passed  by  a 
House of the Legislature of the State unless the Governor has recommended to 
that House the consideration of the Bill. 

###Procedure Generally 

**208.  Rules  of  procedure.**—(1)  A  House  of  the  Legislature  of  a  State 
may make rules for regulating, subject to the provisions of this  Constitution, its 
procedure and the conduct of its business. 

(2)  Until  rules  are  made  under  clause  (1),  the  rules  of  procedure  and 
standing  orders  in  force  immediately  before  the  commencement  of  this 
Constitution with respect to the Legislature for the corresponding Province shall 
have effect in relation to the Legislature of the State subject to such modifications 
and  adaptations  as  may    be  made  therein  by  the  Speaker  of  the  Legislative 
Assembly, or the Chairman of the Legislative Council, as the case may be. 

(3)  In  a  State  having  a  Legislative  Council  the  Governor,  after 
consultation with the Speaker of the Legislative Assembly and the Chairman of 
the  Legislative  Council,  may  make  rules  as  to  the  procedure  with  respect  to 
communications between the two Houses.

**209. Regulation by law of procedure in the Legislature of the State in 
relation to financial business.**—The Legislature of a State may, for the purpose 
of the timely completion of financial business, regulate by law the procedure of, 
and  the  conduct  of  business  in,  the  House  or  Houses  of  the  Legislature  of  the 
State  in  relation  to  any  financial  matter  or  to  any  Bill  for  the  appropriation  of 
moneys  out  of  the  Consolidated  Fund  of  the  State,  and,  if  and  so  far  as  any 
provision of any law so made is inconsistent with any rule made by the House or 
either House of the Legislature of the State under clause (1) of article 208 or with 
any rule or standing order having effect in relation to the Legislature of the State 
under clause (2) of that article, such provision shall prevail. 

**210.  Language  to  be  used  in  the  Legislature.**—(1)  Notwithstanding 
anything in Part XVII, but subject to the provisions of article 348, business in 
the  Legislature  of  a  State  shall  be  transacted  in  the  official  language  or 
languages of the State or in Hindi or in English: 

Provided  that  the  Speaker  of  the  Legislative  Assembly  or  Chairman  of 
the  Legislative  Council,  or  person  acting  as  such,  as  the  case  may  be,  may 
permit  any  member  who  cannot  adequately  express  himself  in  any  of  the 
languages aforesaid to address the House in his mother-tongue. 

(2)  Unless  the  Legislature  of  the  State  by  law  otherwise  provides,  this 
article  shall,  after  the  expiration  of  a  period  of  fifteen  years  from  the 
commencement of this Constitution, have effect as if the words “or in English” 
were omitted therefrom: 

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.

##CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR 

**213. Power of Governor to promulgate Ordinances during recess of 
Legislature.**—(1)  If  at  any  time,  except  when  the  Legislative  Assembly  of  a 
State  is  in  session,  or  where  there  is  a  Legislative  Council  in  a  State,  except 
when  both  Houses  of  the  Legislature are  in  session,  the  Governor  is  satisfied 
that  circumstances  exist  which  render  it  necessary  for  him  to  take  immediate 
action,  he  may  promulgate    such  Ordinances  as  the  circumstances  appear  to 
him to require: 

Provided  that  the  Governor  shall  not,  without  instructions  from  the 
President, promulgate any such Ordinance if— 

(a)  a  Bill  containing  the  same  provisions  would  under  this 
Constitution have required the previous sanction of the President for the 
introduction thereof into the Legislature; or 

(b)  he  would  have  deemed  it  necessary  to  reserve  a    Bill 
containing the same provisions for the consideration of the President; or 

(c)  an  Act  of  the  Legislature  of  the  State  containing  the  same 
provisions  would  under  this  Constitution  have  been  invalid  unless, 
having  been  reserved  for  the  consideration  of  the  President,  it  had 
received the assent of the President. 

(2)  An  Ordinance  promulgated  under  this  article  shall  have  the  same 
force  and  effect  as  an  Act  of  the  Legislature  of  the  State  assented  to  by  the 
Governor, but every such Ordinance—

(a) shall be laid before the Legislative  Assembly of the State, or 
where there is a Legislative Council in the State, before both the Houses, 
and  shall  cease  to  operate  at  the  expiration  of  six  weeks  from  the 
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.

##CHAPTER V.—THE HIGH COURTS IN THE STATES 

**214. High Courts for States.**— There  shall be a High Court for  each 
State. 

**215. High Courts to be courts of record.**—Every High Court shall be a 
court  of  record  and  shall  have  all  the  powers  of  such  a  court  including  the 
power to punish for contempt of itself.

**216. Constitution of High Courts.**—Every High Court shall consist of a 
Chief  Justice  and  such  other  Judges  as  the  President  may  from  time  to  time 
deem it necessary to appoint.

**217.  Appointment  and conditions of the office of a Judge of a High Court.**—
(1) Every Judge of a High Court shall be appointed by the President 
by  warrant  under  his  hand  and  seal on  the  recommendation  of  the  National 
Judicial  Appointments  Commission  referred to in article 124A,  and  the 
Governor of the State, and, in the case of appointment of a Judge other than the 
Chief  Justice,  the  Chief  Justice  of  the  High  Court, shall  hold  office,  in  the 
case  of  an  additional  or  acting  Judge,  as  provided  in  article  224,  and  in  any 
other case, until he attains the age of sixty-two years:

Provided that— 

(a)  a  Judge  may,  by  writing  under  his  hand  addressed  to  the 
President, resign his office; 

(b) a Judge may  be removed from his office by the President in the 
manner provided in clause (4) of article 124 for the removal of a Judge 
of the Supreme Court; 

(c) the office of  a Judge shall be vacated  by his  being appointed by 
the  President  to  be  a  Judge  of  the  Supreme  Court  or  by  his  being 
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.

(c)

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. 

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 
to  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, [^1][on the recommendation of the National Judicial Appointments 
Commission referred to in article 124A], 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,  [^5][the  President 
may,  in  consultation  with  the  National  Judicial  Appointments  Commission, 
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 

______________________________________________ 
[^1].  Subs.  by  the  Constitution  (Ninety-ninth  Amendment)  Act,  2014,  s.  7,    for  "after 
consultation with the Chief Justice of  India" (w.e.f. 13-4-2015). This amendment has 
been struck down by the Supreme Court in the case of Supreme Court Advocates-on-
Record Association and Another Vs. Union of India in its judgment dated 16-10-2015, 
AIR 2016 SC 117.

[^5]. Subs.  by  the  Constitution  (Ninety-ninth  Amendment)  Act,  2014,  s.  8,    for  "the 
President may appoint" (w.e.f. 13-4-2015). This amendment has been struck down, by 
the  Supreme  Court  in  the  case  of  Supreme  Court  Advocates-on-Record  Association 
and Another Vs. Union of India in its judgment, dated 16-10-2015, AIR 2016 SC 117. 



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,  1[the President may, 
in consultation with the National Judicial Appointments Commission, 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, [^4][the National Judicial Appointments 
Commission on a reference made to it by the Chief Justice of a High Court for 
any State, may with the previous consent of the President], request any person 
who has held the office of a Judge of that Court or of any other High Court to 
sit and act as a Judge of the High Court for that State, and every such person so 
requested  shall,  while  so  sitting  and  acting,  be  entitled  to  such  allowances  as 
the President may by order determine and have all the jurisdiction, powers and 
privileges  of,  but  shall  not  otherwise  be  deemed  to  be,  a  Judge  of  that  High 
Court: 

Provided that nothing in this article shall be deemed to require any such 
person  as  aforesaid  to  sit  and  act  as  a  Judge  of  that  High  Court  unless  he 
consents so to do.

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: 
______________________________________________

[^4]. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014,  s. 9, for "the Chief 
Justice of a High Court for any State may at any time, with the previous consent of the 
President"  (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme 
Court in the case of Supreme Court Advocates-on-Record Association and Another Vs. 
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.   






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.

226A. *Constitutional  validity  of  Central  laws  not  to  be  considered  in 
proceedings  under  article  226..—Omitted  by  the  Constitution  (Forty-third 
Amendment) Act, 1977, s. 8 (w.e.f.* 13-4-1978).

227. **Power of superintendence over all courts by the High Court.**—
(1) Every High Court shall have superintendence over all courts and tribunals 
throughout the territories in relation to which it exercises jurisdiction.

(2)  Without  prejudice  to  the  generality  of  the  foregoing  provision,  the 
High Court may— 

(a) call for returns from such courts; 

(b) make and issue general rules and prescribe forms for regulating 
the practice and proceedings of such courts; and 

(c) prescribe forms in which books, entries and accounts shall be kept 
by the officers of any such courts. 

(3)  The  High  Court  may  also  settle  tables  of  fees  to  be  allowed  to  the 
sheriff and all clerks and officers of such courts and to attorneys, advocates and 
pleaders practising therein:

Provided  that  any  rules  made,  forms  prescribed  or  tables  settled  under 
clause (2) or clause (3) shall not be inconsistent with the provision of any law 
for  the  time  being  in  force,  and  shall  require  the  previous  approval  of  the 
Governor. 

(4)  Nothing  in  this  article  shall  be  deemed  to  confer  on  a  High  Court 
powers  of  superintendence  over  any  court  or  tribunal  constituted  by  or  under 
any law relating to the Armed Forces. 

228. **Transfer of certain cases to High Court.**—If  the  High  Court  is 
satisfied that a case pending in a court subordinate to it involves a substantial 
question of law as to the interpretation of this Constitution the determination of 
which is necessary for the disposal of the case, it shall withdraw the case and 
may—

(a) either dispose of the case itself, or 
(b)  determine  the  said  question of  law  and  return the case  to the 
court from which the case has been so withdrawn together with a copy of 
its judgment on such question, and the said court shall on receipt thereof 
proceed to dispose of the case in conformity with such judgment. 

228A. *Special  provisions  as  to  disposal  of  questions  relating  to 
constitutional  validity  of  State  laws..—Omitted  by  the  Constitution  (Forty-
third Amendment) Act*, 1977, s. 10 (w.e.f. 13-4-1978). 

229. **Officers  and  servants  and  the  expenses  of  High  Courts.**—(1)  
Appointments of officers and servants of a High Court shall be made by the Chief 
Justice of the Court or such other Judge or officer of the Court as he may direct:

Provided that the Governor of the State may by rule require that in 
such cases as may be specified in the rule no person not already attached to the 
Court  shall  be  appointed  to  any  office  connected  with  the  Court  save  after 
consultation with the State Public Service Commission.

(2) Subject to the provisions of any law made by the Legislature of the 
State, the conditions of service of officers and servants of a High Court shall be 
such as may be prescribed by rules made by the Chief Justice of the Court or by 
some  other  Judge  or  officer  of  the  Court  authorised  by  the  Chief  Justice  to 
make rules for the purpose: 

Provided that the rules made under this clause shall, so far as they relate 
to salaries, allowances, leave or pensions, require the approval of the Governor 
of the State.

(3)  The  administrative  expenses  of a  High Court, including all salaries, 
allowances and pensions payable to or in respect of the officers and servants of 
the Court,  shall be charged upon  the Consolidated Fund of the State, and any 
fees or other moneys taken by the Court shall form part of that Fund. 

230. **Extension of jurisdiction  of  High  Courts to  Union territories.**—
(1) Parliament may by law extend the jurisdiction of a High Court 
to, or exclude the jurisdiction of a High Court from, any Union territory. 

(2) Where the High Court of a State exercises jurisdiction in relation to a 
Union territory,— 

(a) nothing in this Constitution shall be construed as  empowering  the 
Legislature of the State to increase, restrict or abolish that jurisdiction; and 

(b) the reference in article 227 to the Governor shall, in relation to 
any  rules,  forms  or  tables  for  subordinate  courts  in  that  territory,  be 
construed as a reference to the President. 

231. **Establishment of a common High Court for two or more States.**—
(1) Notwithstanding anything contained in the 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,— 

[^1](a)* 		*		*		*		*

(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.

232. *Interpretation.—Articles  230,  231  and  232  subs.  by  articles  230 
and  231  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  16             
(w.e.f. 1-11-1956)*. 


###CHAPTER VI.—SUBORDINATE  COURTS 

233. **Appointment of district judges.**—(1) Appointments of persons to 
be, and the posting and promotion of, district judges in any State shall be made 
by  the  Governor  of  the  State  in  consultation  with  the  High  Court  exercising 
jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall 
only be eligible to be appointed a district judge if he has been for not less than 
seven  years  an  advocate  or  a pleader  and  is  recommended  by  the  High  Court 
for appointment.

______________________________________________ 
[^1]. Sub-clause (a) omitted by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 10 
(w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide 
its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association and 
Another  Vs.  Union  of  India  reported    AIR  2016  SC  117.  Before  amendment,  sub-
clause (a) was as under:— 

"(a) the reference in article 217 to the Governor of the State shall be construed as 
reference  to  the  Governors  of  all  the  States  in  relation  to  which  the  High  Court 
exercises jurisdiction;".  



233A. **Validation of appointments of, and judgments, etc., 
delivered    by,    certain  district    judges.**—Notwithstanding  any  judgment, 
decree or order of any court,—

(a) (i) no appointment of any person already in the judicial service 
of a State or of any person who has been for not less than seven years an 
advocate or a pleader, to be a district judge in that State, and

(ii)  no  posting,  promotion  or  transfer  of  any  such  person  as  a 
district judge, 

made at any time before the commencement of the Constitution (Twentieth 
Amendment) Act, 1966, otherwise than in accordance with the provisions 
of article 233 or article 235 shall be deemed to be illegal or void or ever to 
have  become  illegal  or  void  by  reason  only  of  the  fact  that  such 
appointment,  posting,  promotion  or  transfer  was  not  made  in  accordance 
with the said provisions;

(b) no jurisdiction exercised, no judgment, decree, sentence or order 
passed or made, and no other act or proceeding done or taken, before the 
commencement  of  the  Constitution  (Twentieth  Amendment)  Act,  1966 
by, or before, any person appointed, posted, promoted or transferred as a 
district  judge  in  any  State  otherwise  than  in  accordance  with  the 
provisions of article 233 or article 235 shall  be deemed to be illegal or 
invalid  or  ever  to  have  become  illegal  or  invalid  by  reason  only  of  the 
fact that such appointment, posting, promotion or transfer was not made 
in accordance with the said provisions.

234. **Recruitment  of  persons  other  than  district  judges  to  the  judicial 
service.**—Appointments of persons other than district judges to the judicial service 
of a State shall be made by the Governor of the State in accordance with rules made 
by him in that behalf after consultation with the State Public Service Commission 
and with the High Court exercising jurisdiction in relation to such State.

235. **Control  over  subordinate  courts.**—The  control  over  district 
courts  and  courts  subordinate  thereto  including  the  posting  and promotion  of, 
and  the  grant  of  leave  to,  persons  belonging  to  the  judicial  service  of  a  State 
and holding any post inferior to the post of district judge shall be vested in the 
High Court, but nothing in this article shall be construed as taking away from 
any  such  person  any  right  of  appeal  which  he  may  have  under  the  law 
regulating the conditions of his service or as authorising the High Court to deal 
with  him  otherwise  than  in  accordance  with  the  conditions  of  his  service 
prescribed under such law.

236. **Interpretation.**—In this Chapter— 

(a) the expression “district judge” includes judge of a city civil court, 
additional district judge, joint district judge, assistant district judge, chief 
judge  of  a  small  cause  court,  chief  presidency  magistrate,  additional 
chief  presidency  magistrate,  sessions  judge,  additional  sessions  judge 
and assistant sessions Judge; 

(b)  the  expression  “judicial  service”  means  a  service  consisting 
exclusively of persons intended to fill the post of district judge and other 
civil judicial 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.

 
 

##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  may 
appoint  the  Governor  of  a  State  as  the  administrator  of  an  adjoining  Union 
territory, and where a Governor is so appointed, he shall exercise his functions 
as such administrator independently of his Council of Ministers.

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 Puducherry—

(a) a body, whether elected or partly nominated and partly elected, to 
function as a Legislature for the Union territory, or 

(b) a Council of Ministers, 

or both with such  constitution, powers and  functions, in each case, as may be 
specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed to be 
an  amendment  of this  Constitution  for the  purposes  of  article  368 
notwithstanding that it contains any provision which amends or has the effect 
of amending this Constitution.

239AA. **Special  provisions  with  respect  to  Delhi.**—(1) As from the 
date  of  commencement  of  the  Constitution  (Sixty-ninth  Amendment)  Act, 
1991, the Union territory of Delhi shall be called the National Capital Territory 
of Delhi (hereafter in this Part referred to as the National Capital Territory) and 
the administrator thereof appointed under article 239 shall be designated as the 
Lieutenant Governor. 

(2)(a)  There  shall  be  a  Legislative  Assembly  for  the  National  Capital 
Territory and the seats in such Assembly shall be filled by members chosen by 
direct election from territorial constituencies in the National Capital Territory. 

(b) The total number of seats in the Legislative Assembly, the number of 
seats  reserved  for  Scheduled  Castes,  the  division  of  the  National  Capital 
Territory  into  territorial  constituencies  (including  the  basis  for  such  division) 
and  all  other  matters  relating  to  the  functioning  of  the  Legislative  Assembly 
shall be regulated by law made by Parliament. 

(c) The provisions of articles 324 to 327 and 329 shall apply in relation 
to  the  National  Capital  Territory,  the  Legislative  Assembly  of  the  National 
Capital Territory and the members thereof as they apply, in relation to a State, 
the Legislative Assembly of a State and the members thereof respectively; and 
any  reference  in  articles  326  and  329  to  “appropriate  Legislature”  shall  be 
deemed to be a reference to Parliament. 

(3)  (a)  Subject  to  the  provisions  of  this  Constitution,  the  Legislative 
Assembly  shall  have  power  to  make  laws  for  the  whole  or  any  part  of  the 
National Capital Territory with respect to any of the matters enumerated in the 
State List or in the Concurrent List in so far as any such matter is applicable to 
Union territories 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 
Puducherry,  the  administrator  and  its  Legislature,  respectively;  and  any 
reference in that article to “clause (1) of article 239A” shall be deemed to be a 
reference to this article or article 239AB, as the case may be. 

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 2[the 
Union  territory  of Puducherry  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.] 

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) the Andaman and Nicobar Islands; 

(b) Lakshadweep;

(c) Dadra and Nagar Haveli and Daman and Diu;

(e) Puducherry;

Provided that when any body is created under article 239A to function 
as a Legislature for the Union territory of Puducherry, 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 Puducherry 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.].—Omitted by the Constitution (Seventh Amendment) Act, 
1956, s. 29 and Sch.*(w.e.f. 1-11-1956).



##PART IX 

###THE PANCHAYATS 

243. **Definitions.**—In this Part, unless the context otherwise requires,— 

(a) “district” means a district in a State; 

(b)  “Gram  Sabha” means a body consisting of  persons registered in 
the  electoral  rolls  relating  to  a  village  comprised  within  the  area  of 
Panchayat at the village level; 

(c) “intermediate level” means  a  level  between  the  village  and 
district levels specified by the Governor of a State by public notification 
to be the intermediate level for the purposes of this Part; 

(d) “Panchayat” means  an  institution  (by  whatever  name  called)  of 
self-government constituted under article 243B, for the rural areas; 

(e) “Panchayat area” means the territorial area of a Panchayat; 

(f)  “Population”  means  the  population  as  ascertained  at  the  last 
preceding census of which the relevant figures have been published; 

(g)  “village”  means  a  village  specified  by  the  Governor  by  public 
notification  to  be  a  village  for  the  purposes  of  this  Part  and  includes  a 
group of villages so specified. 

243A. **Gram Sabha.**—A  Gram  Sabha  may  exercise  such  powers  and 
perform such functions at the village level as the Legislature of a State may, by 
law, provide.

243B. **Constitution of Panchayats.**—(1)  There  shall  be  constituted  in 
every  State,  Panchayats  at  the  village,  intermediate  and  district  levels  in 
accordance with the provisions of this Part.

(2)  Notwithstanding  anything  in  clause  (1),  Panchayats  at  the  intermediate 
level  may  not  be  constituted  in  a  State  having  a  population  not  exceeding 
twenty lakhs. 

243C. **Composition of Panchayats.**—(1)  Subject  to  the  provisions  of 
this Part, the Legislature of a State may, by law, make provisions with respect 
to the composition of Panchayats:

Provided that the ratio between the population of the territorial area of a 
Panchayat at any level and the number of seats in such Panchayat to be filled 
by election shall, so far as practicable, be the same throughout the State. 

(2) All the seats in a Panchayat shall be filled by persons chosen by 
direct election from territorial constituencies in the Panchayat area and, for this 
purpose, each Panchayat area shall be divided into territorial constituencies in 
such manner that the ratio between the population of each constituency and the 
number of seats allotted to it shall, so far as practicable, be the same throughout 
the Panchayat area.

(3) The  Legislature  of  a  State  may,  by  law,  provide  for  the 
representation— 

(a)  of the Chairpersons of the Panchayats at the village level, in the 
Panchayats at the intermediate level or, in the case of a State not having 
Panchayats  at  the  intermediate  level,  in  the  Panchayats  at  the  district 
level; 

(b) of the Chairpersons of the Panchayats at the intermediate level, in 
the Panchayats at the district level; 

(c)  of  the  members  of  the  House  of  the People  and  the  members  of 
the Legislative Assembly of the State representing constituencies which 
comprise  wholly  or  partly  a  Panchayat  area  at  a  level  other  than  the 
village level, in such Panchayat; 

(d) of the members of the Council of States and the members of the 
Legislative  Council  of  the  State,  where  they  are  registered  as  electors 
within— 

(i) a Panchayat area at the intermediate level, in Panchayat at the 
intermediate level; 

(ii)  a  Panchayat  area  at  the  district  level,  in  Panchayat  at  the 
district level. 

(4) The Chairperson  of a Panchayat and other  members of a Panchayat 
whether  or  not  chosen  by  direct  election  from  territorial  constituencies  in  the 
Panchayat area shall have the right to vote in the meetings of the Panchayats. 

(5) The Chairperson of— 

(a) a Panchayat at the village level shall be elected in such manner as 
the Legislature of a State may, by law, provide; and 

(b)  a  Panchayat  at  the  intermediate  level  or  district  level  shall  be 
elected by, and from amongst, the elected members thereof.

243D. **Reservation of seats.**—(1) Seats shall be reserved for— 

(a) the Scheduled Castes; and 
(b) the Scheduled Tribes, 

in every Panchayat and the number of seats so reserved shall bear, as nearly as 
may be, the same proportion to the total number of seats to be filled by direct 
election  in  that  Panchayat  as  the  population  of  the  Scheduled  Castes  in  that 
Panchayat area or  of the  Scheduled Tribes in that Panchayat area  bears to the 
total  population  of  that  area  and  such  seats  may  be  allotted  by  rotation  to 
different constituencies in a Panchayat.

(2) Not less  than  one-third  of  the  total  number  of  seats  reserved  under 
clause (1) shall be reserved for women belonging to the Scheduled Castes or, as 
the case may be, the Scheduled Tribes.

(3) Not  less  than  one-third  (including  the  number  of  seats  reserved  for 
women  belonging  to  the  Scheduled  Castes  and  the  Scheduled  Tribes)  of  the 
total number of seats to be filled by direct election in every Panchayat shall be 
reserved  for  women  and  such  seats  may  be  allotted  by  rotation  to  different 
constituencies in a Panchayat.

(4)  The  offices  of  the  Chairpersons  in  the  Panchayats  at  the  village  or 
any  other  level  shall  be  reserved  for  the  Scheduled  Castes,  the  Scheduled 
Tribes  and  women  in  such  manner  as  the  Legislature of  a  State may,  by  law, 
provide: 

Provided  that  the  number  of  offices  of  Chairpersons  reserved  for  the 
Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in 
any  State  shall  bear,  as  nearly  as  may  be,  the  same  proportion  to  the  total 
number of such offices in the Panchayats at each level as the population of the 
Scheduled Castes in the State or of the Scheduled Tribes in the State bears to 
the total population of the State: 

Provided further that not less than one-third of the total number of offices 
of Chairpersons in the Panchayats at each level shall be reserved for women: 

Provided also that the number of offices reserved under this clause shall 
be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the reservation of 
offices of Chairpersons (other than  the reservation  for  women) under clause (4) 
shall cease to have effect on the expiration of the period specified in article 334. 

(6) Nothing in this Part shall prevent the Legislature of a State from making 
any provision for reservation of seats in any Panchayat or offices of Chairpersons in 
the Panchayats at any level in favour of backward class of citizens.

243E. **Duration of Panchayats, etc.**—(1)  Every  Panchayat,  unless 
sooner dissolved under any law  for the time being in force, shall continue for 
five years from the date appointed for its first meeting and no longer.

 (2) No amendment of any law for the time being in force shall have the 
effect of causing dissolution of a Panchayat at any level, which is functioning 
immediately before such amendment, till the expiration of its duration specified 
in clause (1). 

(3) An election to constitute a Panchayat shall be completed— 

(a) before the expiry of its duration specified in clause (1); 
(b) before the expiration of a period of six months from the date of its 
dissolution: 

Provided that where the remainder of the period for which the dissolved 
Panchayat  would  have  continued  is  less  than  six  months,  it  shall  not  be 
necessary to hold any election under this clause for constituting the Panchayat 
for such period. 

(4) A Panchayat constituted upon the dissolution of a Panchayat before 
the expiration of its duration shall continue only for the remainder of the period 
for which the dissolved Panchayat would have continued under clause (1) had it 
not been so dissolved.

243F. **Disqualifications for membership.**—(1)  A  person  shall  be 
disqualified for being chosen as, and for being, a member of a Panchayat— 

(a) if he is so disqualified by or under any law for the time being in 
force  for  the  purposes  of  elections  to  the  Legislature  of  the  State 
concerned: 

Provided that no person shall be disqualified on the ground that he is 
less than twenty-five years of age, if he has attained the age of twenty-
one years; 

(b)  if  he  is  so  disqualified  by  or  under  any  law  made  by  the 
Legislature of the State. 

(2)  If  any  question  arises  as  to  whether  a  member  of  a  Panchayat  has 
become  subject  to  any  of  the  disqualifications  mentioned  in  clause  (1),  the 
question shall be referred for the decision of such authority and in such manner 
as the Legislature of a State may, by law, provide.

243G. **Powers,  authority  and  responsibilities  of  Panchayats.**—
Subject to the provisions of this Constitution, the Legislature of a State may, by 
law,  endow  the  Panchayats  with  such  powers  and  authority  as  may  be 
necessary  to  enable  them  to  function  as  institutions  of  self-government  and 
such  law  may  contain  provisions  for  the  devolution  of  powers  and 
responsibilities  upon  Panchayats  at  the  appropriate  level,  subject  to  such 
conditions as may be specified therein, with respect to— 

(a) the preparation of plans for economic development and social justice; 

(b)  the  implementation  of  schemes  for  economic  development  and 
social justice as may be entrusted to them including those in relation to 
the matters listed in the Eleventh Schedule. 

243H. **Powers to impose taxes by, and Funds of, the Panchayats.**—
The Legislature of a State may, by law,— 

 (a) authorise a Panchayat to levy, collect and appropriate such taxes, 
duties,  tolls  and  fees  in  accordance  with  such  procedure and  subject  to 
such limits; 

 (b) assign to a Panchayat such taxes, duties, tolls and fees levied and 
collected by the State Government for such purposes and subject to such 
conditions and limits; 

 (c) provide for making such grants-in-aid to the Panchayats from the 
Consolidated Fund of the State; and 

 (d)  provide  for  constitution  of  such  Funds  for  crediting  all  moneys 
received, respectively, by or on behalf of the Panchayats and also for the 
withdrawal of such moneys therefrom, 

as may be specified in the law.

243-I. **Constitution  of  Finance  Commission  to  review  financial 
position.**—(1)  The  Governor  of  a  State  shall,  as  soon  as  may  be  within  one 
year from the commencement  of the Constitution (Seventy-third Amendment) 
Act,  1992,  and  thereafter  at  the  expiration  of  every  fifth  year,  constitute  a 
Finance Commission to review the financial position of the Panchayats and to 
make recommendations to the Governor as to— 

(a) the principles which should govern— 

	(i) the distribution between the State and the Panchayats of the 
net  proceeds  of  the  taxes,  duties,  tolls  and  fees  leviable  by  the 
State, which may be divided between them under this Part and the 
allocation between the Panchayats at all levels of their respective 
shares of such proceeds; 

	(ii) the determination of the taxes, duties, tolls and fees which 
may be assigned to, or appropriated by, the Panchayats; 

	(iii) the grants-in-aid to the Panchayats from the Consolidated 
Fund of the State; 

(b) the  measures  needed  to  improve  the  financial  position  of  the 
Panchayats; 

(c) any other matter referred to the Finance Commission by the 
Governor in the interests of sound finance of the Panchayats. 

(2) The Legislature of a State may, by law, provide for the composition 
of the Commission, the qualifications which shall be requisite for appointment 
as members thereof and the manner in which they shall be selected. 

(3) The Commission shall determine their procedure and shall have such 
powers  in  the  performance  of  their  functions  as  the  Legislature  of  the  State 
may, by law, confer on them. 

(4) The  Governor  shall  cause  every  recommendation  made  by  the 
Commission under this article together with an explanatory memorandum as to 
the action taken thereon to be laid before the Legislature of the State. 

243J. **Audit of accounts of Panchayats.**—The  Legislature  of  a  State 
may, by law, make provisions with respect to the maintenance of accounts by 
the Panchayats and the auditing of such accounts. 

243K. **Elections to the Panchayats.**—(1)  The  superintendence, 
direction  and  control  of  the  preparation  of  electoral  rolls  for,  and  the  conduct 
of,  all  elections  to  the  Panchayats  shall  be  vested  in  a  State  Election 
Commission  consisting  of  a  State  Election  Commissioner  to  be  appointed  by 
the Governor. 

(2)  Subject  to  the  provisions  of  any  law  made  by  the  Legislature  of  a 
State,  the  conditions  of  service  and  tenure  of  office  of  the  State  Election 
Commissioner shall be such as the Governor may by rule determine: 

Provided  that  the  State  Election  Commissioner  shall  not  be  removed 
from his office except in like manner and on the like grounds as a Judge of a 
High  Court  and  the conditions  of  service  of  the  State  Election  Commissioner 
shall not be varied to his disadvantage after his appointment.

(3) The Governor of a State shall, when so requested by the State 
Election  Commission,  make  available  to  the  State  Election  Commission  such 
staff  as  may  be  necessary  for  the  discharge  of  the  functions  conferred  on  the 
State Election Commission by clause (1). 

(4)  Subject  to  the  provisions  of  this Constitution,  the  Legislature  of  a 
State may, by law, make provision with respect to all matters relating to, or in 
connection with, elections to the Panchayats.

243L. **Application  to  Union  territories.**—The  provisions  of  this  Part 
shall  apply  to  the  Union  territories  and  shall,  in  their  application  to  a  Union 
territory,  have  effect  as  if  the  references  to  the  Governor  of  a  State  were 
references  to  the  Administrator  of  the  Union  territory  appointed  under  article 
239  and  references  to  the  Legislature  or  the  legislative  Assembly  of  a  State 
were references, in relation to a Union territory having a Legislative Assembly, 
to that Legislative Assembly:

Provided  that  the  President  may,  by  public  notification,  direct  that  the 
provisions of this Part shall apply to any Union territory or part thereof subject 
to such exceptions and modifications as he may specify in the notification.

243M. **Part not to apply to certain areas.**—(1)  Nothing  in  this  Part 
shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas 
referred to in clause (2), of article 244. 

(2) Nothing in this Part shall apply to— 
	(a) the States of Nagaland, Meghalaya and Mizoram; 

	(b)  the hill areas in the State of Manipur for which District Councils 
exist under any law for the time being in force. 

(3) Nothing in this Part— 

	(a)  relating to Panchayats at the district level shall apply to the hill 
areas of the District of Darjeeling in the State of West Bengal for which 
Darjeeling Gorkha Hill Council exists under any law for the time being 
in force; 

	(b) shall be construed to affect the functions and  powers  of  the 
Darjeeling Gorkha Hill Council constituted under such law.

(3A)  Nothing  in  article  243D,  relating  to  reservation  of  seats  for  the 
Scheduled Castes, shall apply to the State of Arunachal Pradesh.

(4) Notwithstanding anything in this Constitution,— 

(a)  the Legislature of a State referred to in sub-clause (a) of clause (2) 
may, by law,  extend this Part  to that State, except the areas, if any, 
referred to in clause (1), if the Legislative Assembly of that State passes 
a resolution to that effect by a  majority of the total membership of that 
House and by a  majority of not less than two-thirds of the members of 
that House present and voting;

(b) Parliament may, by law, extend the provisions of this Part to the 
Scheduled Areas and the tribal areas referred to in clause (1) subject to 
such exceptions and modifications as may be specified in such law, and 
no such law shall be deemed to be an amendment of this Constitution for 
the purposes of article 368. 

243N. **Continuance of existing laws and  Panchayats.**—
Notwithstanding  anything  in  this  Part,  any  provision  of  any  law  relating  to 
Panchayats  in  force  in  a  State  immediately  before  the  commencement  of  the 
Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with 
the  provisions  of  this  Part,  shall  continue  to  be  in  force  until  amended  or 
repealed  by  a  competent  Legislature or  other  competent  authority  or  until  the 
expiration of one year from such commencement, whichever is earlier:

Provided  that  all  the  Panchayats  existing  immediately  before  such 
commencement shall continue till the expiration of their duration, unless sooner 
dissolved by a resolution passed to that effect by the Legislative Assembly of 
that State or, in the case of a State having a Legislative Council, by each House 
of the Legislature of that State.

243-O. **Bar  to  interference  by  courts  in  electoral  matters.**— 
Notwithstanding anything in this Constitution,— 

(a) the  validity  of  any law  relating to the  delimitation  of 
constituencies  or  the allotment  of  seats  to  such  constituencies,  made  or 
purporting to be made under article 243K, shall not be called in question 
in any court;

(b) no election to any Panchayat shall be called in question except by 
an election petition presented to such authority and in such manner as is 
provided for by or under any law made by the Legislature of a State.

##PART IXA 

###THE MUNICIPALITIES 

243P. **Definitions.**—In this  Part,  unless the  context  otherwise 
requires,— 

(a) “Committee” means a Committee constituted under article 243S; 

(b) “district” means a district in a State; 

(c)  “Metropolitan  area”  means  an  area  having  a  population  of  ten 
lakhs or more, comprised in one or more districts and consisting of two 
or  more  Municipalities  or  Panchayats  or  other  contiguous  areas, 
specified  by  the  Governor  by  public  notification  to  be  a  Metropolitan 
area for the purposes of this Part; 

(d) “Municipal area” means the territorial area of a Municipality as is 
notified by the Governor; 

(e)  “Municipality”  means  an institution  of  self-government 
constituted under article 243Q; 

(f) “Panchayat” means a Panchayat constituted under article 243B; 

(g)  “population”  means  the  population  as  ascertained  at  the  last 
preceding census of which the relevant figures have been published. 

243Q. **Constitution of Municipalities.**—(1)  There  shall  be  constituted 
in every State,— 

(a)  a  Nagar  Panchayat  (by  whatever  name  called)  for  a  transitional 
area,  that  is  to  say,  an  area in  transition    from  a  rural  area  to  an  urban 
area; 

(b) a Municipal Council for a smaller urban area; and 

(c) a Municipal Corporation for a larger urban area, 

in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in 
such urban area or part thereof as the Governor may, having regard to the size 
of  the  area  and  the  municipal  services  being  provided  or  proposed  to  be 
provided by an industrial establishment in that area and such other factors as he 
may deem fit, by public notification, specify to be an industrial township. 

(2) In this article, “a transitional area”, “a smaller urban area” or “a 
larger urban area” means such area as the Governor may, having regard to the 
population  of  the  area,  the  density  of  the  population  therein,  the  revenue 
generated  for  local  administration,  the  percentage  of  employment  in  non-
agricultural activities, the economic importance or such other factors as he may 
deem fit, specify by public notification for the purposes of this Part.

243R. **Composition of Municipalities.**—(1) Save as provided in clause (2), 
all  the  seats  in  a  Municipality  shall  be  filled  by  persons  chosen  by  direct 
election  from  the  territorial  constituencies  in  the  Municipal  area  and  for  this 
purpose each  Municipal  area  shall  be divided  into  territorial  constituencies  to 
be known as wards.

(2) The Legislature of a State may, by law, provide— 

	(a) for the representation in a Municipality of— 

		(i) persons  having  special  knowledge  or  experience  in 
Municipal administration; 

		(ii) the members of the House of the People and the members 
of the  Legislative  Assembly  of the  State representing 
constituencies  which  comprise  wholly  or  partly  the  Municipal 
area;

		(iii) the members of the Council of States and the members of 
the  Legislative  Council  of  the  State  registered  as  electors  within 
the Municipal area; 

		(iv) the  Chairpersons  of  the  Committees  constituted  under 
clause (5) of article 243S:

Provided  that  the  persons  referred  to  in  paragraph  (i)  shall  not 
have the right to vote in the meetings of the Municipality; 

	(b) the manner of election of the Chairperson of a Municipality. 

243S. **Constitution and composition of Wards Committees, etc.**—(1) 
There shall be constituted Wards Committees, consisting of one or more wards, 
within the territorial area of a Municipality having a population of three lakhs 
or more. 

(2) The Legislature of a State may, by law, make provision with respect 
to— 

(a) the composition and the territorial area of a Wards Committee; 

(b) the manner in which the seats in a Wards Committee shall be 
filled.

(3) A member of a Municipality representing a ward within the territorial 
area of the Wards Committee shall be a member of that Committee. 

(4) Where a Wards Committee consists of— 

	(a) one ward, the member representing that ward in the Municipality; 

or 

	(b) two or more wards, one of the members representing such wards 
in the Municipality elected by the members of the Wards Committee, 

shall be the Chairperson of that Committee. 

(5) Nothing in this article shall be deemed to prevent the Legislature of a 
State from making any provision for the constitution of Committees in addition 
to the Wards Committees. 

243T. **Reservation of seats.**—(1)  Seats  shall  be  reserved  for  the 
Scheduled  Castes  and  the  Scheduled  Tribes  in  every  Municipality  and  the 
number  of  seats  so  reserved  shall  bear,  as  nearly  as  may  be,  the  same 
proportion  to  the  total  number  of  seats  to  be  filled  by  direct  election  in  that 
Municipality as the population of the Scheduled Castes in the Municipal area or 
of the Scheduled Tribes in  the Municipal  area  bears to the total population of 
that area and such seats may be allotted by rotation to different constituencies 
in a Municipality.

(2)  Not  less  than  one-third  of  the  total  number  of  seats  reserved  under 
clause (1) shall be reserved for women belonging to the Scheduled Castes or, as 
the case may be, the Scheduled Tribes.

(3)  Not  less  than  one-third  (including  the  number  of  seats  reserved  for 
women  belonging  to  the  Scheduled  Castes  and  the  Scheduled  Tribes)  of  the 
total number of seats to be filled by direct election in every Municipality shall 
be reserved for women and such seats may be allotted by rotation to different 
constituencies in a Municipality.

(4) The offices of Chairpersons in the Municipalities shall be reserved 
for the Scheduled Castes, the Scheduled Tribes and women in such manner as 
the Legislature of a State may, by law, provide. 

(5) The reservation of seats under clauses (1) and (2) and the reservation of 
offices of  Chairpersons  (other than  the reservation  for  women) under clause (4) 
shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from 
making any provision for reservation of seats in any Municipality or offices of 
Chairpersons in the Municipalities in favour of backward class of citizens. 

243U. **Duration of Municipalities, etc.**—(1) Every Municipality, unless 
sooner dissolved under any law  for the time being in force, shall continue for 
five years from the date appointed for its first meeting and no longer: 

Provided that a Municipality shall be given a reasonable opportunity of 
being heard before its dissolution. 

(2) No amendment of any law for the time being in force shall have the 
effect  of  causing  dissolution  of  a  Municipality  at  any  level,  which  is 
functioning  immediately  before  such  amendment,  till  the  expiration  of  its 
duration specified in clause (1). 

(3) An election to constitute a Municipality shall be completed,— 
	(a) before the expiry of its duration specified in clause (1); 
	(b) before the expiration of a period of six months from the date of its 
dissolution: 

Provided that where the remainder of the period for which the dissolved 
Municipality  would  have  continued  is  less  than  six  months,  it  shall  not  be 
necessary  to  hold  any  election  under  this  clause  for  constituting  the 
Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality 
before the expiration of its duration shall continue only for the remainder of the 
period for which the dissolved Municipality would have continued under clause (1) 
had it not been so dissolved.

243V. **Disqualifications for membership.**—(1)  A  person  shall  be 
disqualified for being chosen as, and for being, a member of a Municipality— 

(a) if he is so disqualified by or under any law for the time being in force 
for the purposes of elections to the Legislature of the State concerned: 

Provided that no person shall be disqualified on the ground that he is 
less  than  twenty-five  years  of  age,  if  he  has  attained  the  age  of      
twenty-one years;

(b)  if  he  is  so  disqualified  by  or  under  any  law  made  by  the 
Legislature of the State.

(2) If any question arises as to whether a member of a Municipality has 
become  subject  to  any  of  the  disqualifications  mentioned  in  clause  (1),  the 
question shall be referred for the decision of such authority and in such manner 
as the Legislature of a State may, by law, provide.

243W.  **Powers,  authority  and  responsibilities  of  Municipalities, etc.**—
Subject  to  the provisions  of  this  Constitution,  the  Legislature of  a  State 
may, by law, endow— 

(a)  the  Municipalities  with  such  powers  and  authority  as  may  be 
necessary  to  enable  them  to  function  as  institutions  of  self-government 
and  such  law  may  contain  provisions  for  the  devolution of  powers  and  
responsibilities  upon  Municipalities,  subject  to  such  conditions  as  may 
be specified therein, with respect to— 

(i) the preparation of plans for economic development and social 
justice; 

(ii)  the  performance  of  functions  and  the  implementation  of 
schemes  as  may  be  entrusted  to  them  including  those  in  relation  to 
the matters listed in the Twelfth Schedule; 

(b)  the  Committees  with  such  powers  and  authority  as  may  be 
necessary to enable them to carry out the responsibilities conferred upon 
them  including  those  in  relation  to  the  matters  listed  in  the  Twelfth 
Schedule. 

243X. **Power to impose taxes by, and Funds of, the Municipalities.**—
The Legislature of a State may, by law,— 

(a) authorise a Municipality to levy, collect and appropriate such 
taxes,  duties,  tolls  and  fees  in  accordance  with  such  procedure  and 
subject to such limits; 

(b) assign to a Municipality  such  taxes,  duties,  tolls  and  fees  levied 
and collected by the State Government for such purposes and subject to 
such conditions and limits;

(c) provide for making such grants-in-aid to the Municipalities from 
the Consolidated Fund of the State; and 

(d) provide  for  constitution  of  such  Funds  for  crediting  all  moneys 
received, respectively, by or on behalf of the Municipalities and also for 
the withdrawal of such moneys therefrom, 

as may be specified in the law. 

243Y. **Finance Commission.**—(1) The Finance Commission constituted 
under article 243-I shall also review the financial position of the Municipalities 
and make recommendations to the Governor as to—

	(a) the principles which should govern— 

		(i)  the  distribution  between  the  State  and  the  Municipalities  of 
the  net  proceeds  of  the  taxes,  duties,  tolls  and  fees  leviable  by  the 
State,  which  may  be  divided  between  them  under  this  Part  and  the 
allocation between the Municipalities at all levels of their respective 
shares of such proceeds; 

		(ii)  the  determination  of  the  taxes,  duties,  tolls  and  fees  which 
may be assigned to, or appropriated by, the Municipalities; 

		(iii) the  grants-in-aid to the  Municipalities from the 
Consolidated Fund of the State; 

	(b) the measures needed to improve the financial position of the 
Municipalities; 

	(c)  any  other  matter  referred  to  the  Finance  Commission  by  the 
Governor in the interests of sound finance of the Municipalities. 

(2)  The  Governor  shall  cause  every  recommendation  made  by  the 
Commission under this article together with an explanatory memorandum as to 
the action taken thereon to be laid before the Legislature of the State. 

243Z. **Audit of accounts of Municipalities.**—The Legislature of a State 
may, by law, make provisions with respect to the maintenance of accounts by 
the Municipalities and the auditing of such accounts.

243ZA. **Elections to the Municipalities.**—(1) The superintendence, 
direction and control of the preparation of electoral  rolls  for,  and  the  conduct 
of,  all  elections  to  the  Municipalities  shall  be  vested  in  the  State  Election 
Commission referred to in article 243K.

(2) Subject  to  the  provisions  of  this  Constitution,  the  Legislature  of  a 
State may, by law, make provision with respect to all matters relating to, or in 
connection with, elections to the Municipalities.

243ZB. **Application to Union territories.**—The provisions of this Part 
shall  apply  to  the  Union  territories  and  shall,  in  their  application  to  a  Union 
territory,  have  effect  as  if  the  references  to  the  Governor  of  a  State  were 
references  to  the  Administrator  of  the  Union  territory  appointed  under       
article 239 and references  to the Legislature or the  Legislative Assembly of  a 
State  were  references  in  relation  to  a  Union  territory  having  a  Legislative 
Assembly, to that Legislative Assembly: 

Provided  that  the  President  may,  by  public  notification,  direct  that  the 
provisions of this Part shall apply to any Union territory or part thereof subject 
to such exceptions and modifications as he may specify in the notification.

243ZC. **Part not to apply to certain areas.**—(1)  Nothing  in  this  Part 
shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas 
referred to in clause (2) of article 244.

(2)  Nothing  in  this  Part  shall  be  construed  to  affect  the  functions  and 
powers of the Darjeeling Gorkha Hill Council constituted under any law for the 
time being in force for the hill areas of the district of Darjeeling in the State of 
West Bengal. 

(3)  Notwithstanding  anything  in  this  Constitution,  Parliament  may,  by 
law,  extend  the  provisions  of  this  Part  to  the  Scheduled  Areas  and  the  tribal 
areas referred to in clause (1) subject to such exceptions and modifications as 
may  be  specified  in  such  law,  and  no  such  law  shall  be  deemed  to  be  an 
amendment of this Constitution for the purposes of article 368. 

243ZD. **Committee for district planning.**—(1)  There  shall  be 
constituted in every State at the district level a District Planning Committee to 
consolidate the plans prepared by the Panchayats and the Municipalities in the 
district and to prepare a draft development plan for the district as a whole.

(2) The Legislature of a State may, by law, make provision with respect 
to—

  (a) the composition of the District Planning Committees; 
  (b) the manner in which the seats in such Committees shall be 
filled: 

  Provided  that  not  less  than  four-fifths  of  the  total  number  of 
members of such Committee shall be elected by, and from amongst, the 
elected  members  of  the  Panchayat  at  the  district  level  and  of  the 
Municipalities  in  the  district  in  proportion  to  the  ratio  between  the 
population of the rural areas and of the urban areas in the district; 

  (c) the  functions  relating  to  district  planning  which  may  be 
assigned to such Committees; 

  (d) the manner in which the Chairpersons of such Committees 
shall be chosen. 

(3)  Every  District  Planning  Committee  shall,  in  preparing  the  draft 
development plan,— 

 (a) have regard to— 

    (i) matters of common interest between the Panchayats and 
the Municipalities including spatial planning, sharing of water and 
other  physical  and  natural  resources,  the  integrated  development 
of infrastructure and environmental conservation; 

    (ii) the  extent  and  type  of  available  resources  whether 
financial or otherwise; 

  (b) consult  such  institutions  and  organisations  as  the  Governor  
may, by order, specify. 

(4) The Chairperson of every District Planning Committee shall forward 
the development plan, as recommended by such Committee, to the Government 
of the State. 

243ZE. **Committee for Metropolitan planning.**—(1)  There  shall  be 
constituted  in  every  Metropolitan  area  a  Metropolitan Planning  Committee  to 
prepare a draft development plan for the Metropolitan area as a whole. 

(2) The Legislature of a State may, by law, make provision with respect to— 
  (a) the composition of the Metropolitan Planning Committees; 
  (b) the manner in which the seats in such Committees shall be filled: 

    Provided  that  not  less  than  two-thirds  of  the  members  of  such 
Committee shall be elected by, and from amongst, the elected members 
of  the  Municipalities  and  Chairpersons  of  the  Panchayats  in  the 
Metropolitan  area  in  proportion  to  the  ratio  between  the  population  of 
the Municipalities and of the Panchayats in that area; 

  (c) the  representation  in  such  Committees  of  the  Government  of 
India  and  the  Government  of  the  State  and  of  such  organisations  and 
institutions  as  may  be  deemed  necessary  for  carrying  out  the  functions 
assigned to such Committees; 

  (d) the functions relating to planning and coordination for the 
Metropolitan area which may be assigned to such Committees; 

  (e) the manner  in  which  the  Chairpersons  of  such  Committees 
shall be chosen. 

(3) Every Metropolitan Planning Committee shall, in preparing the draft 
development plan,— 

  (a) have regard to— 

    (i) the plans prepared by  the  Municipalities  and  the 
Panchayats in the Metropolitan area; 

    (ii) matters of common interest between the Municipalities 
and the Panchayats, including coordinated  spatial planning of the 
area,  sharing  of  water  and  other  physical  and  natural  resources, 
the  integrated  development  of  infrastructure  and  environmental 
conservation; 

    (iii) the  overall  objectives  and  priorities  set  by  the 
Government of India and the Government of the State; 

    (iv) the extent and nature of investments likely to be made 
in the Metropolitan area by agencies of the Government of India 
and of the Government of the State and other available resources 
whether financial or otherwise; 

  (b) consult  such  institutions  and  organisations  as  the  Governor 
may, by order, specify. 

(4) The  Chairperson  of  every  Metropolitan  Planning  Committee  shall 
forward  the  development  plan,  as  recommended  by  such  Committee,  to  the 
Government of the State.

243ZF. **Continuance of existing laws and Municipalities.**—
Notwithstanding  anything  in  this  Part,  any  provision  of  any  law  relating  to 
Municipalities in force in a State immediately before the commencement of the 
Constitution  (Seventy-fourth  Amendment)  Act,  1992,  which  is  inconsistent 
with the provisions of this Part, shall continue to be in force until amended or 
repealed  by  a  competent  Legislature or  other  competent  authority  or  until  the 
expiration of one year from such commencement, whichever is earlier:

Provided  that  all  the  Municipalities  existing  immediately  before  such 
commencement shall continue till the expiration of their duration, unless sooner 
dissolved by a resolution passed to that effect by the Legislative Assembly of 
that State or, in the case of a State having a Legislative Council, by each House 
of the Legislature of that State.

243ZG. **Bar  to  interference  by  courts  in  electoral  matters.**—
Notwithstanding anything in this  Constitution,— 

(a) the  validity  of  any  law  relating  to  the  delimitation  of 
constituencies  or  the allotment  of  seats  to  such  constituencies,  made  or 
purporting  to  be  made  under  article  243ZA  shall  not  be  called  in 
question in any court; 

(b)  no  election  to  any  Municipality  shall  be  called  in  question 
except  by  an  election  petition  presented  to  such  authority  and  in  such 
manner as is provided for by or under any law made by the Legislature 
of a State.

##PART IXB 

###THE CO-OPERATIVE SOCIETIES 

243ZH. **Definitions.**—In  this  Part,  unless  the  context  otherwise 
requires,— 

(a) “authorised person” means a person referred to as such in article 
243ZQ;  

(b) “board” means the board of directors or the governing body of a 
co-operative  society,  by  whatever  name  called,  to  which  the  direction 
and control of the management of the affairs of a society is entrusted to; 

(c) “co-operative society” means a society registered or deemed to be 
registered  under  any  law  relating  to  co-operative  societies  for  the  time 
being in force in any State; 

(d)  “multi-State  co-operative  society”  means  a  society  with  objects 
not confined to one State and registered or deemed to be registered under 
any law for the time being in force relating to such co-operatives; 

(e)  “office  bearer”  means  a  President,  Vice-President,  Chairperson, 
Vice-Chairperson, Secretary or Treasurer, of a co-operative society and 
includes any other person to be elected by the board of any co-operative 
society; 

(f) “Registrar” means the Central Registrar appointed by the Central 
Government in relation to the multi-State co-operative societies and the 
Registrar for co-operative societies appointed by the State  Government 
under  the  law  made  by  the  Legislature  of  a  State  in  relation  to              
co-operative societies; 

(g) “State Act” means any law made by the Legislature of a State;  

(h)  “State  level  co-operative  society”  means  a  co-operative  society 
having its area of operation extending to the whole of a State and defined 
as such in any law made by the Legislature of a State. 

243ZI. **Incorporation of co-operative societies.**—Subject  to  the 
provisions of this Part, the Legislature of a State may, by law, make provisions 
with  respect  to  the  incorporation,  regulation  and  winding  up  of  co-operative 
societies  based  on the  principles  of  voluntary  formation,  democratic 
member-control, member-economic participation and autonomous functioning. 

243ZJ. **Number  and  term  of  members  of  board  and  its  office 
bearers.**—(1)  The  board  shall  consist  of  such number  of  directors  as  may  be 
provided by the Legislature of a State, by law: 

Provided  that  the  maximum  number  of  directors  of  a  co-operative 
society shall not exceed twenty-one:  

Provided further that the Legislature of a State shall, by law, provide for 
the  reservation  of  one  seat  for  the  Scheduled  Castes  or  the  Scheduled  Tribes 
and two seats for women on board of every co-operative society consisting of 
individuals  as  members  and  having  members  from  such  class  of  category  of 
persons. 

(2) The term of office of elected members of the board and its office 
bearers  shall  be  five  years  from  the  date  of  election  and  the  term  of  office 
bearers shall be conterminous with the term of the board: 

Provided  that  the  board  may  fill  a  casual  vacancy  on  the  board  by 
nomination  out  of  the  same  class  of  members  in  respect  of  which  the  casual 
vacancy  has  arisen,  if  the  term  of  office  of  the  board  is  less  than  half  of  its 
original term. 

(3) The  Legislature  of  a  State  shall,  by  law,  make  provisions  for 
co-option of persons to be members of the board having experience in the field 
of banking, management, finance or specialisation in any other field relating to 
the objects and activities undertaken by the co-operative society, as members of 
the board of such society:  

Provided  that  the  number  of  such  co-opted  members  shall  not  exceed 
two  in  addition  to  twenty-one  directors  specified  in  the  first  proviso  to       
clause (1):  

Provided further that such co-opted members shall not have the right to 
vote  in  any  election  of  the  co-operative  society  in  their  capacity  as  such 
member or to be eligible to be elected as office bearers of the board: 

Provided also that the functional directors of a co-operative society shall 
also be the members of the board and such members shall be excluded for the 
purpose of counting the total number of directors specified in the first proviso 
to clause (1).

243ZK. **Election of members of board.**—(1) Notwithstanding anything 
contained in any law made by the Legislature of a State, the election of a board 
shall  be  conducted  before  the expiry  of  the term  of  the  board  so as  to  ensure 
that the newly elected members of the board assume office immediately on the 
expiry of the term of the office of members of the outgoing board. 

(2) The  superintendence,  direction  and  control  of  the  preparation  of 
electoral  rolls  for,  and  the  conduct  of,  all  elections  to  a  co-operative  society 
shall vest in such an authority or body, as may be provided by the Legislature 
of a State, by law: 

Provided  that  the  Legislature  of  a  State  may,  by  law,  provide  for  the 
procedure and guidelines for the conduct of such elections. 

243ZL. **Supersession  and  suspension  of  board  and interim management.**—
(1) Notwithstanding  anything  contained  in  any  law  for  the 
time being in force, no board shall be superseded or kept under suspension for a 
period exceeding six months:  

Provided that the board may be superseded or kept under suspension in a 
case— 

  (i) of its persistent default; or 

  (ii) of negligence in the performance of its duties; or  

  (iii) the board has committed any act prejudicial to the interests of 
the co-operative society or its members; or 

  (iv) there is stalemate in the constitution or functions of the board; 
or 

  (v) the authority or body as provided by the Legislature of a State, 
by law,  under  clause  (2)  of  article  243ZK,  has  failed  to  conduct 
elections in accordance with the provisions of the State Act: 

Provided further that the board of any such co-operative society shall not 
be  superseded  or  kept  under  suspension  where  there  is  no  Government 
shareholding  or  loan  or  financial  assistance  or  any  guarantee  by  the 
Government:  

Provided  also  that  in  case  of  a  co-operative  society  carrying  on  the 
business of banking, the provisions of the Banking Regulation Act, 1949 shall 
also apply:

Provided also that in case of a co-operative society, other than a 
multi-State  co-operative  society,  carrying  on  the  business  of  banking,  the 
provisions of this clause shall have the effect as if for the words “six months”, 
the words  “one year” had been substituted. 

(2) In  case  of  supersession  of  a  board,  the  administrator  appointed  to 
manage  the  affairs  of  such  co-operative  society  shall  arrange  for  conduct  of 
elections  within  the  period  specified  in  clause  (1)  and  handover  the 
management to the elected board. 

(3) The  Legislature  of  a  State  may,  by  law,  make  provisions  for  the 
conditions of service of the administrator. 

243ZM. **Audit  of  accounts  of  co-operative  societies.**—(1)  The 
Legislature  of  a  State  may,  by  law,  make  provisions  with  respect  to  the 
maintenance of accounts by the co-operative societies and the auditing of such 
accounts at least once in each financial year.

(2) The  Legislature  of  a  State  shall,  by  law,  lay  down  the  minimum 
qualifications  and  experience  of  auditors  and  auditing  firms  that  shall  be 
eligible for auditing accounts of the co-operative societies. 

(3) Every co-operative society shall cause to be audited by an auditor or 
auditing  firms  referred  to  in  clause  (2)  appointed  by  the  general  body  of  the   
co-operative society:  

Provided that such auditors  or auditing  firms shall be appointed from a 
panel approved by a State Government or an authority authorised by the State 
Government in this behalf.

(4) The  accounts  of  every  co-operative  society  shall  be  audited  within 
six months of the close of the financial year to which such accounts relate. 

(5) The audit report  of the accounts of  an  apex  co-operative society, as 
may be defined by the State Act, shall be laid before the State Legislature in the 
manner, as may be provided by the State Legislature, by law.

243ZN. **Convening  of  general  body  meetings.**—The  Legislature  of  a 
State  may,  by  law,  make  provisions  that  the  annual  general  body  meeting  of 
every co-operative society shall be convened within a period of six months of 
close of the financial year to transact the business as may be provided in such 
law.

243ZO. **Right  of a  member to  get information.**—(1) The  Legislature 
of a State may, by law, provide for access to every  member of a co-operative 
society to the books, information and accounts of the co-operative society kept 
in regular transaction of its business with such member.

(2) The  Legislature  of  a  State  may,  by  law,  make  provisions  to  ensure 
the  participation  of  members  in  the  management  of  the  co-operative  society 
providing  minimum  requirement  of  attending  meetings  by  the  members  and 
utilising the minimum level of services as may be provided in such law. 

(3) The  Legislature  of  a  State  may,  by  law,  provide  for  co-operative 
education and training for its members. 

243ZP. **Returns.**—Every  co-operative  society  shall  file  returns,  within 
six  months of the close of every  financial  year, to the authority designated by 
the State Government including the following matters, namely:— 

  (a) annual report of its activities; 

  (b) its audited statement of accounts;  

  (c) plan for surplus disposal as approved by the general body of the 
co-operative society;  

  (d) list of amendments to the bye-laws of the co-operative society, if 
any;  

  (e) declaration regarding date of holding of its general body meeting 
and conduct of elections when due; and 

  (f) any  other  information  required  by  the  Registrar  in  pursuance  of 
any of the provisions of the State  Act. 

243ZQ. **Offences and penalties.**—(1)  The  Legislature  of  a  State  may, 
by law, make provisions for the  offences relating to the co-operative societies 
and penalties for such offences.

(2) A law made by the Legislature of a State under clause  (1)  shall 
include the commission of the following act or omission as offences, namely:— 

  (a)  a  co-operative  society  or  an  officer  or  member  thereof  wilfully 
makes  a  false  return  or  furnishes  false  information,  or  any  person 
wilfully  not  furnishes  any  information  required  from  him  by  a  person 
authorised in this behalf under the provisions of the State Act;

  (b) any  person  wilfully  or  without  any  reasonable  excuse  disobeys 
any  summons,  requisition  or  lawful  written  order  issued  under  the 
provisions of the State Act;  

  (c) any employer who, without sufficient cause, fails to pay to a 
co-operative society amount deducted by him from its employee within a 
period of fourteen days from the date on which such deduction is made;  

  (d) any officer or custodian who wilfully fails to handover custody of 
books,  accounts,  documents,  records,  cash,  security  and  other  property 
belonging  to  a  co-operative  society  of  which  he  is  an  officer  or 
custodian, to an authorised person; and 

  (e) whoever,  before,  during  or  after  the  election  of  members  of  the 
board or office bearers, adopts any corrupt practice. 

243ZR. **Application to multi-State co-operative societies.**—The 
provisions  of  this  Part  shall  apply  to  the  multi-State  co-operative  societies 
subject to the modification that any reference to “Legislature of a State”, “State 
Act” or “State Government” shall be construed as a reference to “Parliament”, 
“Central Act” or “the Central Government” respectively.

243ZS. **Application to Union territories.**—The provisions of  this Part 
shall  apply  to  the  Union  territories  and  shall,  in  their  application  to  a  Union 
territory, having no Legislative Assembly as if the references to the Legislature 
of a State were a reference to the administrator thereof appointed under article 
239 and, in relation to a Union territory having a Legislative Assembly, to that 
Legislative Assembly: 

Provided that the President may, by notification in the Official Gazette, 
direct that the provisions of this Part shall not apply to any Union territory or 
part thereof as he may specify in the notification.

243ZT. **Continuance of existing laws.**—  Notwithstanding  anything  in 
this Part, any provision of any law relating to co-operative societies in force in 
a  State  immediately  before  the  commencement  of  the  Constitution  (Ninety-
seventh   Amendment)  Act, 2011, which  is inconsistent with the provisions of 
this Part, shall continue to be in force until amended or repealed by a competent 
Legislature  or  other  competent  authority  or  until  the  expiration  of  one  year 
from such commencement, whichever is less.

##PART X 

###THE SCHEDULED  AND TRIBAL  AREAS  

244. **Administration of Scheduled Areas and Tribal Areas.**—(1) The 
provisions of the Fifth Schedule shall apply to the administration and control of 
the Scheduled Areas and Scheduled Tribes in any State other  than the 
States of Assam, Meghalaya, Tripura and Mizoram. 

(2)  The  provisions  of the  Sixth  Schedule  shall  apply to the 
administration of the tribal areas in the  States  of  Assam, Meghalaya, 
Tripura and Mizoram.

244A. **Formation of an autonomous State comprising certain tribal 
areas in Assam and creation of local Legislature or Council of Ministers or 
both therefor.**—(1) Notwithstanding anything in this Constitution, Parliament 
may, by law, form within the State of Assam an autonomous State comprising 
(whether wholly or in part) all or any of the tribal areas specified in Part I of 
the table appended to paragraph 20 of the Sixth Schedule and create therefor— 

(a) a body, whether elected or partly nominated and partly 
elected, to function as a Legislature for the autonomous State, or 

(b) a Council of Ministers, 

or both with such constitution, powers and  functions, in each case, as may be 
specified in the law. 

(2) Any such law as is referred to in clause (1) may, in particular,—

  (a) specify  the  matters  enumerated  in  the  State  List  or  the 
Concurrent List with respect to which the Legislature of the autonomous 
State shall have power to  make laws  for the whole or any part thereof, 
whether  to  the  exclusion  of  the  Legislature  of  the  State  of  Assam  or 
otherwise; 

  (b) define the matters with respect to which the executive power 
of the autonomous State shall extend; 

  (c) provide  that  any  tax  levied  by  the  State  of  Assam  shall  be 
assigned  to  the  autonomous  State  in  so  far  as  the  proceeds  thereof  are 
attributable to the autonomous State; 

  (d) provide  that  any  reference  to  a  State  in  any  article  of  this 
Constitution  shall  be  construed  as  including  a  reference  to  the 
autonomous State; and 

  (e) make  such  supplemental, incidental  and  consequential 
provisions as may be deemed necessary.

(3) An amendment  of  any  such  law  as  aforesaid  in  so  far  as  such 
amendment  relates  to  any  of  the  matters  specified  in  sub-clause  (a)  or           
sub-clause (b) of clause (2) shall have no effect unless the amendment is passed 
in each House of Parliament by not less than two-thirds of the members present 
and voting. 

(4) Any such law as is referred to in this article shall not be deemed to 
be  an  amendment  of  this  Constitution  for  the  purposes  of  article  368 
notwithstanding that it contains any provision which amends or has the effect 
of amending this Constitution.
 
##PART XI 

###RELATIONS BETWEEN THE UNION AND THE STATES 

###CHAPTER I.—LEGISLATIVE RELATIONS 

*Distribution of  Legislative Powers*

245. **Extent of laws made by Parliament  and  by  the Legislatures of 
States.**—(1)  Subject  to  the  provisions  of  this  Constitution,  Parliament  may 
make  laws  for  the  whole  or  any  part  of  the  territory  of  India,  and  the 
Legislature of a State may make laws for the whole or any part of the State.

(2)  No  law  made  by  Parliament  shall  be  deemed  to  be  invalid  on  the 
ground that it would have extra-territorial operation. 

246. **Subject-matter  of  laws  made  by  Parliament  and  by  the 
Legislatures of States.**—(1)  Notwithstanding  anything in clauses  (2) and (3), 
Parliament has exclusive power to make laws with respect to any of the matters 
enumerated in List I in the Seventh Schedule (in this Constitution referred to as 
the “Union List”).

(2) Notwithstanding anything in clause (3), Parliament, and, subject to 
clause (1),  the  Legislature  of  any  State also,  have  power  to  make  laws 
with  respect  to  any  of  the  matters  enumerated  in  List  III  in  the  Seventh 
Schedule (in this Constitution referred to as the “Concurrent List”). 

(3) Subject to clauses (1) and (2), the Legislature of any State has 
exclusive power to make laws for such State or any part thereof with respect to 
any  of  the  matters  enumerated  in  List  II  in  the  Seventh  Schedule  (in  this 
Constitution referred to as the “State List”).

(4)  Parliament  has  power  to  make  laws  with  respect  to  any  matter  for 
any part of the territory of India not included in a State notwithstanding that 
such matter is a matter enumerated in the State List.

246A. **Special provision with respect to goods and services tax.**—(1) 
Notwithstanding  anything  contained  in  articles  246  and  254,  Parliament,  and, 
subject  to  clause  (2),  the  Legislature  of  every  State,  have  power  to  make  laws 
with respect to goods and services tax imposed by the Union or by such State.

(2) Parliament has exclusive power to  make laws with respect to goods 
and services tax where the supply of goods, or of services, or both takes place 
in the course of inter-State trade or commerce. 

*Explanation.*—The  provisions  of  this  article,  shall,  in  respect  of  goods 
and services tax referred  to in clause (5) of article 279A, take effect from the 
date recommended by the Goods and Services Tax Council.

247. **Power of Parliament to provide for the establishment of certain 
additional courts.**—Notwithstanding anything in this Chapter, Parliament may 
by  law  provide  for  the  establishment  of  any  additional  courts  for  the  better 
administration of laws made by Parliament or of any existing laws with respect 
to a matter enumerated in the Union List.

248. **Residuary powers of legislation.**—(1) Subject  to  article  246A, 
Parliament]  has  exclusive  power  to  make  any  law  with  respect  to  any  matter 
not enumerated in the Concurrent List or State List. 

(2)  Such power shall include the power of  making any law imposing a 
tax not mentioned in either of those Lists. 

249. **Power  of  Parliament  to  legislate  with  respect  to  a  matter  in  the 
State  List  in  the  national  interest.**—(1)  Notwithstanding  anything  in  the 
foregoing  provisions  of  this  Chapter,  if  the  Council  of  States  has  declared  by 
resolution  supported  by  not  less  than  two-thirds  of  the  members  present  and 
voting  that  it  is  necessary  or  expedient  in  the  national  interest  that  Parliament 
should make laws with respect to goods and services tax provided under article 
246A  or any  matter  enumerated  in  the  State  List  specified  in  the  resolution,  it 
shall  be  lawful  for  Parliament  to  make  laws  for  the  whole  or  any  part  of  the 
territory of India with respect to that matter while the resolution remains in force. 

(2) A resolution passed under clause (1) shall remain in force for such 
period not exceeding one year as may be specified therein:  

Provided that, if and so often as a resolution approving the continuance 
in force of any such resolution is passed in the manner provided in clause (1), 
such resolution shall continue in force for a further period of one year from the 
date on which under this clause it would otherwise have ceased to be in force. 

(3) A law made by Parliament  which  Parliament  would  not  but  for  the 
passing of a resolution under clause (1) have been competent to make shall, to the 
extent of the incompetency, cease to have effect on the expiration of a period of 
six months after the resolution has ceased to be in force, except as respects things 
done or omitted to be done before the expiration of the said period.

250. **Power  of  Parliament  to  legislate with  respect  to  any  matter  in 
the  State  List  if  a  Proclamation  of  Emergency  is  in  operation.**—(1) 
Notwithstanding  anything in this  Chapter,  Parliament  shall,  while  a 
Proclamation  of  Emergency  is  in  operation,  have  power to  make  laws  for  the 
whole or any part of the territory of India with respect to goods and services 
tax provided under article 246A or any of the matters enumerated in the State 
List.

(2) A law made by Parliament which Parliament would not but for the 
issue of a Proclamation of Emergency have been competent to make shall, to the 
extent of the incompetency, cease to have effect on the expiration of a period of 
six months after the Proclamation has ceased to operate, except as respects things 
done or omitted to be done before the expiration of the said period.

251. **Inconsistency between laws made by Parliament under articles 
249  and  250  and  laws  made  by  the  Legislatures  of  States.**—Nothing  in 
articles  249  and  250  shall  restrict  the  power  of  the  Legislature  of  a  State  to 
make  any law  which under this  Constitution it  has  power to  make, but if any 
provision  of  a  law  made  by  the  Legislature  of  a  State  is  repugnant  to  any 
provision of a law made by Parliament which Parliament has under either of the 
said  articles  power  to  make,  the  law  made  by  Parliament,  whether  passed 
before or after the law made by the Legislature of the State, shall prevail, and 
the  law  made  by  the  Legislature  of  the  State  shall  to  the  extent  of  the 
repugnancy, but so long only as the law made by Parliament continues to have 
effect, be inoperative. 

252. **Power  of  Parliament  to  legislate  for  two  or  more  States  by 
consent  and  adoption  of  such  legislation  by  any  other  State.**—(1)  If  it 
appears to the Legislatures of two or more States to be desirable that any of the 
matters  with  respect  to  which  Parliament  has  no  power  to  make  laws  for  the 
States except as provided in  articles 249 and  250 should be regulated in such 
States by Parliament by law, and if resolutions to that effect are passed by all 
the Houses of the Legislatures of those States, it shall be lawful for Parliament 
to  pass  an  act  for  regulating  that  matter  accordingly,  and  any  Act  so  passed 
shall  apply  to  such  States  and  to  any  other  State  by  which  it  is  adopted 
afterwards by resolution passed in that behalf by the House or, where there are 
two Houses, by each of the Houses of the Legislature of that State.

(2) Any Act so passed by Parliament may be amended or repealed by an 
Act  of  Parliament  passed  or  adopted  in  like  manner  but  shall  not,  as  respects 
any  State  to  which  it  applies,  be  amended  or  repealed  by  an  Act  of  the 
Legislature of that State. 

253. **Legislation for giving effect to international agreements.**—
Notwithstanding  anything  in  the  foregoing  provisions  of  this  Chapter, 
Parliament has power to make any law for the whole or any part of the territory 
of India for implementing any treaty, agreement or convention with any other 
country  or  countries  or  any  decision  made  at  any  international  conference, 
association or other body.

254. **Inconsistency between laws made by Parliament and laws made 
by  the Legislatures of States.**—(1)  If  any  provision  of  a  law  made  by  the 
Legislature  of  a  State  is  repugnant  to  any  provision  of  a  law  made  by 
Parliament  which  Parliament  is  competent  to  enact,  or  to  any  provision of  an 
existing  law  with  respect  to  one  of  the  matters  enumerated  in  the  Concurrent 
List, then, subject to the provisions of clause (2), the law made by Parliament, 
whether passed before or after the law  made by the Legislature of such State, 
or, as the case may be, the existing law, shall prevail and the law made by the 
Legislature of the State shall, to the extent of the repugnancy, be void. 

(2) Where a law made by the Legislature of a State with respect to 
one  of  the  matters  enumerated  in  the  Concurrent  List  contains  any  provision 
repugnant to the provisions of an earlier law made by Parliament or an existing 
law with respect to that matter, then, the law so made by the Legislature of such 
State shall, if it has been reserved for the consideration of the President and has 
received his assent, prevail in that State: 

Provided  that  nothing  in  this  clause  shall  prevent  Parliament  from 
enacting at any time any law  with respect  to the same  matter including a law 
adding to, amending, varying or repealing the law so made by the Legislature 
of the State.

255. **Requirements as to recommendations and previous sanctions to 
be regarded as matters of procedure only.**—No Act of Parliament or of the 
Legislature of a State, and no provision in any such Act, shall be invalid 
by reason only that some recommendation or previous sanction required by this 
Constitution was not given, if assent to that Act was given—

(a) where the recommendation required was that of the Governor, 
either by the Governor or by the President; 

(b) where the recommendation required was that of the 
Rajpramukh, either by the Rajpramukh or by the President; 

(c) where the recommendation or previous sanction required was 
that of the President, by the President.

##CHAPTER II.—ADMINISTRATIVE RELATIONS 

*General*

256. **Obligation of States and the Union.**—The executive power of every 
State  shall  be  so  exercised  as  to  ensure  compliance  with  the  laws  made  by 
Parliament  and  any  existing  laws  which  apply  in  that  State,  and  the  executive 
power of the Union shall extend to the giving of such directions to a State as may 
appear to the Government of India to be necessary for that purpose. 

257. **Control of the Union over States in certain cases.**—(1)  The 
executive  power  of  every  State  shall  be  so  exercised  as  not  to  impede  or 
prejudice the exercise of  the executive power of  the Union, and the executive 
power of  the Union  shall  extend to the giving  of such directions to a State as 
may appear to the Government of India to be necessary for that purpose. 

(2) The executive power of the Union shall also extend to the giving of 
directions  to  a  State  as  to  the  construction  and  maintenance  of  means  of 
communication  declared  in  the  direction  to  be  of  national  or  military 
importance: 

Provided  that  nothing  in  this  clause  shall  be  taken  as  restricting  the 
power of Parliament to declare highways or waterways to be national highways 
or national waterways or the power of the Union with respect to the highways 
or waterways so declared or the power of the Union to construct and maintain 
means of communication as part of its functions with respect to naval, military 
and air force works. 

(3) The executive power of the Union shall also extend to the giving of 
directions  to  a  State  as  to  the  measures  to  be  taken  for  the  protection  of  the 
railways within the State. 

(4) Where in carrying out any direction given to a State under clause (2) 
as to the construction or maintenance of any means of communication or under 
clause (3) as to the measures to be taken for the protection of any railway, costs 
have been incurred in excess of  those which would have been incurred in the 
discharge of the normal duties of the State if such direction had not been given, 
there shall be paid by the Government of India to the State such sum as may be 
agreed,  or,  in  default  of  agreement,  as  may  be  determined  by  an  arbitrator 
appointed by the Chief Justice of India, in respect of the extra costs so incurred 
by the State.

257A. [*Assistance to States by deployment of armed forces or other 
forces  of the  Union.].—Omitted  by the  Constitution  (Forty-fourth 
Amendment) Act*, 1978, s. 33 (w.e.f. 20-6-1979).]

258. **Power of the Union to confer powers, etc., on States in certain 
cases.**—(1)  Notwithstanding  anything  in  this  Constitution,  the  President  may, 
with  the  consent of  the  Government  of  a  State,  entrust  either  conditionally  or 
unconditionally to that Government or to its officers functions in relation to any 
matter to which the executive power of the Union extends.

(2) A law made by Parliament which applies in any State may, 
notwithstanding that it relates to a matter with respect to which the Legislature 
of the State has  no power to make laws,  confer powers and impose duties, or 
authorise the conferring of powers and the imposition of duties, upon the State 
or officers and authorities thereof.

(3) Where by virtue of this article powers and duties have been conferred 
or imposed upon a State or officers or authorities thereof, there shall be paid by 
the Government of India to the State such sum as may be agreed, or, in default 
of  agreement,  as  may  be  determined  by  an  arbitrator  appointed  by  the  Chief 
Justice of India, in respect of any extra costs of administration incurred by the 
State in connection with the exercise of those powers and duties. 

258A. **Power  of  the  States  to  entrust  functions  to  the  Union.**—
Notwithstanding  anything  in  this  Constitution,  the  Governor  of  a  State  may, 
with  the  consent  of  the  Government  of  India,  entrust  either  conditionally  or 
unconditionally to that Government or to its officers functions in relation to any 
matter to which the executive power of the State extends.

[259. *Armed  Forces  in  States  in  Part  B  of  the  First  Schedule.].— 
Omitted  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.*
(w.e.f. 1-11-1956). 

260. **Jurisdiction  of  the  Union  in  relation  to  territories  outside 
India.**—The Government of India may by agreement with the Government of 
any  territory  not  being  part  of  the  territory  of  India  undertake  any  executive, 
legislative or judicial functions vested in the Government of such territory, but 
every such agreement shall be subject to, and governed by, any law relating to 
the exercise of foreign jurisdiction for the time being in force.

261. **Public acts, records and judicial proceedings.**—(1) Full faith and 
credit shall be given throughout the territory of India to public acts, records and 
judicial proceedings of the Union and of every State.

(2) The manner in which and the conditions under which the acts, 
records and proceedings referred to in clause (1) shall be proved and the effect 
thereof determined shall be as provided by law made by Parliament.

(3) Final judgments or orders delivered or passed by civil courts in any 
part of the territory of India shall be capable of execution anywhere within that 
territory according to law.

*Disputes relating to Waters*

262. **Adjudication of disputes relating to waters of inter-State rivers 
or river valleys.**—(1) Parliament  may  by  law  provide  for  the  adjudication  of 
any dispute or complaint with respect to the use, distribution or control of the 
waters of, or in, any inter-State river or river valley.

(2) Notwithstanding anything in this Constitution, Parliament may by 
law provide that  neither  the Supreme Court nor  any other court shall exercise 
jurisdiction  in  respect  of  any  such  dispute  or  complaint  as  is  referred  to  in 
clause (1). 

*Co-ordination between States*

263. **Provisions with respect to an inter-State Council.**—If at any time 
it  appears  to  the  President  that  the  public  interests  would  be  served  by  the 
establishment of a Council charged with the duty of— 

(a) inquiring into and advising upon disputes which may have 
arisen between States; 

(b) investigating and discussing subjects  in which  some or all of 
the States, or the Union and one or more of  the States, have a common 
interest; or 

(c)  making  recommendations  upon  any  such  subject  and,  in 
particular, recommendations for the better co-ordination of policy and 
action with respect to that subject,  

it shall be lawful for the President by order to establish such a Council, and to 
define  the nature of  the  duties  to  be performed  by it  and  its  organisation  and 
procedure.

 
##PART XII 

###FINANCE, PROPERTY, CONTRACTS AND SUITS 

CHAPTER I.—FINANCE 

*General*

264. **Interpretation.**—In  this  Part,  “Finance  Commission”  means  a 
Finance Commission constituted under article 280.

265. **Taxes not to be imposed save by authority of law.**—No tax shall 
be levied or collected except by authority of law.

266. **Consolidated  Funds  and  public  accounts  of  India  and  of  the 
States.**—(1) Subject  to  the  provisions  of  article  267  and  to  the  provisions  of 
this  Chapter  with  respect  to  the  assignment  of  the  whole  or  part  of  the  net 
proceeds  of  certain  taxes  and  duties  to  States,  all  revenues  received  by  the 
Government  of  India,  all  loans  raised  by  that  Government  by  the  issue  of 
treasury bills, loans  or  ways and  means advances  and all moneys received by 
that Government in repayment of loans shall form one consolidated fund to be 
entitled    “the  Consolidated  Fund  of  India”,  and  all  revenues  received  by  the 
Government  of  a  State,  all  loans  raised  by  that  Government  by  the  issue  of 
treasury bills, loans  or  ways and  means advances  and all moneys received by 
that Government in repayment of loans shall form one consolidated fund to be 
entitled “the Consolidated Fund of the State”.

(2) All other public moneys received by or on behalf of the Government 
of India or the Government of a State shall be credited to the public account of 
India or the public account of the State, as the case may be.

(3) No  moneys  out  of  the  Consolidated  Fund  of  India  or  the 
Consolidated Fund of a State  shall  be appropriated except in accordance with 
law and for the purposes and in the manner provided in this Constitution.

267. **Contingency Fund.**—(1)  Parliament  may  by  law  establish  a 
Contingency Fund in the nature of an imprest to be entitled “the Contingency 
Fund of India”  into which shall be paid from time to time such sums as may be 
determined by such law, and the said Fund shall be placed at the disposal of the 
President  to  enable  advances  to  be  made  by  him  out  of  such  Fund  for  the 
purposes  of  meeting  unforeseen  expenditure  pending  authorisation  of  such 
expenditure by Parliament by law under article 115 or article 116.

(2) The Legislature of a State may by law establish a Contingency Fund in 
the nature of an imprest to be entitled “the Contingency Fund of the State” into 
which shall be paid from time to time such sums as may be determined by such 
law, and the said Fund shall be placed at the disposal of the Governor 1*** of the 
State to enable advances to be made by him out of such Fund for the purposes of 
meeting unforeseen expenditure pending authorisation of such expenditure by the 
Legislature of the State by law under article 205 or article 206.  

*Distribution of Revenues between the Union and the States*

268. **Duties  levied  by  the  Union  but  collected  and  appropriated  by 
the States.**—(1) Such stamp duties as are mentioned in the Union List shall 
be levied by the Government of India but shall be collected— 

(a) in the case where such duties are leviable within any Union 
territory, by the Government of India, and 

(b) in other cases, by the States within which such duties are 
respectively leviable. 

(2) The proceeds in any financial year of any such duty leviable within 
any  State  shall  not  form  part  of  the  Consolidated  Fund  of  India,  but  shall  be 
assigned to that State.

268A. *[Service tax levied by Union and collected and appropriated by 
the  Union  and  the  States.].—Omitted  by  the  Constitution  (One  Hundred  and 
First Amendment) Act*, 2016, s. 7 (w.e.f. 16-9-2016).

269. **Taxes  levied  and  collected  by  the  Union  but  assigned  to  the 
States.**—(1) Taxes on the  sale  or  purchase  of  goods  and  taxes  on  the 
consignment of goods except as provided in article 269A shall be levied and 
collected by the Government of India but shall be assigned and shall be deemed 
to have been assigned to the States on or after the 1st day of April, 1996 in the 
manner provided in clause (2).

*Explanation.*—For the purposes of this clause,— 

	(a) the expression "taxes on the sale or purchase of  goods" shall 
mean taxes on sale  or purchase of goods other than newspapers, where 
such  sale  or  purchase  takes  place  in  the  course  of  inter-State  trade  or 
commerce;

	(b) the expression "taxes on the consignment of goods" shall mean 
taxes  on  the  consignment  of  goods  (whether  the  consignment  is  to  the 
person making it or to any other person), where such consignment takes 
place in the course of inter-State trade or commerce.

(2) The net proceeds in any financial year of any such tax, except in so 
far as those proceeds represent proceeds attributable to Union territories, shall 
not  form  part  of  the  Consolidated  Fund  of  India,  but  shall  be  assigned  to  the 
States  within  which  that  tax  is  leviable  in  that  year,  and  shall  be  distributed 
among those States in accordance with such principles of distribution as may be 
formulated by Parliament by law.

(3) Parliament may by law formulate principles for determining when a 
sale or purchase of, or consignment of goods takes  place  in  the  course  of 
inter-State trade or commerce.

269A. **Levy  and  collection  of  goods  and  services  tax  in  course  of 
inter-State trade or commerce.**—  (1)  Goods  and  services  tax  on  supplies  in 
the course of inter-State trade or commerce shall be levied and collected by the 
Government of India and such tax shall be apportioned between the Union and 
the  States  in  the  manner  as  may  be  provided  by  Parliament  by  law  on  the 
recommendations of the Goods and Services Tax Council.

*Explanation.*—For  the  purposes  of  this  clause,  supply  of  goods,  or  of 
services,  or  both  in  the  course  of  import  into  the  territory  of  India  shall  be 
deemed  to  be  supply  of  goods,  or  of  services,  or  both  in  the  course  of  inter-
State trade or commerce.

(2) The amount apportioned to a State under clause (1) shall not form 
part of the Consolidated Fund of India. 

(3) Where an  amount  collected  as  tax  levied  under clause  (1) has  been 
used for payment of the tax levied by a State under article 246A, such amount 
shall not form part of the Consolidated Fund of India.

(4) Where  an  amount  collected  as  tax  levied  by  a  State  under  article 
246A  has  been  used  for  payment  of  the  tax  levied  under  clause  (1),  such 
amount shall not form part of the Consolidated Fund of the State. 

(5) Parliament may, by law, formulate the principles for determining the 
place of supply, and when a supply of goods, or of services, or both takes place 
in the course of inter-State trade or commerce.

270. **Taxes  levied  and  distributed  between  the  Union  and  the 
States.**—(1) All taxes and duties referred to in the Union List, except the duties 
and taxes referred to in articles 268, 269 and 269A, respectively, surcharge 
on  taxes  and  duties  referred  to  in  article  271  and  any  cess  levied  for  specific 
purposes  under  any  law  made  by  Parliament  shall  be  levied  and  collected  by 
the  Government  of  India  and  shall  be  distributed  between  the  Union  and  the 
States in the manner provided in clause (2). 

(1A)  The tax collected  by the Union under  clause (1) of article 246A 
shall  also  be  distributed  between  the  Union  and  the  States  in  the  manner 
provided in clause (2). 

(1B)  The  tax  levied  and  collected  by  the  Union  under  clause  (2)  of 
article  246A  and  article  269A,  which  has  been  used  for  payment  of  the  tax 
levied  by  the  Union  under  clause  (1)  of  article  246A,  and  the  amount 
apportioned  to  the  Union  under  clause  (1)  of  article  269A,  shall  also  be 
distributed between the Union and the States in the manner provided in clause 
(2).

(2) Such percentage, as may be prescribed, of the net proceeds of any 
such tax or duty in any  financial  year  shall not form part of the  Consolidated 
Fund of India, but shall be assigned to the States within which that tax or duty 
is  leviable  in  that  year,  and  shall  be  distributed  among  those  States  in  such 
manner  and  from  such  time  as  may  be  prescribed  in  the  manner  provided  in 
clause (3).

(3) In this article, "prescribed" means, — 

(i) until a Finance Commission has been constituted, prescribed by 
the President by order, and 

(ii) after a Finance Commission has been constituted, prescribed by 
the President by order after considering the recommendations of the 
Finance Commission.

271. **Surcharge  on  certain  duties  and  taxes  for  purposes  of  the 
Union.**—Notwithstanding anything in articles 269 and 270, Parliament may at 
any time increase any of the duties or taxes referred to in those articles except 
the goods and services tax under article 246A, by a surcharge for purposes of 
the Union and the whole proceeds of any such surcharge shall form part of the 
Consolidated Fund of India.

[272. *Taxes  which  are  levied  and  collected  by  the  Union  and  may  be 
distributed  between  the  Union  and  the  States.].—Omitted  by  the  Constitution 
(Eightieth Amendment) Act*, 2000, s. 4. (w.e.f. 9-6-2000). 

273. **Grants in lieu of export duty on jute and jute products.**—
(1) There  shall  be  charged  on  the  Consolidated  Fund  of  India  in  each  year  as 
grants-in-aid of the revenues of the States of Assam, Bihar, Odisha and West 
Bengal, in lieu of assignment of any share of the net proceeds in each year of 
export  duty  on  jute  and  jute  products  to  those  States,  such  sums  as  may  be 
prescribed.

(2) The  sums  so  prescribed  shall  continue  to  be  charged  on  the 
Consolidated Fund of India so long as any export duty on jute or jute products 
continues to be levied by the Government of India or until the expiration of ten 
years from the commencement of this Constitution whichever is earlier.

(3) In this article, the expression “prescribed” has the same meaning as 
in article 270.

274. **Prior  recommendation  of  President  required  to  Bills  affecting 
taxation in which States are interested.**—(1)  No  Bill  or  amendment  which 
imposes or varies any tax or duty in which States are interested, or which varies 
the meaning of the expression “agricultural income” as defined for the purposes 
of the enactments relating to Indian income-tax, or which affects the principles 
on which under any of the foregoing provisions of this Chapter moneys are or 
may  be  distributable  to  States,  or  which  imposes  any  such  surcharge  for  the 
purposes  of  the  Union  as  is  mentioned  in  the  foregoing  provisions  of  this 
Chapter, shall be introduced or moved in either House of Parliament except on 
the recommendation of the President.

(2) In this article, the expression “tax or duty in which States are 
interested” means— 

(a) a tax or duty the whole or part of the net proceeds whereof are 
assigned to any State; or 

(b) a tax or duty by reference to the net proceeds whereof sums 
are for the time being payable out of the Consolidated Fund of India to 
any State.

275. **Grants from the Union to certain States.**—(1)  Such  sums  as 
Parliament may by law provide shall be charged on the Consolidated Fund of 
India in each year as grants-in-aid of the revenues of such States as Parliament 
may determine to be in need of assistance, and different sums may be fixed for 
different States: 

Provided that there shall be paid out of the Consolidated Fund of India as 
grants-in-aid of the revenues of a State such capital and recurring sums as may 
be  necessary  to  enable  that  State  to  meet  the  costs  of  such  schemes  of 
development  as  may  be  undertaken  by  the  State  with  the  approval  of  the 
Government of India for the purpose of promoting the welfare of the Scheduled 
Tribes in that State or raising the level of administration of the Scheduled Areas 
therein to that of the administration of the rest of the areas of that State: 

Provided further that there shall be paid out of the Consolidated Fund of 
India as grants-in-aid of the revenues of the State of Assam sums, capital and 
recurring, equivalent to— 

(a) the average excess of expenditure over the revenues during the 
two years immediately preceding the commencement of this Constitution 
in respect of the administration of the tribal areas specified in Part I of 
the table appended to paragraph 20 of the Sixth Schedule; and 

(b)  the  costs  of  such  schemes  of  development  as  may  be 
undertaken  by  that  State  with  the approval  of  the Government  of  India 
for the purpose of raising the level of administration of the said areas to 
that of the administration of the rest of the areas of that State. 

(1A) On and from the formation of the autonomous State under article 
244A,— 

(i)  any  sums  payable  under  clause  (a)  of  the  second  proviso  to 
clause  (1)  shall,  if  the  autonomous  State  comprises  all  the  tribal  areas 
referred  to  therein,  be  paid  to  the  autonomous  State,  and,  if  the 
autonomous  State  comprises  only  some  of  those  tribal  areas,  be 
apportioned between the State of Assam and the autonomous State as the 
President may, by order, specify; 

(ii)  there  shall  be  paid  out  of  the  Consolidated  Fund  of  India  as 
grants-in-aid of the revenues of the autonomous State sums, capital and 
recurring,  equivalent  to  the  costs  of  such  schemes  of  development  as 
may  be  undertaken  by  the  autonomous  State  with  the  approval  of  the 
Government  of  India for the purpose of raising the level of 
administration of that State to that of the administration of the rest of the 
State of Assam.

(2) Until provision  is  made  by  Parliament  under  clause  (1),  the  powers 
conferred on Parliament under that clause shall be exercisable by the President 
by order and any order made by the President under this clause shall have effect 
subject to any provision so made by Parliament: 

Provided that after a Finance Commission has been constituted no order 
shall  be  made  under  this  clause  by  the  President  except  after  considering  the 
recommendations of the Finance Commission. 

276. **Taxes on professions, trades, callings and employments.**—(1) 
Notwithstanding anything in article 246, no law of the Legislature of a State relating 
to taxes for the benefit of the State or of a municipality, district board, local board or 
other  local  authority  therein  in  respect  of  professions,  trades,  callings  or 
employments shall be invalid on the ground that it relates to a tax on income.

(2) The total amount payable in respect of any one person to the State or 
to  any  one  municipality,  district board,  local  board  or other local  authority  in 
the  State  by  way  of  taxes  on  professions,  trades,  callings  and  employments 
shall not exceed two thousand and five hundred rupees per annum. 

(3) The power of the Legislature of a State to make laws as aforesaid 
with respect to taxes on professions, trades, callings and employments shall not 
be construed as limiting in any way the power of Parliament to make laws with 
respect to taxes on income accruing from or arising out of professions, trades, 
callings and employments.

277. **Savings.**—Any  taxes,  duties,  cesses  or  fees  which,  immediately 
before the commencement  of  this  Constitution, were being lawfully levied by 
the Government of any State or by any municipality or other local authority or 
body  for  the  purposes  of  the  State,  municipality,  district  or  other  local  area 
may,  notwithstanding  that those taxes, duties,  cesses or  fees  are mentioned in 
the  Union  List,  continue  to  be  levied  and  to  be  applied  to  the  same  purposes 
until provision to the contrary is made by Parliament by law. 

278. [*Agreement with States in Part B of the First Schedule with regard 
to  certain financial  matters.].—Omitted  by the  Constitution  (Seventh 
Amendment) Act*, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).

279. **Calculation  of  “net  proceeds”,  etc.**—(1)  In  the  foregoing 
provisions of this Chapter, “net proceeds” means in relation to any tax or duty 
the proceeds thereof reduced by the cost of collection, and for the purposes of 
those provisions the net proceeds of any tax or duty, or of any part of any tax or 
duty,  in  or  attributable  to  any  area  shall  be  ascertained  and  certified  by  the 
Comptroller and Auditor-General of India, whose certificate shall be final.

(2) Subject  as  aforesaid,  and  to  any  other  express  provision  of  this 
Chapter,  a  law  made  by  Parliament  or  an  order  of  the  President  may,  in  any 
case  where  under  this  Part  the  proceeds  of  any  duty  or  tax  are,  or  may  be, 
assigned to any State, provide for the manner in which the proceeds are to be 
calculated,  for  the  time  from  or  at  which  and  the  manner  in  which  any 
payments are to be made, for the making of adjustments between one financial 
year and another, and for any other incidental or ancillary matters.

279A. **Goods and Services Tax Council.**—(1) The President shall, 
within  sixty  days  from  the  date  of  commencement  of  the  Constitution  (One 
Hundred and First Amendment) Act, 2016, by order, constitute a Council to be 
called the Goods and Services Tax Council. 

(2)  The  Goods  and Services Tax Council  shall consist of the following 
members, namely:— 

(a) the Union Finance Minister — Chairperson; 
(b) the  Union  Minister  of  State  in  charge  of  Revenue  or 
Finance — Member; 
(c) the  Minister  in  charge  of  Finance  or  Taxation  or  any  other 
Minister nominated by each State Government — Members. 

(3) The Members of the Goods and Services Tax Council referred to in 
sub-clause  (c)  of  clause  (2)  shall,  as  soon  as  may  be,  choose  one  amongst 
themselves to  be the Vice-Chairperson of the Council for such period as they 
may decide.

(4) The Goods and Services Tax Council shall make recommendations to 
the Union and the States on— 

(a)  the  taxes,  cesses  and  surcharges  levied  by  the  Union,  the 
States  and  the  local  bodies  which  may  be  subsumed  in  the  goods  and 
services tax; 

(b) the goods and services that may be subjected to, or exempted 
from, the goods and services tax; 

(c) model Goods and Services Tax Laws, principles of levy, 
apportionment  of  Goods  and  Services  Tax  levied  on  supplies  in  the 
course  of  inter-State  trade  or  commerce  under  article  269A  and  the 
principles that govern the place of supply; 

(d) the threshold limit of turnover below which goods and services 
may be exempted from goods and services tax; 

(e) the rates including floor rates with bands of goods and services 
tax ; 

(f) any  special  rate  or  rates  for  a  specified  period,  to  raise 
additional resources during any natural calamity or disaster; 

(g) special  provision  with  respect  to  the  States  of  Arunachal 
Pradesh,  Assam,  Jammu  and  Kashmir,  Manipur,  Meghalaya,  Mizoram, 
Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and 

(h) any other matter relating to the goods and services tax, as the 
Council may decide. 

(5) The Goods  and  Services  Tax  Council  shall  recommend  the  date  on 
which  the  goods  and  services  tax  be  levied  on  petroleum  crude,  high  speed 
diesel,  motor  spirit  (commonly  known  as  petrol),  natural  gas  and  aviation 
turbine fuel. 

(6) While discharging the functions conferred by this article, the Goods 
and  Services  Tax  Council  shall  be  guided  by  the  need  for  a  harmonised 
structure  of  goods  and  services  tax  and  for  the  development  of  a  harmonised 
national market for goods and services. 

(7) One-half of the total number of Members of the Goods and Services 
Tax Council shall constitute the quorum at its meetings. 

(8) The Goods and Services Tax Council shall determine the procedure 
in the performance of its functions. 

(9) Every decision of the Goods and Services Tax Council shall be taken 
at a meeting, by a majority of not less than three-fourths of the weighted votes 
of the members present and voting, in accordance with the following principles, 
namely:— 

	(a) the vote of the Central Government shall have a weightage of 
one-third of the total votes cast, and 

	(b) the votes of all the State Governments taken together shall 
have a weightage of two-thirds of the total votes cast,  

in that meeting. 

(10) No act or proceedings of the Goods and Services Tax Council shall 
be invalid merely by reason of— 

	(a) any  vacancy  in,  or  any  defect  in,  the  constitution  of  the 
Council; or 

	(b) any defect in the appointment of a person as a Member of the 
Council; or 

	(c) any procedural irregularity of the Council not affecting the 
merits of the case.

(11) The Goods and Services Tax Council shall establish a mechanism to 
adjudicate any dispute— 

(a) between the Government of India and one or more States; or 
(b) between the Government of India and any State or States on 
one side and one or more other States on the other side; or 
(c) between two or more States,  

arising out of the recommendations of the Council or implementation thereof.

280. **Finance Commission.**—(1) The President shall, within two years 
from the commencement of this Constitution and thereafter at the expiration of 
every fifth year or at such earlier time as the President considers necessary, by 
order constitute a Finance Commission which shall consist of a Chairman and 
four other members to be appointed by the President.

(2) Parliament  may  by  law  determine  the  qualifications  which  shall  be 
requisite  for  appointment  as  members  of  the  Commission  and  the  manner  in 
which they shall be selected.  

(3) It shall be the duty of the Commission to make recommendations to 
the President as to—    

	(a) the distribution between  the  Union  and  the  States  of  the  net 
proceeds  of  taxes  which  are  to  be,  or  may  be,  divided  between  them 
under this Chapter and the allocation between the States of the respective 
shares of such proceeds;  

	(b) the principles which should govern the grants-in-aid  of  the 
revenues of the States out of the Consolidated Fund of India; 

	(bb) the  measures  needed  to  augment  the  Consolidated  Fund  of  a 
State to supplement the resources of the Panchayats in the State on the basis 
of the recommendations made by the Finance Commission of the State;

	(c) the measures needed to augment the Consolidated Fund of a 
State  to  supplement  the  resources  of  the  Municipalities  in  the  State  on 
the  basis of  the  recommendations  made  by  the  Finance Commission  of 
the State;

	(d) any  other  matter  referred  to  the  Commission  by  the 
President in the interests of sound finance.

(4) The Commission shall determine their procedure and shall have such 
powers in the performance of their functions as Parliament may by law confer 
on them.

281. **Recommendations of the Finance Commission.**—The  President 
shall cause every recommendation made by the Finance Commission under the 
provisions of this Constitution together with an explanatory memorandum as to 
the action taken thereon to be laid before each House of Parliament.

*Miscellaneous Financial Provisions*

282. **Expenditure  defrayable  by  the  Union  or  a  State  out  of  its 
revenues.**—The Union or a State may make any grants for any public purpose, 
notwithstanding that the purpose is not one with respect to which Parliament or 
the Legislature of the State, as the case may be, may make laws. 

283. **Custody,  etc.,  of  Consolidated  Funds,  Contingency  Funds  and 
moneys  credited  to  the  public  accounts.**—(1)  The  custody  of the 
Consolidated Fund of India and the Contingency Fund of India, the payment of 
moneys  into such  Funds, the withdrawal of  moneys therefrom, the custody of 
public moneys other than those credited to such Funds received by or on behalf 
of the Government of India, their payment into the public account of India and 
the  withdrawal  of  moneys  from  such  account  and  all other  matters  connected 
with  or  ancillary  to  matters  aforesaid  shall  be  regulated  by  law  made  by 
Parliament, and, until provision in that behalf is so made, shall be regulated by 
rules made by the President.  

(2) The custody of the Consolidated Fund of a State and the 
Contingency  Fund  of  a  State,  the  payment  of  moneys  into  such  Funds,  the 
withdrawal  of  moneys  therefrom,  the  custody  of  public  moneys  other  than 
those credited to such Funds received by or on behalf of the Government of the 
State, their payment into the public account of the State and the withdrawal of 
moneys from such account and all other matters connected with or ancillary to 
matters  aforesaid  shall  be  regulated  by  law  made  by  the  Legislature  of  the 
State, and, until provision in that behalf is so made, shall be regulated by rules 
made by the Governor of the State. 

284. **Custody of suitors' deposits and other moneys received by 
public servants and courts.**—All moneys received by or deposited with— 

	(a)  any  officer  employed  in  connection  with  the  affairs  of  the 
Union  or  of  a  State  in  his  capacity  as  such,  other  than  revenues  or 
public  moneys  raised  or  received  by  the  Government  of  India  or  the 
Government of the State, as the case may be, or 

	(b)  any  court  within  the  territory  of  India  to  the  credit  of  any 
cause, matter, account or persons,

shall be paid into the public account of India or the public account of State, as 
the case may be. 

285. **Exemption  of  property  of  the  Union  from  State  taxation.**—(1) 
The  property  of  the  Union  shall,  save  in  so  far  as  Parliament  may  by  law 
otherwise  provide,  be  exempt  from  all  taxes  imposed  by  a  State  or  by  any 
authority within a State. 

(2) Nothing in clause (1) shall, until Parliament by law otherwise 
provides, prevent any authority within a State from  levying  any  tax  on  any 
property  of  the  Union  to  which  such  property  was  immediately  before  the 
commencement  of  this  Constitution  liable  or  treated  as  liable,  so  long  as  that 
tax continues to be levied in that State. 

286. **Restrictions  as  to  imposition  of  tax  on  the  sale  or  purchase  of 
goods.**—(1)  No law of a State shall impose, or authorise the imposition of, a 
tax on the supply of goods or of services or both, where such supply takes 
place— 

	(a) outside the State; or 
	(b) in the course of the import of the goods or services or both 
into, or export of the goods or services or both out of, the territory of 
India.

(2) Parliament may by law formulate principles for determining when a 
supply of goods or of services or both in any of the ways mentioned in 
clause (1).

287. **Exemption  from  taxes  on  electricity.**—Save  in  so  far  as 
Parliament  may  by  law otherwise  provide,  no  law  of  a  State  shall  impose,  or 
authorise  the  imposition  of,  a  tax  on  the  consumption  or  sale  of  electricity 
(whether produced by a Government or other persons) which is—

	(a) consumed  by  the  Government  of  India,  or  sold  to  the 
Government of India for consumption by that Government; or 

	(b) consumed in the construction, maintenance or operation of any 
railway by the Government of India or a railway company operating that 
railway,  or  sold  to  that  Government  or  any  such  railway  company  for 
consumption  in  the  construction,  maintenance  or  operation  of  any 
railway, 

and any such law imposing, or authorising the imposition of, a tax on the sale 
of electricity shall secure that the price of electricity sold to the Government of 
India for consumption by that Government, or to any such railway company as 
aforesaid for consumption in the construction, maintenance or operation of any 
railway, shall be less by the amount of the tax than the price charged to other 
consumers of a substantial quantity of  electricity.

288. **Exemption  from  taxation  by  States  in  respect  of  water  or 
electricity in certain cases.**—(1) Save in so far as the President may by order 
otherwise  provide,  no  law  of  a  State  in  force  immediately  before  the 
commencement  of  this  Constitution  shall  impose,  or  authorise  the  imposition 
of,  a  tax  in  respect  of  any  water  or  electricity  stored,  generated,  consumed, 
distributed or sold by any authority established by any existing law or any law 
made  by  Parliament  for  regulating  or  developing  any  inter-State  river  or     
river-valley.

*Explanation.*—The  expression  “law  of  a  State  in  force”  in  this  clause 
shall include a law of a State passed or made before the commencement of this 
Constitution and not previously repealed,  notwithstanding that it or parts of it 
may not be then in operation either at all or in particular areas.

(2) The  Legislature  of  a  State  may  by  law  impose,  or  authorise  the 
imposition of, any such tax as is mentioned in clause (1), but no such law shall 
have any effect unless it has, after having been reserved for the consideration of 
the President, received his assent; and if any such law provides for the fixation 
of  the  rates  and  other incidents of  such  tax  by  means  of  rules  or  orders to be 
made  under  the  law  by  any  authority,  the  law  shall  provide  for  the  previous 
consent of the President being obtained to the making of any such rule or order.

289. **Exemption  of  property  and  income  of  a  State  from  Union 
taxation.**—(1)  The property and income of a State shall be exempt from Union 
taxation.

(2) Nothing  in  clause  (1)  shall  prevent  the  Union  from  imposing,  or 
authorising the imposition of, any tax to such extent, if any, as Parliament may 
by law provide in respect of a trade or business of any kind carried on by, or on 
behalf of, the Government of a State, or any operations connected therewith, or 
any property used or occupied for the purposes of such trade or business, or any 
income accruing or arising in connection therewith.

(3) Nothing in clause (2) shall apply to any trade or business, or to any 
class of trade or business, which Parliament may by law declare to be incidental 
to the ordinary functions of Government. 

290. **Adjustment  in  respect  of  certain  expenses  and  pensions.**—
Where  under  the  provisions  of  this  Constitution  the  expenses  of  any  court  or 
Commission, or the pension payable to or in respect of a person who has served 
before  the  commencement  of  this  Constitution  under  the  Crown  in  India  or 
after  such  commencement  in  connection  with  the affairs  of  the  Union  or  of  a 
State, are charged on the Consolidated Fund of India or the Consolidated Fund 
of a State, then, if— 

	(a) in the case of a charge on the Consolidated Fund of India, the 
court or Commission serves any of the separate needs of a State, or the 
person  has  served  wholly  or  in  part  in  connection  with  the  affairs  of  a 
State; or 

	(b) in the case of a charge on the Consolidated Fund of a State, the 
court or   Commission serves any of the separate  needs of the Union or 
another State, or the person has served  wholly or  in part in connection 
with the affairs of the Union or another State, 

there shall be charged on and paid  out of the Consolidated Fund of the State or, 
as the case may be, the Consolidated Fund of India or the Consolidated Fund of 
the other State, such contribution in respect of the expenses or pension as may 
be agreed, or as may in default of agreement be determined by an arbitrator to 
be appointed by the Chief Justice of India.

290A. **Annual payment to certain Devaswom Funds.**—A sum of 
forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, 
the  Consolidated  Fund  of  the  State  of  Kerala  every  year  to  the  Travancore 
Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be 
charged  on,  and  paid  out  of,  the  Consolidated  Fund  of  the  State  of Tamil 
Nadu every  year  to  the  Devaswom  Fund  established  in  that  State  for  the 
maintenance of Hindu temples and shrines in the territories transferred to that 
State on the 1st day of November, 1956, from the State of Travancore-Cochin.

291. *[Privy  purse  sums  of  Rulers.].—Omitted  by  the  Constitution 
(Twenty-sixth Amendment) Act, 1971, s. 2 (w.e.f. 28-12-1971)*.

###CHAPTER II.—BORROWING 

292. **Borrowing by the Government of India.**—The  executive  power 
of the Union extends to borrowing upon the security of the Consolidated Fund 
of  India  within  such  limits,  if  any,  as  may  from  time  to  time  be  fixed  by 
Parliament by law and to the giving of guarantees within such limits, if any, as 
may be so fixed.

293. **Borrowing by States.**—(1)  Subject to the provisions  of this  article, 
the executive power of a State extends to borrowing within the territory of India 
upon the security of the Consolidated Fund of the State within such limits, if any, 
as may from time to time be fixed by the Legislature of such State by law and to  
the giving of guarantees within such limits, if any, as may be so fixed. 

(2) The Government of India may, subject to such conditions as may be 
laid down by or under any law made by Parliament, make loans to any State or, 
so long as any limits fixed under article 292 are not exceeded, give guarantees 
in respect of loans raised by any State, and any sums required for the purpose 
of making such loans shall be charged on the Consolidated Fund of India. 

(3) A State may not without the consent of the Government of India raise 
any loan if there is still outstanding any part of a loan which has been made to 
the State by the Government of India or by its predecessor Government, or in 
respect of which a guarantee  has been given by the Government of India or by 
its predecessor Government. 

(4) A  consent  under  clause  (3)  may  be  granted  subject  to  such 
conditions, if any, as the Government of India may think fit to impose. 

##CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,  

###OBLIGATIONS AND SUITS 

294. **Succession to property, assets, rights, liabilities and obligations 
in certain cases.**—As from the commencement of this Constitution— 

	(a) all property and  assets  which  immediately  before  such 
commencement  were  vested  in  His  Majesty  for  the  purposes  of  the 
Government of the Dominion of India and all property and assets which 
immediately before such commencement were vested in His Majesty for 
the purposes of the Government of each Governor’s Province shall vest 
respectively in the Union and the corresponding State, and 

	(b) all rights, liabilities and obligations of the Government of the 
Dominion of India and of the Government of each Governor's Province, 
whether  arising  out  of  any  contract  or  otherwise,  shall  be  the  rights, 
liabilities  and  obligations  respectively  of  the  Government  of  India  and 
the Government of each corresponding State, 

subject to any adjustment made or to be made by reason of the creation before 
the commencement of this Constitution of the Dominion of Pakistan or of the 
Provinces of West Bengal, East Bengal, West Punjab and East Punjab. 

295. **Succession to property, assets, rights, liabilities and obligations 
in other cases.**—(1) As from the commencement of this Constitution— 

	(a) all property and assets which immediately before such 
commencement were vested in any Indian State corresponding to a State 
specified  in  Part  B of  the  First  Schedule  shall  vest  in  the Union, if  the 
purposes  for  which  such  property  and  assets  were  held  immediately 
before  such  commencement  will  thereafter  be  purposes  of  the  Union 
relating to any of the matters enumerated in the Union List, and 

	(b) all rights, liabilities and obligations of the Government of any 
Indian State corresponding to a State specified in Part B of the First 
Schedule,  whether  arising  out  of  any  contract  or  otherwise,  shall  be  the 
rights, liabilities and obligations of the Government of India, if the purposes 
for which such rights were acquired or liabilities or obligations were incurred 
before such commencement will thereafter be purposes of the Government 
of India relating to any of the matters enumerated in the Union List, 

subject to any agreement entered into in that behalf by the Government of India 
with the Government of that State. 

(2) Subject as aforesaid, the Government of each State specified in Part B 
of the First Schedule shall, as from the commencement of this Constitution, be the 
successor  of  the  Government  of  the  corresponding  Indian  State  as  regards  all 
property and assets and all rights, liabilities and obligations, whether arising out 
of any contract or otherwise, other than those referred to in clause (1). 

296. **Property accruing by escheat or lapse or as bona vacantia.**—
Subject  as  hereinafter  provided,  any  property  in  the  territory  of  India  which,  if 
this Constitution had not come into operation, would have accrued to His Majesty 
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as 
*bona vacantia* for  want  of  a  rightful  owner,  shall,  if  it  is  property  situate  in  a 
State, vest in such State, and shall, in any other case, vest in the Union: 

Provided  that  any  property  which  at  the  date  when  it  would  have  so 
accrued to His Majesty or to the Ruler of an Indian State was in the possession 
or under the control of the Government of India or the Government of a State 
shall,  according  as  the  purposes  for  which  it  was  then  used  or  held  were 
purposes of the Union or of a State, vest in the Union or in that State. 

*Explanation.*—In this article, the expressions “Ruler” and “Indian State” 
have the same meanings as in article 363. 

297. **Things  of  value  within  territorial  waters  or  continental  shelf 
and resources of the exclusive economic zone to vest in the Union.**—(1) All 
lands,  minerals  and  other  things  of  value  underlying  the  ocean  within  the 
territorial  waters,  or  the  continental  shelf,  or  the exclusive  economic  zone,  of 
India shall vest in the Union and be held for the purposes of the Union. 

(2) All other resources of the exclusive economic zone of India shall also 
vest in the Union and be held for the purposes of the Union. 

(3) The limits of the territorial waters, the continental shelf, the exclusive 
economic  zone,  and  other  maritime  zones,  of  India  shall  be  such  as  may  be 
specified, from time to time, by or under any law made by Parliament.

298. **Power to carry on trade, etc.**—The  executive  power  of  the 
Union and of each State shall extend to the carrying on of any trade or business 
and  to  the  acquisition,  holding  and  disposal  of  property  and  the  making  of 
contracts for any purpose: 

Provided that— 

(a) the said executive power of the Union shall, in so far as such 
trade  or  business  or  such  purpose  is  not  one  with  respect  to  which 
Parliament may make laws, be subject in each State to legislation by the 
State; and 

(b) the said executive power of each State shall, in so far as such 
trade  or  business  or  such  purpose  is  not  one  with  respect  to  which  the 
State  Legislature  may  make  laws,  be  subject  to  legislation  by 
Parliament.

299. **Contracts.**—(1) All contracts made in the exercise of the executive 
power  of  the  Union  or  of  a  State  shall  be  expressed  to  be  made  by  the 
President, or by the Governor of the State, as the case may be, and all such 
contracts and all assurances of property made in the exercise of that power shall 
be executed  on  behalf of the President or  the  Governor by  such  persons 
and in such manner as he may direct or authorise. 

(2) Neither the President nor the Governor shall be personally liable 
in  respect  of  any  contract  or  assurance  made  or  executed  for  the  purposes  of 
this  Constitution,  or  for  the  purposes  of  any  enactment  relating  to  the 
Government  of  India  heretofore  in  force,  nor  shall  any  person  making  or 
executing  any  such  contract  or  assurance  on  behalf  of  any  of  them  be 
personally liable in respect thereof. 

300. **Suits and proceedings.**—(1) The Government of India may sue or 
be sued by the name of the Union of India and the Government of a State may 
sue  or  be  sued  by  the  name  of  the  State  and  may,  subject  to  any  provisions 
which  may  be  made by  Act  of  Parliament  or  of  the Legislature of  such  State 
enacted  by  virtue  of  powers  conferred  by  this  Constitution,  sue  or  be sued  in 
relation to their respective affairs in the like cases as the Dominion of India and 
the  corresponding  Provinces  or  the  corresponding  Indian  States  might  have 
sued or been sued if this Constitution had not been enacted.

(2) If at the commencement of this Constitution—  

	(a) any legal  proceedings  are pending to which the  Dominion of 
India is a party, the Union of India shall be deemed to be substituted for 
the Dominion in those proceedings; and 

	(b) any legal proceedings  are pending to  which a Province or an 
Indian  State  is  a  party,  the  corresponding  State  shall  be  deemed  to  be 
substituted for the Province or the Indian State in those proceedings.  

###CHAPTER IV.—RIGHT TO PROPERTY 

300A. **Persons not to be deprived of property save by authority of  
law.**— No person shall be deprived of his property save by authority of law.

 
##PART XIII 

###TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA 

301. **Freedom of trade, commerce and intercourse.**—Subject  to  the 
other provisions of this Part,   trade, commerce  and intercourse throughout  the 
territory of India shall be free.

302. **Power of Parliament to impose  restrictions on trade, commerce 
and  intercourse.**—Parliament  may    by  law  impose  such  restrictions  on  the 
freedom  of  trade,  commerce  or  intercourse  between  one  State  and  another  or 
within  any  part  of  the  territory  of  India    as  may  be  required  in  the  public 
interest.

303. **Restrictions  on  the  legislative  powers  of  the  Union  and  of  the 
States with regard to trade and commerce.**—(1) Notwithstanding anything 
in article 302, neither Parliament nor the Legislature of a State shall have power 
to  make  any  law  giving,  or  authorising  the  giving  of,  any  preference  to  one 
State over another, or making, or authorising the making of, any discrimination  
between  one  State  and  another,  by  virtue  of  any  entry  relating  to  trade    and 
commerce in any of the Lists in the Seventh Schedule. 

(2) Nothing in clause (1) shall prevent Parliament from making any law 
giving, or authorising  the giving of, any preference or making, or authorising 
the  making  of,  any  discrimination  if  it  is  declared  by  such  law  that  it  is 
necessary  to  do  so  for  the  purpose  of  dealing  with  a  situation  arising  from 
scarcity of goods in any part of the territory of India.

304. **Restrictions  on    trade,  commerce  and  intercourse    among 
States.**—Notwithstanding anything in article 301 or article 303, the 
Legislature of a State may by law— 

	(a) impose  on  goods  imported  from  other  States or the  Union 
territories any tax to which similar goods manufactured or produced in 
that State are subject, so, however, as not to discriminate between goods 
so imported and goods so manufactured or produced; and 

	(b) impose  such  reasonable  restrictions  on  the  freedom  of  trade, 
commerce or intercourse with or within that State as may be required in 
the public interest: 

Provided that no Bill or amendment for the purposes of clause (b) shall 
be  introduced  or  moved  in  the  Legislature  of  a  State  without  the  previous 
sanction of the President. 

305. **Saving  of  existing  laws  and  laws  providing  for  State 
monopolies.**—Nothing  in articles  301 and 303   shall  affect  the  provisions of 
any  existing  law  except  in  so  far    as  the  President  may  by  order  otherwise 
direct;  and  nothing  in  article  301  shall  affect  the  operation    of  any  law  made 
before the commencement of the Constitution (Fourth Amendment) Act, 1955, 
in so far as it  relates to, or prevent Parliament or the Legislature of a State from 
making any law relating to, any such matter as is referred to in sub-clause (ii) 
of clause (6) of article 19.

306. [*Power  of   certain  States  in  Part B  of  the  First  Schedule to 
impose  restrictions  on  trade  and  commerce.].—Omitted by the Constitution 
(Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f.1-11-1956).*

307. **Appointment  of  authority  for  carrying  out  the  purposes  of 
articles 301 to 304.**—Parliament  may  by  law  appoint  such    authority  as  it 
considers  appropriate  for  carrying  out  the  purposes    of  articles  301,  302, 303 
and 304, and confer on the  authority so appointed such powers and such duties 
as it thinks necessary. 

##PART XIV 

###SERVICES UNDER THE UNION AND THE STATES 

###CHAPTER I.— SERVICES 

308. **Interpretation.**—In this Part, unless the context otherwise requires, 
the expression “State” does not include the State of Jammu and Kashmir.

309. **Recruitment  and  conditions  of  service  of  persons  serving  the 
Union or a State.**—Subject to the provisions of this Constitution, Acts of the 
appropriate Legislature may regulate the recruitment, and conditions of service 
of persons appointed, to public services and posts in connection with the affairs  
of the Union or of any State: 

Provided that it shall be competent for the President or such person as he 
may direct in the case of services and posts in connection with the affairs of the 
Union, and for the Governor of a State or such person as he may direct in 
the  case  of  services  and  posts  in  connection  with  the  affairs  of  the    State,  to 
make  rules regulating the recruitment, and the conditions of service  of persons 
appointed, to such services and posts until provision in that behalf is made by 
or under an Act of the appropriate Legislature under this article, and any rules 
so made shall have effect subject to the provisions of any such Act. 

310. **Tenure of office of persons serving the Union or a State.**—(1) 
Except  as  expressly  provided  by  this  Constitution,    every  person  who  is  a 
member  of  a    defence  service  or  of    a  civil  service  of  the  Union  or  of  an      
all-India  service  or  holds  any  post  connected  with  defence  or  any  civil  post 
under the Union  holds office  during  the  pleasure  of  the President,  and    every  
person  who  is    a  member  of  a  civil  service  of  a State  or  holds  any  civil  post 
under  a  State  holds  office    during    the  pleasure  of  the  Governor of  the 
State. 

(2) Notwithstanding that a person holding a civil post under the Union or 
a State holds office during the pleasure of the President or, as the case may be, 
of the Governor of the State, any contract under which a person, not being 
a member of a defence service or of an all-India service or of a civil service of 
the  Union  or  a State,  is  appointed  under this  Constitution  to  hold  such  a post 
may,  if  the  President  or  the  Governor,  as  the  case  may  be,  deems  it 
necessary  in  order  to  secure  the  services  of  a  person  having  special 
qualifications, provide  for the payment to him of  compensation, if before the 
expiration  of  an  agreed  period  that  post  is  abolished  or  he  is,  for  reasons  not 
connected with any misconduct on  his part, required to vacate that post. 

311. **Dismissal, removal or reduction in rank of persons employed in 
civil capacities under the Union or a State.**—(1) No person who is a member 
of  a  civil  service  of  the    Union  or  an  all-India  service  or  a  civil  service  of  a  
State  or  holds  a  civil  post  under    the  Union  or  a  State  shall  be  dismissed  or 
removed by an authority subordinate to that by which he was appointed.  

(2)  No  such  person    as  aforesaid  shall  be  dismissed  or  removed  or 
reduced in rank except  after  an inquiry  in  which he has been informed of the 
charges  against  him  and  given  a  reasonable    opportunity  of  being  heard  in 
respect of those charges:

Provided that where it is proposed after such inquiry, to impose upon 
him  any  such  penalty,  such  penalty  may  be  imposed  on  the  basis  of  the 
evidence adduced during such inquiry and it shall not be necessary to give such 
person any opportunity of making  representation on  the penalty proposed: 

Provided further that this clause shall not apply—

	(a) where a person is dismissed or removed or reduced in rank on 
the  ground  of  conduct  which  has  led  to  his  conviction  on  a  criminal 
charge; or 

	(b) where the authority empowered to dismiss or remove a person 
or to reduce him in rank is satisfied that for some reason, to be recorded 
by that authority in writing, it is not  reasonably practicable to hold such 
inquiry; or 

	(c) where  the  President  or  the  Governor,  as  the  case  may  be,  is 
satisfied that in the interest of the security of the State it is not expedient 
to hold such inquiry. 

(3) If, in respect of any such person as aforesaid, a question arises 
whether it is reasonably practicable to hold such inquiry as  is  referred  to  in 
clause (2),  the  decision  thereon  of  the  authority  empowered  to  dismiss  or 
remove such person  or to reduce him in rank shall be final.

312. **All-India services.**—(1) Notwithstanding anything in Chapter VI 
of Part VI or Part XI, if the Council of States  has  declared  by  resolution 
supported by not less than two-thirds of the members present and voting that it 
is  necessary or expedient in the national interest  so to do, Parliament  may by 
law provide for the creation of one  or more all India services (including  an 
all-India judicial service) common to the Union and the States, and, subject to 
the  other  provisions  of  this  Chapter,  regulate  the  recruitment,  and  the 
conditions of service of persons appointed, to any such service. 

(2) The services known at the commencement of this Constitution as the 
Indian Administrative Service and the Indian Police Service shall be deemed to 
be services created by Parliament under this article. 

(3) The all-India judicial service referred to in clause (1) shall not 
include any post inferior to that of a district judge as defined in article 236.

(4) The law providing for  the  creation  of  the  all-India  judicial  service 
aforesaid  may  contain  such  provisions  for  the  amendment  of  Chapter  VI  of  
Part VI as may be necessary for giving effect to the provisions of that law and 
no such  law shall be deemed  to be an amendment of this Constitution for the 
purposes of article 368.

312A. **Power of Parliament to vary or revoke conditions of service 
of officers of certain services.**—(1) Parliament may by law— 

(a)  vary  or  revoke,  whether  prospectively  or  retrospectively,  the 
conditions  of  services  as  respects  remuneration,  leave  and  pension  and 
the  rights  as  respects  disciplinary  matters  of  persons  who,  having  been 
appointed by the Secretary of State or Secretary of State in Council to a 
civil  service  of  the  Crown  in  India  before  the  commencement    of  this 
Constitution,  continue  on  and  after the  commencement  of the 
Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the 
Government of India or of  a State in any service or post;

(b) vary or revoke, whether prospectively  or  retrospectively,  the 
conditions of service as respects  pension of  persons  who, having been 
appointed by the Secretary of State or Secretary of State in Council to a 
civil  service  of  the  Crown  in  India  before  the  commencement  of  this 
Constitution,  retired  or  otherwise  ceased  to  be  in  service  at  any  time 
before the  commencement  of the  Constitution (Twenty-eighth 
Amendment) Act, 1972: 

Provided that in the case of  any such person who is holding or has held 
the office  of the Chief Justice or  other Judge of the Supreme Court or a High 
Court,  the  Comptroller  and  Auditor-General  of  India,  the  Chairman  or  other 
member  of  the  Union  or  a  State  Public  Service  Commission  or  the  Chief 
Election  Commissioner,  nothing  in  sub-clause  (a)  or  sub-clause  (b)  shall  be 
construed  as  empowering  Parliament  to  vary  or  revoke,  after  his  appointment  
to such post, the conditions of his service to his disadvantage except in so far as 
such  conditions  of  service  are  applicable  to  him  by  reason  of  his  being    a 
person appointed by the Secretary of State or Secretary of State  in Council to a 
civil service of the Crown in India. 

(2)  Except  to  the  extent  provided  for  by  Parliament  by  law  under  this 
article, nothing in this article shall affect the power of  any Legislature or other 
authority  under  any  other    provision  of  this  Constitution  to  regulate  the 
conditions  of service of persons referred to in clause (1). 

(3) Neither the Supreme Court nor any other court shall have jurisdiction in— 

	(a) any dispute arising out of any provision of, or any 
endorsement  on,  any  covenant,  agreement  or  other  similar  instrument 
which  was  entered  into  or  executed  by  any  person  referred  to  in     
clause (1), or arising out of any letter issued to such person, in relation to 
his  appointment  to  any  civil  service  of  the  Crown  in  India  or  his 
continuance in service under the Government of the Dominion  of India 
or a Province thereof; 

(b) any dispute in respect of any right, liability or obligation 
under article 314 as originally enacted. 

(4) The  provisions  of  this  article  shall  have  effect  notwithstanding 
anything in article 314 as  originally  enacted or in any other provision  of this 
Constitution.

313. **Transitional provisions.**—Until  other  provision  is  made  in  this 
behalf  under  this  Constitution,  all  the  laws  in  force  immediately  before  the 
commencement of this Constitution and applicable to any public service or any 
post which continues to exist after the commencement of this Constitution, as 
an  all-India  service  or  as  service  or  post  under  the  Union  or  a  State  shall 
continue in force so far as consistent with the provisions of this Constitution.

314. [Provision  for  protection  of  existing  officers  of  certain  services.].— 
Omitted  by  the  Constitution  (Twenty-eighth  Amendment)  Act,  1972,  s.  3             
(w.e.f. 29-8-1972).

###CHAPTER II.— PUBLIC SERVICE COMMISSIONS 

315. **Public Service Commissions for the Union and for the States.**—
(1)  Subject  to  the  provisions  of  this  article,  there  shall  be  a  Public  Service 
Commission for the Union and a Public Service Commission for each State. 

(2) Two or more States may agree that there shall be one Public Service 
Commission for that group of States, and if a resolution to that effect is passed 
by the House or, where there are two Houses, by each House of the Legislature 
of each of those States, Parliament may by law provide for the appointment of a 
Joint  State  Public  Service  Commission  (referred  to  in  this  Chapter  as  Joint 
Commission) to  serve the needs of those States. 

(3)  Any  such  law  as  aforesaid  may  contain  such  incidental  and 
consequential provisions as  may be necessary or desirable for giving effect to 
the purposes of the law. 

(4) The Public Service Commission for the Union, if requested so to do 
by the Governor of a State, may, with the approval of the President, agree 
to serve all or any of the needs  of the State.

(5) References  in  this  Constitution  to  the  Union  Public  Service 
Commission  or  a  State  Public  Service  Commission  shall,  unless  the  context 
otherwise requires, be construed as references to the Commission  serving the 
needs of the Union or, as the case may be, the State as respects the  particular 
matter  in question. 

316. **Appointment and term of office of members.**—(1) The Chairman 
and other members of  a Public Service Commission shall be appointed, in the 
case of the  Union Commission or a Joint Commission, by the President, and in 
the case of a State  Commission, by the Governor of the State: 

Provided  that  as  nearly  as  may  be  one-half  of  the  members  of  every 
Public Service Commission shall be persons who at the dates of their respective 
appointments  have  held  office  for  at  least  ten    years  either  under    the 
Government of India or under the Government of a State, and in computing the 
said  period  of  ten  years  any  period  before  the  commencement  of  this 
Constitution during which a person has held office  under the Crown in India or 
under the Government of an  Indian State shall be included. 

(1A) If the office of the Chairman of the Commission becomes vacant 
or if any such Chairman is by reason of absence or for any other reason unable 
to perform the duties of his office, those duties shall, until some person 
appointed under clause (1) to the vacant office has entered on the duties thereof 
or, as the case may be, until the Chairman has resumed his duties, be performed 
by such one  of the other members of the Commission  as  the President, in the 
case of the Union Commission or a Joint Commission,  and the Governor of the 
State in the case of a State Commission, may appoint  for the purpose.

(2) A  member  of  a  Public  Service  Commission  shall  hold  office  for  a 
term of six years  from the date on which he enters upon his office or until he 
attains, in the case of the Union Commission, the age of sixty-five years, and in 
the case of a State Commission or a Joint Commission, the age of sixty-two 
years, whichever is earlier: 
Provided that— 

(a) a member of a Public Service Commission may, by writing  under 
his  hand    addressed,  in  the  case  of  the  Union  Commission    or  a  Joint 
Commission, to the President, and in the case of a State Commission, to 
the Governor of the State, resign his office; 

(b) a member of a Public Service Commission may be removed from 
his    office  in  the  manner  provided  in    clause  (1)  or  clause  (3)  of          
article  317.

(3) A  person  who  holds  office  as  a  member  of  a  Public  Service 
Commission  shall,  on  the  expiration  of  his  term  of  office,  be  ineligible  for    
re-appointment to that office. 

317. **Removal  and  suspension  of  a  member  of  a  Public  Service 
Commission.**—(1)  Subject  to  the  provisions  of  clause  (3),  the  Chairman    or 
any other member of a Public Service Commission shall  only be removed from 
his  office  by  order  of  the  President  on  the  ground  of  misbehaviour  after  the 
Supreme Court, on reference being made to it by the President, has, on inquiry 
held  in  accordance  with  the  procedure  prescribed  in  that  behalf  under        
article 145, reported that the Chairman or such other member, as the case may  
be, ought  on any such ground to be removed.

(2) The President, in the case of the Union Commission or a Joint 
Commission, and the Governor in the case  of a State Commission, may 
suspend from office the Chairman  or any other member of the Commission in  
respect  of  whom  a  reference    has  been  made  to  the  Supreme  Court  under   
clause (1) until the President has passed orders on receipt  of the report of the 
Supreme Court on such reference.

(3) Notwithstanding  anything  in clause  (1), the President  may  by  order 
remove  from  office  the  Chairman  or  any  other  member  of  a  Public  Service 
Commission if the Chairman or  such other member, as the case may be,— 

	(a) is adjudged an insolvent; or 
	(b) engages during his term of office in any paid employment outside 
the duties of his office; or 
	(c) is,  in  the opinion of  the  President, unfit  to  continue  in  office  by 
reason of infirmity of mind or body. 

(4)  If  the  Chairman  or  any  other  member  of    a  Public  Service 
Commission is or becomes in any way concerned or interested in any contract 
or  agreement  made  by  or  on  behalf  of  the  Government  of  India  or  the  
Government of a State or participates in any way in the profit thereof or in any 
benefit  or  emolument  arising  therefrom  otherwise  than  as  a  member  and  in 
common with  the other members of an incorporated company, he shall, for the 
purposes of clause (1), be deemed to be guilty of misbehaviour. 

318. **Power  to  make  regulations  as  to  conditions  of  service  of 
members and staff of the Commission.**—In  the  case  of  the  Union 
Commission  or  a  Joint  Commission,  the  President  and,  in  the  case  of  a  State 
Commission, the Governor of the  State may by regulations— 

(a) determine the number of members of the Commission and their 
conditions of service; and 

(b) make  provision  with  respect  to  the  number  of  members  of  the 
staff of the Commission and their conditions of service: 

Provided that the conditions of service of a member of a Public Service 
Commission shall not be varied to his disadvantage after his appointment. 

319. **Prohibition  as  to  the  holding  of  offices  by  members  of 
Commission on ceasing to be such members.**—On ceasing to hold office— 

(a)  the  Chairman  of  the  Union  Public  Service  Commission  shall  be 
ineligible for further employment either under the Government of India 
or under the Government of a State; 

(b)  the  Chairman  of  a  State  Public  Service  Commission  shall  be 
eligible  for  appointment  as  the  Chairman  or  any  other  member  of  the 
Union Public Service Commission or as the Chairman of any other State 
Public  Service  Commission,  but  not  for  any  other  employment  either 
under the Government of India or under the Government of a State; 

(c) a member  other  than  the  Chairman  of  the  Union  Public  Service 
Commission  shall  be  eligible  for  appointment  as  the  Chairman  of  the 
Union Public Service Commission or as the Chairman of a State Public 
Service Commission, but not for any other employment either under the 
Government of India or under the Government of a State; 

(d) a member other than the Chairman of a State Public Service 
Commission  shall  be  eligible  for  appointment  as  the  Chairman  or  any 
other  member  of  the  Union  Public  Service  Commission  or  as  the 
Chairman of that or any other State Public Service Commission, but not 
for any other employment either under the Government of India or under 
the Government of a State.

320. **Functions of Public Service Commissions.**—(1)  It  shall  be  the 
duty  of  the  Union  and  the  State  Public  Service  Commissions  to  conduct 
examinations for appointments to the services of the Union and the services of 
the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if 
requested by any two or more States so to do, to assist those States in framing 
and  operating  schemes  of  joint  recruitment  for  any  services  for  which 
candidates possessing special qualifications are required. 

(3)  The  Union  Public  Service  Commission  or  the  State  Public  Service 
Commission, as the case may be, shall be consulted— 

	(a) on all matters relating to methods of recruitment to civil 
services and for civil posts; 

	(b)  on  the  principles  to  be  followed  in  making  appointments  to 
civil services and posts and in making promotions and transfers from one 
service  to  another  and  on  the  suitability  of  candidates  for  such 
appointments, promotions or transfers; 

	(c) on all disciplinary matters affecting a person serving under the 
Government  of  India  or  the  Government  of  a  State  in  a  civil  capacity, 
including memorials or petitions relating to such matters; 

	(d)  on   any  claim by  or in respect of  a person  who is serving or 
has served under the Government of India or the Government of a State 
or under the Crown in India or under the Government of an Indian State, 
in  a  civil  capacity,  that  any  costs  incurred  by  him  in  defending  legal 
proceedings instituted against him in respect of acts done or purporting 
to  be  done  in  the  execution  of  his  duty  should  be  paid  out  of  the 
Consolidated  Fund  of  India,  or,  as  the  case  may  be,  out  of  the 
Consolidated Fund of the State; 

	(e) on any claim for the award of a pension in respect of injuries 
sustained  by  a  person  while  serving  under  the  Government  of  India  or 
the  Government  of  a  State  or  under  the  Crown  in  India  or  under  the 
Government of an Indian State, in a civil capacity, and any question as to 
the amount of any such award, 

and it shall be the duty of a Public Service Commission to advise on any matter 
so referred to them and on any other matter which the President, or, as the case 
may be, the Governor of the State, may refer to them: 

Provided that the President as respects the all-India services and also as 
respects  other  services  and  posts  in  connection  with  the  affairs  of  the  Union, 
and the Governor, as respects other services and posts in connection with 
the  affairs  of  a  State,  may  make  regulations  specifying  the  matters  in  which 
either  generally,  or  in  any  particular  class  of  case  or  in  any  particular 
circumstances, it shall not be necessary for a Public Service Commission to be 
consulted. 

(4)  Nothing  in  clause (3)  shall  require  a Public Service Commission to 
be consulted as respects the manner in which any provision referred to in clause 
(4) of article 16 may be made or as respects the manner in which effect may be 
given to the provisions of article 335.

(5) All regulations made under the proviso to clause (3) by the President 
or  the  Governor of  a  State  shall  be  laid  for  not  less  than  fourteen  days 
before each House of Parliament or the House or each House of the Legislature 
of the State, as  the case  may  be, as  soon  as possible after they are  made, and 
shall be subject to such modifications, whether by way of repeal or amendment, 
as both Houses of Parliament or the House or both Houses of the Legislature of 
the State may make during the session in which they are so laid. 

321. **Power to extend functions of Public Service Commissions.**—An 
Act made by Parliament or, as the case may be, the Legislature of a State may 
provide  for  the  exercise  of  additional  functions  by  the  Union  Public  Service 
Commission or the State Public Service Commission as respects the services of 
the Union or the State and also as respects the services of any local authority or 
other body corporate constituted by law or of any public institution. 

322. **Expenses of Public Service Commissions.**—The  expenses  of  the 
Union  or  a  State  Public  Service  Commission,  including  any  salaries, 
allowances and pensions payable to or in respect of the members or staff of the 
Commission, shall be charged on the Consolidated Fund of India or, as the case 
may be, the Consolidated Fund of the State.

323. **Reports of Public Service Commissions.**—(1) It shall be the duty 
of the Union Commission to present annually to the President a report as to the 
work done by the Commission and on receipt of such report the President shall 
cause a copy thereof together with  a memorandum explaining, as respects the 
cases,  if  any,  where  the  advice  of  the  Commission  was  not  accepted,  the 
reasons for such non-acceptance to be laid before each House of Parliament. 

(2) It shall be the duty of a State Commission to present annually to the 
Governor of  the  State  a report  as  to  the  work  done  by  the  Commission, 
and  it  shall  be  the  duty  of  a  Joint  Commission  to  present  annually  to  the 
Governor of each of the States the needs of which are served by the Joint 
Commission a report as to the work done by the Commission in relation to that 
State,  and  in  either  case  the  Governor,  shall,  on  receipt  of  such  report, 
cause a copy thereof together with  a memorandum explaining, as respects the 
cases,  if  any,  where  the  advice  of  the  Commission  was  not  accepted,  the 
reasons for such non-acceptance to be laid before the Legislature of the State. 

##PART  XIVA 

###TRIBUNALS 

323A. **Administrative tribunals.**—(1) Parliament may, by law, provide 
for  the  adjudication  or  trial  by  administrative  tribunals  of  disputes  and 
complaints  with  respect  to  recruitment  and  conditions  of  service  of  persons 
appointed  to  public  services  and  posts  in  connection  with  the  affairs  of  the 
Union or of any State or of any local or other authority within the territory of 
India  or  under  the  control  of  the  Government  of  India  or  of  any  corporation 
owned or controlled by the Government. 

(2) A law made under clause (1) may— 

	(a) provide for the establishment of an administrative tribunal for the 
Union and a separate administrative tribunal for each State or for two or 
more States; 

	(b) specify the jurisdiction, powers (including the power to punish for 
contempt)  and  authority  which  may  be  exercised  by  each  of  the  said 
tribunals; 

	(c) provide for the procedure (including  provisions  as  to  limitation 
and rules of evidence) to be followed by the said tribunals; 

	(d) exclude the jurisdiction of all courts, except the jurisdiction of the 
Supreme  Court  under  article  136,  with  respect  to  the  disputes  or 
complaints referred to in clause (1); 

	(e) provide for the transfer to each such administrative tribunal of any 
cases pending before any court or other authority immediately before the 
establishment of such tribunal as would have been within the jurisdiction 
of  such  tribunal  if  the  causes  of  action  on  which  such  suits  or 
proceedings are based had arisen after such establishment; 

	(f) repeal or amend any order made by the President under clause (3) 
of article 371D; 

	(g)  contain  such  supplemental, incidental  and  consequential 
provisions  (including  provisions  as  to  fees)  as  Parliament  may  deem 
necessary for the effective functioning of, and for the speedy disposal of 
cases by, and the enforcement of the orders of, such tribunals. 

(3) The  provisions  of  this  article  shall  have  effect  notwithstanding 
anything in any other provision of this Constitution or in any other law for the 
time being in force. 

323B. **Tribunals for other matters.**—(1)  The  appropriate  Legislature 
may, by law, provide for the adjudication or trial by tribunals of any disputes, 
complaints,  or  offences  with  respect  to  all  or  any  of  the  matters  specified  in 
clause (2) with respect to which such Legislature has power to make laws.

(2) The matters referred to in clause (1) are the following, namely:— 

	(a) levy, assessment, collection and enforcement of any tax; 

	(b) foreign exchange, import and export across customs frontiers; 

	(c) industrial and labour disputes; 

	(d)  land  reforms by  way of  acquisition by the State of any estate as 
defined in  article 31A  or of any rights  therein or the extinguishment or 
modification of any such rights or by way of ceiling on agricultural land 
or in any other way; 

	(e) ceiling on urban property; 

	(f) elections  to  either  House  of  Parliament  or  the  House  or  either 
House of the Legislature of a State, but excluding the matters referred to 
in article 329 and article 329A; 

	(g) production,  procurement,  supply  and  distribution  of  food-stuffs 
(including edible oilseeds and oils) and such other goods as the President 
may, by public notification, declare to be essential goods for the purpose 
of this article and control of prices of such goods; 

	(h) rent, its regulation and control and tenancy issues including the 
right, title and interest of landlords and tenants;

	(i) offences  against  laws  with  respect  to  any  of  the  matters 
specified in sub-clauses (a) to (h) and fees in respect of any of those 
matters; 

	(j) any matter incidental to any of the matters specified in 
sub-clauses (a) to (i).

(3) A law made under clause (1) may— 

	(a) provide for the establishment of a hierarchy of tribunals; 

	(b) specify the jurisdiction, powers (including the power to punish for 
contempt)  and  authority  which  may  be  exercised  by  each  of  the  said 
tribunals; 

	(c) provide  for  the  procedure  (including  provisions  as  to  limitation 
and rules of evidence) to be followed by the said tribunals; 

	(d) exclude the jurisdiction of all courts, except the jurisdiction of the 
Supreme Court under article 136, with respect to all or any of the matters 
falling within the jurisdiction of the said tribunals; 

	(e) provide for the transfer to each such tribunal of any cases pending 
before  any  court  or  any  other  authority  immediately  before  the 
establishment of such tribunal as would have been within the jurisdiction 
of  such  tribunal  if  the  causes  of  action  on  which  such  suits  or 
proceedings are based had arisen after such establishment; 

(f)  contain  such  supplemental, incidental  and  consequential 
provisions  (including  provisions  as to  fees)  as the  appropriate 
Legislature may deem necessary for the effective functioning of, and for  
the  speedy  disposal  of  cases  by,  and  the  enforcement  of  the  orders  of, 
such tribunals. 

(4)  The  provisions  of  this  article  shall  have  effect  notwithstanding 
anything in any other provision of this Constitution or in any other law for the 
time being in force. 

*Explanation.*—In this article, “appropriate Legislature”, in relation to any 
matter, means Parliament or, as the case may be, a State Legislature competent 
to make laws with respect to such matter in accordance with the provisions of 
Part XI.
 
##PART XV 

###ELECTIONS 

324. **Superintendence, direction and control of elections to be vested 
in an Election Commission.**—(1) The superintendence, direction and control 
of the preparation of the electoral rolls for, and the conduct of, all elections to 
Parliament and to the Legislature of every State and of elections to the offices 
of  President  and  Vice-President  held  under  this  Constitution shall be 
vested  in  a  Commission  (referred  to  in  this  Constitution  as  the  Election 
Commission).

(2) The Election Commission shall consist of the Chief Election 
Commissioner and such number of other Election Commissioners, if any, as the 
President  may  from  time  to  time  fix  and  the  appointment  of  the  Chief  Election 
Commissioner and other Election Commissioners shall, subject to the provisions 
of any law made in that behalf by Parliament, be made by the President.

(3) When any other Election Commissioner is so appointed the Chief 
Election Commissioner shall act as the Chairman of the Election Commission. 

(4) Before  each  general  election  to  the  House  of  the  People  and  to  the 
Legislative  Assembly  of  each  State,  and  before  the  first  general  election  and 
thereafter before each biennial election to the Legislative Council of each State 
having such Council, the President may also appoint after consultation with the 
Election  Commission  such  Regional  Commissioners  as  he  may  consider 
necessary  to  assist  the  Election  Commission  in  the  performance  of  the 
functions conferred on the Commission by clause (1).

(5) Subject to the provisions of any law made by Parliament, the conditions 
of service and tenure of office of the Election Commissioners and the Regional 
Commissioners shall be such as the President may by rule determine: 

Provided  that  the  Chief  Election  Commissioner  shall  not  be  removed 
from his office except in like manner and on the like grounds as a Judge of the 
Supreme  Court  and  the  conditions  of  service  of  the  Chief  Election 
Commissioner shall not be varied to his disadvantage after his appointment: 

Provided  further  that  any  other  Election  Commissioner  or  a  Regional 
Commissioner shall not be removed from office except on the recommendation 
of the Chief Election Commissioner. 

(6) The President, or the Governor of a State, shall, when so 
requested  by  the  Election  Commission,  make  available  to  the  Election 
Commission or to a Regional Commissioner such staff as may be necessary for 
the  discharge  of  the  functions  conferred  on  the  Election  Commission  by    
clause (1).

325. **No  person  to  be  ineligible  for  inclusion  in,  or  to  claim  to  be 
included  in  a  special,  electoral  roll  on  grounds  of  religion,  race,  caste  or 
sex.**—There shall be one general electoral roll for every territorial constituency 
for election to either House of Parliament or to the House or either House of the 
Legislature of a State and no person shall be ineligible for inclusion in any such 
roll  or  claim  to  be  included  in  any  special  electoral  roll  for  any  such 
constituency on grounds only of religion, race, caste, sex or any of them.

326. **Elections  to  the  House  of  the  People  and  to  the  Legislative 
Assemblies of States to be on the basis of adult suffrage.**—The elections to 
the House of the People and to the Legislative Assembly of every State shall be 
on the basis of  adult suffrage; that  is to  say, every person  who is a  citizen of 
India and who is not less than eighteen years of age on such date as may be 
fixed  in  that  behalf  by  or  under  any  law  made  by  the  appropriate  Legislature 
and  is  not  otherwise  disqualified  under  this  Constitution  or  any  law  made  by 
the  appropriate  Legislature  on  the  ground  of  non-residence,  unsoundness  of 
mind, crime or corrupt or illegal practice, shall be entitled to be registered as a 
voter at any such election.

327. **Power of Parliament to make provision with respect to elections 
to  Legislatures.**—Subject  to  the  provisions  of  this  Constitution,  Parliament 
may  from  time  to  time  by  law  make  provision  with  respect  to  all  matters 
relating to, or in connection with, elections to either House of Parliament or to 
the  House  or  either  House  of  the  Legislature  of  a  State  including  the 
preparation  of  electoral  rolls,  the  delimitation  of  constituencies  and  all  other 
matters necessary for securing  the due constitution of such House or Houses.

328. **Power of Legislature of a State to make provision with respect 
to  elections  to  such  Legislature.**—Subject to  the  provisions  of  this 
Constitution and in so far as provision in that behalf is not made by Parliament, 
the Legislature of  a State  may from time to  time by law  make provision with 
respect  to  all  matters  relating  to,  or  in    connection  with,  the  elections  to  the 
House or either House of the Legislature of the State including the preparation 
of  electoral  rolls  and  all  other  matters  necessary  for  securing  the  due 
constitution of such House or Houses.

329. **Bar to interference  by  courts in  electoral  matters.**—
Notwithstanding anything in this Constitution—

(a) the  validity  of  any  law  relating  to  the  delimitation  of 
constituencies  or  the allotment  of  seats  to  such  constituencies,  made  or 
purporting to be made under article 327 or article 328, shall not be called 
in question in any court; 

(b)  no  election  to  either  House  of  Parliament  or  to  the House  or 
either  House  of  the  Legislature  of  a  State  shall  be  called  in  question 
except  by  an  election  petition  presented  to  such  authority  and  in  such 
manner  as  may  be  provided  for  by  or  under  any  law  made  by  the 
appropriate Legislature. 

329A. [*Special  provision  as  to  elections  to  Parliament  in  the  case  of 
Prime  Minister  and  Speaker.].—Omitted  by  the  Constitution  (Forty-fourth 
Amendment) Act, 1978, s.* 36 (w.e.f. 20-6-1979). 
 
##PART  XVI 

###SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES 

330. **Reservation of seats for Scheduled Castes and Scheduled Tribes 
in the House of the People.**—(1) Seats shall be reserved in  the House of  the 
People for — 

	(a) the Scheduled Castes; 

	(b) the Scheduled Tribes except the Scheduled Tribes in the 
autonomous districts of Assam; and

	(c) the Scheduled Tribes in the autonomous districts of Assam. 

(2) The number of seats reserved in  any  State or Union territory for 
the  Scheduled  Castes  or  the  Scheduled  Tribes  under  clause  (1)  shall  bear,  as 
nearly  as  may be,  the same proportion to  the total number of seats allotted to 
that State or Union territory in the House of the People as the population of 
the  Scheduled  Castes  in  the  State or Union territory or  of  the  Scheduled 
Tribes  in  the  State or Union territory or  part  of  the State or Union 
territory, as the case may be, in respect of which seats are so reserved, bears to 
the total population of the State or Union territory.

(3) Notwithstanding  anything  contained  in  clause  (2),  the  number  of 
seats  reserved  in  the  House  of  the  People  for  the  Scheduled  Tribes  in  the 
autonomous districts of Assam shall bear to the total number of seats allotted to 
that State a proportion not less than the population of the Scheduled Tribes in 
the said autonomous districts bears to the total population of the State.

Explanation.—In  this  article  and  in  article  332,  the  expression 
“population” means the population  as ascertained at the last preceding census 
of which the relevant figures have been published: 

Provided  that  the  reference  in  this  Explanation  to  the  last  preceding 
census  of  which  the  relevant  figures  have  been  published  shall,  until  the 
relevant  figures  for  the  first  census  taken  after  the  year 2026 have  been 
published, be construed as a reference to the 2001 census.

331. **Representation of the Anglo-Indian Community in the House of 
the People.**—Notwithstanding anything in article 81, the President may, if he is 
of  opinion  that  the  Anglo-Indian  community  is  not  adequately  represented  in 
the  House  of  the  People,  nominate  not  more  than  two  members  of  that 
community to the House of the People. 

332. **Reservation of seats for Scheduled Castes and Scheduled Tribes 
in the Legislative  Assemblies of the States.**—(1)  Seats  shall be reserved  for 
the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes 
in  the  autonomous  districts  of  Assam, in the Legislative Assembly of every 
State. 

(2) Seats shall be reserved  also  for  the  autonomous  districts  in  the 
Legislative Assembly of the State of Assam.   

(3) The number of seats reserved  for  the  Scheduled  Castes  or  the 
Scheduled  Tribes  in  the  Legislative  Assembly  of  any  State  under  clause  (1) 
shall bear, as nearly as may be, the same proportion to the total number of seats 
in the Assembly as the population of the Scheduled Castes in the State or of the 
Scheduled Tribes in the State or part of the State, as the case may be, in respect 
of which seats are so reserved, bears to the total population of the State.

(3A) Notwithstanding anything contained in clause (3), until the taking 
effect,  under  article  170, of  the  re-adjustment,  on  the  basis of  the  first  census 
after the year 2026, of the number of seats in the Legislative Assemblies of 
the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats 
which shall be reserved for  the Scheduled  Tribes  in the Legislative Assembly 
of any such State shall be,— 

(a)  if  all  the  seats  in  the  Legislative  Assembly  of  such  State  in 
existence  on  the  date  of  coming  into  force  of  the  Constitution  (Fifty-
seventh  Amendment)  Act,  1987  (hereafter  in  this  clause  referred  to  as 
the existing Assembly) are held by members of the Scheduled Tribes, all 
the seats except one; 

(b)  in  any  other  case,  such  number  of  seats  as  bears  to  the  total 
number  of  seats,  a  proportion  not  less  than  the  number  (as  on  the  said 
date)  of  members  belonging  to  the  Scheduled  Tribes  in  the  existing 
Assembly bears to the total number of seats in the existing Assembly.

(3B) Notwithstanding anything contained in clause (3), until the 
re-adjustment,  under  article  170,  takes  effect  on  the  basis  of  the  first  census 
after the year 2026, of the number of seats in the Legislative Assembly of the 
State of Tripura, the seats which shall be reserved for the Scheduled Tribes in 
the  Legislative  Assembly  shall  be,  such  number  of  seats  as  bears  to  the  total 
number  of  seats,  a  proportion    not  less  than  the  number,  as  on  the  date  of 
coming into force of the Constitution (Seventy-second Amendment) Act, 1992, 
of members belonging to the Scheduled Tribes in the Legislative Assembly in 
existence on the said date bears to the total number of seats in that Assembly.

(4) The  number  of  seats  reserved  for  an  autonomous  district  in  the 
Legislative  Assembly  of  the  State  of  Assam  shall  bear  to  the total  number  of 
seats in that Assembly a proportion not less than the population of the district 
bears to the total population of the State.

(5) The constituencies for the seats reserved for any autonomous district 
of Assam shall not comprise any area outside that district.

(6) No person who is not a member of a Scheduled Tribe of any 
autonomous district of  the State  of  Assam shall be  eligible  for election to the 
Legislative Assembly of the State from any constituency of that district: 

Provided that for elections to the Legislative Assembly of the State of 
Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in 
the  constituencies  included  in  the  Bodoland  Territorial  Areas  District,  so 
notified,  and  existing  prior  to  the  constitution  of  Bodoland  Territorial  Areas 
District, shall be maintained.

333. **Representation  of  the  Anglo-Indian  community in  the 
Legislative  Assemblies  of  the  States.**—Notwithstanding  anything  in  article 
170, the Governor of a State may, if he is of opinion that the Anglo-Indian 
community needs representation in the Legislative Assembly of the State and is 
not adequately represented therein, nominate one member of that community 
to the Assembly.

334. **Reservation  of seats  and  special  representation to cease after 
certain period**.—Notwithstanding anything in the foregoing provisions of this 
Part, the provisions of this Constitution relating to— 

	(a) the  reservation  of  seats  for  the  Scheduled  Castes  and  the 
Scheduled  Tribes  in  the  House  of  the  People  and  in  the  Legislative 
Assemblies of the States; and 

	(b) the  representation  of  the  Anglo-Indian  community  in  the 
House of  the People and in the Legislative Assemblies of the States by  
nomination, 

shall  cease  to  have  effect  on  the  expiration  of  a  period  of eighty  years  in 
respect  of  clause  (a)  and  seventy  years  in  respect  of  clause (b) from  the 
commencement of this Constitution: 

Provided that nothing in this article shall affect any representation in the 
House  of  the  People  or  in  the  Legislative  Assembly  of  a  State  until  the 
dissolution of the then existing House or Assembly, as the case may be.  

335. **Claims  of  Scheduled  Castes  and  Scheduled  Tribes  to  services 
and posts.**—The  claims  of  the  members  of  the  Scheduled  Castes  and  the 
Scheduled  Tribes  shall  be  taken  into  consideration,  consistently  with  the 
maintenance of efficiency of administration, in the making of appointments to 
services and posts in connection with the affairs of the Union or of a State: 

Provided  that  nothing  in  this  article  shall  prevent  in  making  of  any 
provision  in  favour  of  the  members  of  the  Scheduled  Castes  and  the  Scheduled 
Tribes  for  relaxation  in  qualifying  marks  in  any  examination  or  lowering  the 
standards  of  evaluation,  for  reservation  in  matters  or  promotion  to  any  class  or 
classes of services or posts in connection with the affairs of the Union or of a State.

336. **Special  provision  for  Anglo-Indian  community  in  certain 
services.**—(1)  During  the  first  two  years  after  the  commencement  of  this 
Constitution, appointments of members of the Anglo-Indian community to posts 
in the railway, customs, postal and telegraph services of the Union shall be made 
on the same basis as immediately before the fifteenth day of August, 1947.

During  every  succeeding  period  of  two  years,  the  number  of  posts 
reserved for the  members of  the  said  community in the said services shall, as 
nearly as possible, be less by ten per cent. than the numbers so reserved during 
the immediately preceding period of two years: 

Provided that at the end of ten years from the commencement of this 
Constitution all such reservations shall cease.

(2) Nothing  in  clause  (1)  shall  bar  the  appointment  of  members  of  the 
Anglo-Indian  community to  posts other than, or in  addition to, those reserved 
for  the  community  under  that  clause  if  such  members  are  found qualified  for 
appointment on merit as compared with the members of other communities.

337. **Special  provision  with  respect  to  educational  grants  for  the 
benefit of Anglo-Indian community.**—During  the  first  three  financial  years 
after the commencement of this Constitution, the same grants, if any, shall be 
made by the Union and by each State for the benefit of the Anglo-Indian 
community in respect of education  as  were  made in the financial  year ending 
on the thirty-first day of March, 1948.

During every succeeding period of three years the grants may be less by 
ten per cent. than those for the immediately preceding period of three years: 

Provided  that  at  the  end  of  ten  years  from  the  commencement  of  this 
Constitution such grants, to the extent to which they are a special concession to 
the Anglo-Indian community, shall cease: 

Provided  further  that  no  educational  institution  shall  be  entitled  to 
receive any grant under this article unless at least forty per cent. of the annual 
admissions  therein  are made  available  to  members  of communities  other than 
the Anglo-Indian community. 

338. **National Commission for Scheduled Castes**.—(1) There 
shall be a Commission for the  Scheduled Castes to be known as the National 
Commission for the Scheduled Castes.

(2) Subject to the provisions of any law made in this behalf by 
Parliament,  the  Commission  shall  consist  of  a  Chairperson,  Vice-Chairperson 
and three other Members and the conditions of service and tenure of office of 
the  Chairperson,  Vice-Chairperson  and  other  Members  so  appointed  shall  be 
such as the President may by rule determine.

(3) The  Chairperson,  Vice-Chairperson  and  other  Members  of  the 
Commission shall be appointed by the President by warrant under his hand and seal. 

(4) The Commission shall have the power to regulate its own procedure. 

(5) It shall be the duty of the Commission— 

	(a) to investigate and monitor all matters relating to the safeguards 
provided for the Scheduled Castes under this Constitution or under 
any other law for the time being in force or under any order of the 
Government and to evaluate the working of such safeguards; 

	(b) to inquire into specific complaints with respect to the 
deprivation of rights and safeguards of the Scheduled Castes ;

	(c) to participate and advise on the planning process of 
socio-economic development of the Scheduled Castes and to 
evaluate the progress of their development under the Union and any 
State;

	(d) to present to the President, annually and at such other times as the 
Commission may deem fit, reports upon the working of those safeguards; 

	(e) to make in such reports recommendations as to the measures that 
should be taken by the Union or any State for the effective implementation of 
those  safeguards  and  other  measures  for  the  protection,  welfare  and        
socio-economic development of the Scheduled Castes; and 

	(f) to discharge such other functions in relation to the protection, 
welfare and development and advancement of the Scheduled Castes 1*** 
as  the  President  may,  subject  to  the  provisions  of  any  law  made  by 
Parliament, by rule specify.

(6) The  President  shall  cause  all  such  reports  to  be  laid  before  each 
House of Parliament along with a memorandum explaining the action taken or 
proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the 
reasons for the non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with 
which  any  State  Government  is  concerned,  a  copy  of  such  report  shall  be 
forwarded to the Governor of the State who shall cause it to be laid before the 
Legislature of the State along with a memorandum explaining the action taken 
or proposed to be  taken  on  the recommendations relating to the State and the 
reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in 
sub-clause (a)  or inquiring into any complaint referred  to in sub-clause (b) of 
clause (5), have all the powers of a civil court  trying a suit and in particular in 
respect of the following matters, namely :— 

	(a) summoning and  enforcing the attendance of  any  person from 
any part of India and examining him on oath; 

	(b) requiring the discovery and production of any document; 

	(c) receiving evidence on affidavits; 

	(d) requisitioning any public record or copy thereof from any 
court or office; 

	(e) issuing commissions for the examination of witnesses and 
documents; 

	(f) any other matter which the President may, by rule, determine. 

(9) The  Union  and  every  State  Government  shall  consult the 
Commission on all major policy matters affecting Scheduled Castes.

(10) In this article, references to the Scheduled Castes shall be 
construed as including references to the Anglo-Indian community.

338A. **National Commission for Scheduled Tribes.**—(1) There shall 
be  a  Commission  for  the  Scheduled  Tribes  to  be  known  as  the  National 
Commission for the Scheduled Tribes.

(2) Subject  to  the  provisions  of  any  law  made  in  this  behalf  by 
Parliament,  the  Commission  shall  consist  of  a  Chairperson,  Vice-Chairperson 
and three other Members and the conditions of service and tenure of office of 
the  Chairperson,  Vice-Chairperson  and  other  Members  so  appointed  shall  be 
such as the President may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the 
Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission— 

	(a)  to  investigate  and  monitor  all  matters  relating    to  the 
safeguards provided for the Scheduled Tribes under this Constitution or 
under any other law for the time being in force or under any order of the 
Government and to evaluate the working of such safeguards; 

	(b) to  inquire  into  specific  complaints  with  respect  to  the 
deprivation of rights and safeguards of  the Scheduled Tribes; 

	(c) to  participate  and  advise  on  the  planning  process  of  socio-
economic  development  of  the  Scheduled  Tribes  and  to  evaluate  the 
progress of their development under the Union and any State; 

	(d) to present to the President, annually and at such other times as 
the  Commission  may  deem  fit,  reports  upon  the  working  of  those 
safeguards; 

	(e) to  make  in  such  reports  recommendations  as  to  the  
measures  that  should  be  taken  by  the  Union  or  any  State  for  the 
effective  implementation  of  those  safeguards  and  other  measures 
for the protection,  welfare and socio-economic development of the 
Scheduled Tribes; and  

	(f) to discharge such other functions in relation to the protection, 
welfare  and  development  and  advancement  of  the  Scheduled  Tribes  as 
the  President  may,  subject  to  the  provisions  of  any  law  made  by 
Parliament, by rule specify. 

(6) The  President  shall  cause  all  such  reports  to  be  laid  before  each 
House of Parliament along with a memorandum explaining the action taken or 
proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the 
reasons for the  non-acceptance, if any, of  any such recommendations. 

(7) Where any such report,  or    any  part  thereof,  relates  to  any  matter 
with which any State Government is concerned, a copy of such report shall be 
forwarded to the Governor of the State who shall cause it to be laid before the 
Legislature of the State along with a memorandum explaining the action taken 
or proposed to be  taken  on  the recommendations relating to the State and the 
reasons for the non-acceptance, if any, of any of such recommendations. 

(8) The Commission shall, while investigating any matter referred to in 
sub-clause (a)  or inquiring into any complaint referred  to in sub-clause (b) of 
clause (5), have all the powers of a civil court trying a suit and in particular in 
respect of the following matters, namely:— 

	(a)  summoning and  enforcing the attendance of any  person from 
any part of  India and examining him on oath; 

	(b) requiring the discovery and production of any document; 

	(c) receiving evidence on affidavits; 

	(d) requisitioning any public record or copy thereof from any 
court or office; 

	(e) issuing commissions for the examination of witnesses and documents; 

	(f) any other matter which the President may, by rule,  determine. 

(9) The Union and every State Government shall consult the 
Commission on all major policy matters affecting Scheduled Tribes.

338B. **National Commission for Backward Classes.**—(1) There shall 
be  a  Commission  for  the  socially  and  educationally  backward  classes  to  be 
known as the National Commission for Backward Classes.

(2)  Subject  to  the  provisions  of  any  law  made  in  this  behalf  by 
Parliament,  the  Commission  shall  consist  of  a  Chairperson,  Vice-Chairperson 
and three other Members and the conditions of service and tenure of office of 
the  Chairperson,  Vice-Chairperson  and  other  Members  so  appointed  shall  be 
such as the President may by rule determine. 

(3)  The  Chairperson,  Vice-Chairperson  and  other  Members  of  the 
Commission shall be appointed by the President by warrant under his hand and 
seal. 

(4) The Commission shall have the power to regulate its own procedure. 

(5) It shall be the duty of the Commission— 

	(a) to investigate and monitor all matters relating to the safeguards 
provided for the  socially  and educationally backward classes under this 
Constitution or under any other law for the time being in force or under 
any  order  of  the  Government  and  to  evaluate  the  working  of  such 
safeguards; 

	(b)  to  inquire  into  specific  complaints  with  respect  to  the 
deprivation  of  rights  and  safeguards  of  the  socially  and  educationally 
backward classes; 

	(c)  to  participate  and  advise on  the  socio-economic  development 
of  the  socially  and  educationally  backward  classes  and  to  evaluate  the 
progress of their development under the Union and any State; 

	(d) to present to the President, annually and at such other times as 
the  Commission  may  deem  fit,  reports  upon  the  working  of  those 
safeguards; 

	(e) to  make  in  such  reports  the  recommendations  as  to  the 
measures that should be taken by the Union or any State for the effective 
implementation  of  those  safeguards  and  other  measures  for  the 
protection, welfare and socio-economic development of the socially and 
educationally backward classes; and 

	(f) to discharge such other functions in  relation to the protection, 
welfare  and  development  and  advancement  of  the  socially  and 
educationally  backward  classes  as  the  President  may,  subject  to  the 
provisions of any law made by Parliament, by rule specify. 

(6) The  President  shall  cause  all  such  reports  to  be  laid  before  each 
House of Parliament along with a memorandum explaining the action taken or 
proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the 
reasons for the non-acceptance, if any, of any such recommendations. 

(7) Where any such report, or any part thereof, relates to any matter with 
which  any  State  Government  is  concerned,  a  copy  of  such  report  shall  be 
forwarded  to  the  State  Government  which  shall  cause  it  to  be  laid  before  the 
Legislature of the State along with a memorandum explaining the action taken 
or proposed to be taken on  the recommendations relating to the State and the 
reasons for the non-acceptance, it any, of any of such recommendations. 

(8) The Commission shall, while investigating any matter referred to in 
sub-clause (a) or inquiring into any complaint referred  to in sub-clause (b) of 
clause (5), have all the powers of a civil court trying a suit and in particular in 
respect of the following matters, namely :—   

	(a)  summoning and  enforcing the attendance of any  person from 
any part of India and examining him on oath; 

	(b) requiring the discovery and production of any document; 

	(c) receiving evidence on affidavits; 

	(d) requisitioning any  public  record  or  copy  thereof  from  any 
court or office; 

	(e) issuing  commissions  for  the  examination  of  witnesses  and 
documents; 

	(f) any other matter which the President may by rule, determine. 

(9) The  Union  and  every  State  Government  shall  consult the 
Commission  on  all  major  policy  matters  affecting the  socially  and 
educationally backward classes:

Provided  that  nothing  in  this  clause  shall  apply  for  the  purposes  of 
clause (3) of article 342A.

339. **Control  of  the  Union  over  the  administration  of  Scheduled 
Areas  and the welfare of Scheduled  Tribes.**—(1)  The President may at any 
time  and  shall,  at  the  expiration  of  ten  years  from  the  commencement  of  this 
Constitution by order appoint a Commission to report on the administration of 
the Scheduled Areas and the welfare of the Scheduled Tribes in the States. 

The  order  may  define  the  composition,  powers  and  procedure  of  the 
Commission  and  may  contain  such  incidental  or  ancillary  provisions  as  the 
President may consider necessary or desirable.

(2) The  executive  power  of  the  Union  shall  extend  to  the  giving  of 
directions to a State as to the drawing up and execution of schemes specified 
in the  direction  to  be  essential  for  the welfare  of the  Scheduled  Tribes  in  the 
State.

340. **Appointment  of  a  Commission  to  investigate  the  conditions  of 
backward classes.**—(1)  The  President  may  by  order  appoint  a  Commission 
consisting  of  such  persons  as  he  thinks  fit  to  investigate  the  conditions  of 
socially and educationally backward classes within the territory of India and the 
difficulties  under  which  they  labour  and  to  make  recommendations  as  to  the 
steps that should be taken by the Union or any State to remove such difficulties 
and to improve their condition and as to the grants that  should be made for the 
purpose  by  the  Union  or  any  State  and  the  conditions  subject  to  which  such 
grants should be made, and the order appointing such Commission shall define 
the procedure to be followed by the Commission. 

(2) A Commission so appointed shall investigate the matters referred to 
them and present to the President a report setting out the facts as found by them 
and making such recommendations as they think proper. 

(3) The President shall cause a copy of the report so presented together 
with a memorandum explaining the action taken thereon to be laid before each 
House of Parliament. 

341. **Scheduled  Castes.**—(1) The President may with respect to any 
State or Union territory, and where it is a State, after consultation with 
the Governor thereof, by public notification, specify the castes, races or 
tribes or parts of or groups within castes, races or tribes which shall for the 
purposes of this Constitution be deemed to be Scheduled Castes in relation to 
that State or Union territory, as the case may be.

(2) Parliament  may  by  law  include  in  or  exclude  from  the  list  of 
Scheduled Castes specified in a notification issued under clause (1) any caste, 
race  or  tribe  or  part  of  or  group  within  any  caste,  race  or  tribe,  but  save  as 
aforesaid a notification issued under the said clause shall not be varied by any 
subsequent notification.

342. **Scheduled Tribes.**—(1)  The  President may with respect to any 
State or Union territory, and where it is a State, after consultation with 
the Governor thereof, by public notification, specify the tribes or tribal 
communities or parts of or groups within tribes or tribal communities which 
shall for the purposes of this Constitution be deemed to be Scheduled Tribes in 
relation to that State or Union territory, as the case may be.

(2) Parliament  may  by  law  include  in  or  exclude  from  the  list  of 
Scheduled Tribes specified in a notification issued under clause (1) any tribe or 
tribal community or part of or group within any tribe or tribal community, but 
save as aforesaid a notification issued under the said clause shall not be varied 
by any subsequent notification. 

342A. **Socially  and  educationally  backward  classes.**—(1)  The 
President  may  with  respect  to  any  State  or  Union  territory,  and  where  it  is  a 
State,  after  consultation  with  the  Governor  thereof,  by  public  notification, 
specify the  socially  and  educationally  backward  classes  in  the  Central  List 
which  shall  for  the  purposes  of    the  Central  Government be  deemed  to  be 
socially  and  educationally  backward  classes  in  relation  to that  State  or  Union 
territory, as the case may be.

(2) Parliament may by law include in or exclude from the Central List of 
socially  and  educationally  backward  classes  specified  in  a  notification  issued 
under  clause  (1)  any  socially  and  educationally  backward  class,  but  save  as 
aforesaid a notification issued under the said clause shall not be varied by any 
subsequent notification.

*Explanation.*—For the purposes of clauses  (1) and (2), the expression 
“Central List” means the list of socially and educationally backward classes 
prepared and maintained by and for the Central Government.

(3) Notwithstanding any contained in clauses (1) and (2), every State or 
Union territory may, by law, prepare and maintain, for its own purposes, a list 
of  socially  and  educationally  backward  classes,  entries  in  which  may  be 
different from the Central List.

##PART XVII 

###OFFICIAL LANGUAGE 

###CHAPTER I.—LANGUAGE OF THE UNION 

343. **Official language of the Union.**—(1) The official language of the 
Union shall be Hindi in Devanagari script. 

The form of numerals to be used for the official purposes of the Union 
shall be the international form of Indian numerals. 

(2) Notwithstanding anything in clause (1), for a period of fifteen years 
from  the  commencement  of  this  Constitution,  the  English  language  shall 
continue to be used for all the official purposes of the Union for which it was 
being used immediately before such commencement: 

Provided  that  the  President  may,  during  the  said  period,  by  order1 
authorise the use of the Hindi language in addition to the English language and 
of  the  Devanagari  form  of  numerals  in  addition  to  the  international  form  of 
Indian numerals for any of the official purposes of the Union.

(3) Notwithstanding  anything  in  this  article,  Parliament  may  by  law 
provide for the use, after the said period of fifteen years, of— 

(a) the English language, or 

(b) the Devanagari form of numerals, 

for such purposes as may be specified in the law. 

344. **Commission and Committee of Parliament on official 
language.**—(1) The President shall, at the expiration of five years from the 
commencement of this Constitution and thereafter at the expiration of ten years 
from  such  commencement,  by  order  constitute  a  Commission  which  shall 
consist  of  a  Chairman  and  such  other  members  representing  the  different 
languages specified in the Eighth Schedule as the President may appoint, and 
the order shall define the procedure to be followed by the Commission. 

(2) It shall be the duty of the Commission to make recommendations to 
the President as to— 

	(a) the  progressive  use  of  the  Hindi  language  for  the  official 
purposes of the Union; 

	(b) restrictions on the use of the English language for all or any of 
the official purposes of the Union; 

	(c) the  language  to  be  used  for  all  or  any  of  the  purposes 
mentioned in article 348; 

	(d) the form of numerals to be used for any one or more specified 
purposes of the Union; 

	(e) any other matter referred to the Commission by the President 
as  regards  the  official  language  of  the  Union  and  the  language  for 
communication between the Union and a State or between one State and 
another and their use.

(3) In making their recommendations under clause (2), the Commission 
shall  have  due  regard  to  the  industrial,  cultural  and  scientific  advancement  of 
India,  and  the  just  claims  and  the  interests  of  persons  belonging  to  the      
non-Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee consisting of thirty members, 
of whom twenty shall be members of the House of the People and ten shall be 
members of the Council of States to be elected respectively by the members of 
the  House  of  the  People  and  the  members  of  the  Council  of  States  in 
accordance  with  the  system  of  proportional  representation  by  means  of  the 
single transferable vote. 

(5) It  shall be the  duty  of the  Committee to  examine the 
recommendations of the Commission constituted under clause (1) and to report 
to the President their opinion thereon.

(6) Notwithstanding  anything  in  article  343,  the  President  may,  after 
consideration  of  the  report  referred  to  in  clause  (5),  issue  directions  in 
accordance with the whole or any part of that report.

###CHAPTER II.—REGIONAL LANGUAGES 

345. **Official language or languages of a State.**—Subject  to  the 
provisions of articles 346 and 347, the Legislature of a State may by law adopt 
any one or more of the languages in use in the State or Hindi as the language or 
languages to be used for all or any of the official purposes of that State: 

Provided  that,  until  the  Legislature  of  the  State  otherwise  provides  by 
law, the English language shall continue to be used for those official purposes 
within  the  State  for  which  it  was  being  used  immediately  before  the 
commencement of this Constitution.

346. **Official  language  for  communication  between  one  State  and 
another or between a State and the Union.**—The language for the time being 
authorised  for  use  in  the  Union  for  official  purposes  shall  be  the  official 
language for communication between one State and another State and between 
a State and the Union:

Provided that if two or more States agree that the Hindi language should 
be the official language for communication between such States, that language 
may be used for such communication. 

347. **Special provision relating to language spoken by a section of the 
population of a State.**—On a demand being made in that behalf the President 
may, if he is satisfied that a substantial proportion of the population of a State 
desire the use of any language spoken by them to be recognised by that State, 
direct  that  such  language  shall  also  be  officially  recognised  throughout  that 
State or any part thereof for such purpose as he may specify.

###CHAPTER III.—LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348. **Language  to  be  used  in  the  Supreme  Court  and  in  the  High 
Courts and for Acts, Bills, etc.**—(1)  Notwithstanding  anything  in  the 
foregoing provisions of this Part, until Parliament by law otherwise provides— 

  (a) all proceedings in the Supreme Court and in every High Court, 

  (b) the authoritative texts— 
    (i) of all Bills to be introduced or amendments thereto to be 
moved  in  either  House  of  Parliament  or  in  the  House  or  either 
House of the Legislature of a State, 

    (ii) of all Acts passed by Parliament or the Legislature of a 
State  and  of  all  Ordinances  promulgated  by  the  President  or  the 
Governor of a State, and 

    (iii)  of  all  orders,  rules,  regulations  and  bye-laws  issued 
under  this  Constitution  or  under  any  law  made  by  Parliament  or 
the Legislature of a State, 

shall be in the English language. 

(2) Notwithstanding  anything  in  sub-clause  (a)  of  clause  (1), the 
Governor of  a  State  may,  with  the  previous  consent  of  the  President, 
authorise  the  use  of  the  Hindi  language,  or  any  other  language  used  for  any 
official  purposes  of  the  State,  in  proceedings  in  the  High  Court  having  its 
principal seat in that State:

Provided that nothing in this clause shall apply to any judgment, decree 
or order passed or made by such High Court. 

(3) Notwithstanding anything in sub-clause (b) of clause (1),  where  the 
Legislature  of  a  State  has  prescribed  any  language  other  than  the  English 
language for use in Bills introduced in, or Acts passed by, the Legislature of the 
State or in Ordinances promulgated by the Governor of the State or in any 
order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, 
a translation of the same in the English language published under the authority of 
the Governor of  the  State  in  the  Official  Gazette  of  that  State  shall  be 
deemed  to  be  the  authoritative  text  thereof  in  the  English  language  under  this 
article.

349. **Special  procedure  for  enactment  of  certain  laws  relating  to 
language.**—During the period of fifteen years from the commencement of this 
Constitution,  no  Bill  or  amendment  making  provision  for  the  language  to  be 
used  for  any  of  the  purposes  mentioned  in  clause  (1)  of  article  348  shall  be 
introduced  or  moved  in  either  House  of  Parliament  without  the  previous 
sanction  of  the  President,  and  the  President  shall  not  give  his  sanction  to  the 
introduction  of  any  such  Bill  or  the  moving  of  any  such  amendment  except 
after he has taken into consideration the recommendations of the Commission 
constituted  under  clause  (1)  of  article  344  and  the  report  of  the  Committee 
constituted under clause (4) of that article.

###CHAPTER IV.—SPECIAL DIRECTIVES 

350. **Language  to  be  used  in  representations  for  redress  of 
grievances.**—Every person shall be entitled to submit a representation for the 
redress of any grievance to any officer or authority of the Union or a State in 
any of the languages used in the Union or in the State, as the case may be.

350A. **Facilities  for  instruction  in  mother-tongue  at  primary 
stage.**—It  shall  be  the  endeavour  of  every  State  and  of  every  local  authority 
within  the  State  to  provide  adequate  facilities  for  instruction  in  the           
mother-tongue  at  the  primary  stage  of  education  to  children  belonging  to 
linguistic minority groups; and the President may issue such directions to any 
State  as  he  considers  necessary  or  proper  for  securing  the  provision  of  such 
facilities.

350B. **Special Officer for linguistic minorities.**—(1)  There  shall  be  a 
Special Officer for linguistic minorities to be appointed by the President.

(2) It shall be the duty of the Special Officer to investigate all matters relating 
to  the  safeguards  provided  for  linguistic  minorities  under  this  Constitution  and 
report  to  the  President  upon  those  matters  at  such  intervals  as  the  President  may 
direct, and the President shall cause all such reports to be laid before each House of 
Parliament, and sent to the Governments of the States concerned.

351. **Directive for development of the Hindi language.**—It shall be the 
duty of the Union to promote the spread of the Hindi language, to develop it so 
that  it  may  serve  as  a  medium  of  expression  for  all  the  elements  of  the 
composite culture of India and to secure its enrichment by assimilating without 
interfering with its genius, the forms, style and expressions used in Hindustani 
and  in  the  other  languages  of  India  specified  in  the  Eighth  Schedule,  and  by 
drawing,  wherever  necessary  or  desirable,  for  its  vocabulary,  primarily  on 
Sanskrit and secondarily on other languages. 
 
##PART XVIII 

###EMERGENCY PROVISIONS 

352. **Proclamation of Emergency.**—(1) If the President is satisfied that 
a  grave  emergency  exists  whereby  the  security  of  India  or  of  any  part  of  the 
territory thereof is threatened, whether by war or external aggression or armed 
rebellion, he  may,  by  Proclamation,  make  a  declaration  to  that  effect in 
respect of the whole of India or of such part of the territory thereof as may be 
specified in the Proclamation.

*Explanation.*—A  Proclamation  of  Emergency  declaring  that  the 
security of India or any part of the territory thereof is threatened by war or by 
external  aggression  or  by  armed  rebellion  may  be  made  before  the  actual 
occurrence  of  war  or  of  any  such  aggression  or  rebellion,  if  the  President  is 
satisfied that there is imminent danger thereof.

(2) A Proclamation issued under clause (1) may  be varied or revoked 
by a subsequent Proclamation. 

(3) The  President  shall  not  issue  a  Proclamation  under  clause  (1)  or  a 
Proclamation  varying  such  Proclamation  unless  the  decision  of  the  Union 
Cabinet (that is to say, the Council consisting of the Prime Minister and other 
Ministers of Cabinet rank appointed under article 75) that such a Proclamation 
may be issued has been communicated to him in writing.

(4) Every Proclamation issued under this article shall be laid before each 
House  of  Parliament  and  shall,  except  where  it  is  a  Proclamation  revoking  a 
previous Proclamation, cease to operate at the expiration of one month unless 
before the expiration of that period it has been approved by resolutions of both 
Houses of Parliament:

Provided  that  if  any  such  Proclamation  (not  being  a  Proclamation 
revoking  a  previous  Proclamation)  is  issued  at  a  time  when  the  House  of  the 
People has been dissolved, or the dissolution of the House of the People takes 
place  during  the  period  of  one  month  referred  to  in  this  clause,  and  if  a 
resolution  approving  the  Proclamation  has  been  passed  by  the  Council  of 
States, but no resolution with respect to such Proclamation  has been passed by 
the House of the People before the expiration of that period, the Proclamation  
shall cease to operate at the expiration of thirty days from the date on which the 
House  of  the  People  first  sits  after  its  reconstitution,  unless  before  the 
expiration  of  the  said  period  of  thirty  days  a  resolution  approving  the 
Proclamation has been also passed by the House of the People. 

(5) A Proclamation  so approved shall, unless revoked, cease to operate 
on the expiration of a period of six months from the date of the passing of the 
second of the resolutions approving the Proclamation  under clause (4): 

Provided that if and so often as a resolution approving the continuance in 
force  of  such  a  Proclamation  is  passed  by  both  Houses  of  Parliament  the 
Proclamation shall, unless revoked, continue in force for a further period of six 
months from the date on which it would otherwise have ceased to operate under 
this clause: 

Provided further that if the dissolution of the House of the People takes 
place  during  any  such  period  of  six  months  and  a  resolution  approving  the 
continuance in force of such  Proclamation  has  been passed by the Council of 
States  but  no  resolution  with  respect  to  the  continuance  in  force  of  such 
Proclamation  has  been  passed  by  the  House  of  the  People  during  the  said 
period, the Proclamation shall cease to operate at the expiration of thirty days 
from the date on which the House of the People first sits after its reconstitution 
unless  before  the  expiration  of  the  said  period    of  thirty  days,  a  resolution 
approving the continuance in force  of the Proclamation  has been also passed 
by the House of the People. 

(6) For the purposes of  clauses (4) and (5), a resolution may be  passed 
by  either  House  of  Parliament  only  by  a  majority  of  the  total  membership  of 
that House and by a majority of not less than two-thirds of the Members of that 
House present and voting. 

(7)  Notwithstanding  anything  contained  in  the  foregoing  clauses,  the 
President shall revoke a Proclamation issued under clause (1) or a Proclamation 
varying  such  Proclamation  if  the  House  of  the  People  passes  a  resolution 
disapproving, or, as the case may be, disapproving the continuance in force  of, 
such Proclamation.

(8) Where  a  notice  in  writing  signed  by  not  less  than  one-tenth  of  the 
total number of members of the House of the People  has been given, of their 
intention  to  move  a  resolution  for  disapproving,  or,  as  the  case  may  be,  for 
disapproving  the  continuance  in  force  of,  a  Proclamation    issued  under       
clause (1) or a Proclamation  varying such Proclamation,— 

    (a) to the Speaker, if the House is in session; or 

    (b) to the President, if the House  is not in session, 

a special sitting of the House shall be held within fourteen days from the date 
on which such notice is received by the Speaker, or, as the case may be, by the 
President, for the purpose  of considering such resolution.

(9) The  power  conferred  on  the President  by  this  article  shall  include 
the power  to issue different  Proclamations  on different grounds, being war or 
external aggression or armed rebellion or imminent danger of war or external 
aggression or armed rebellion, whether  or  not  there  is  a  Proclamation  
already  issued  by  the President under  clause  (1)  and  such Proclamation   is  in 
operation.

353. **Effect  of  Proclamation  of Emergency.**—While  a  Proclamation 
of Emergency is in operation, then— 

(a)  notwithstanding  anything  in  this  Constitution,  the  executive 
power  of the Union shall extend to the giving of directions to any State 
as  to  the  manner  in  which  the  executive  power    thereof  is  to  be 
exercised; 

(b)  the  power    of  Parliament  to  make  laws  with  respect  to  any 
matter  shall  include  power  to  make  laws  conferring  powers  and 
imposing    duties,  or  authorising  the  conferring  of  powers  and  the 
imposition  of  duties,  upon  the  Union  or  officers  and  authorities  of  the 
Union as respects that matter, notwithstanding that it is one which is not 
enumerated in the Union List:

Provided that where a Proclamation  of Emergency is in operation only 
in any part of the territory of India,— 

(i) the executive power of the Union to give directions under 
clause (a), and 

(ii) the  power  of Parliament to make laws  under clause (b), 

shall  also  extend  to  any  State  other  than    a  State  in  which  or  in  any  part  of 
which  the  Proclamation    of  Emergency  is  in  operation  if  and  in  so  far  as  the 
security of India or any part of the territory thereof is threatened by activities in 
or in relation to the part  of the territory of India in which the Proclamation  of 
Emergency is in operation.

354. **Application  of  provisions  relating  to  distribution  of  revenues 
while a Proclamation of Emergency is in operation.**—(1)  The  President  
may, while a Proclamation  of Emergency is in operation, by order  direct that 
all  or  any  of  the  provisions  of  articles  268  to  279  shall  for  such  period,  not 
extending in any case beyond the expiration of the financial year in which such 
Proclamation  ceases  to operate, as may be specified in the order, have effect 
subject  to such exceptions or modifications as he thinks fit.

(2) Every order made under clause (1) shall, as soon as may be after it is 
made, be laid before each House of Parliament. 

355. **Duty of the Union to protect States against external aggression 
and internal disturbance.**—It shall be the duty of the Union to protect every 
State  against external aggression and internal disturbance and to ensure that the 
Government of every State  is carried on in accordance with the provisions of 
this Constitution.

356. **Provisions  in  case  of  failure  of  constitutional  machinery  in 
States.**—(1) If the President, on receipt of a report from the Governor of a 
State  or  otherwise,  is  satisfied  that  a  situation  has  arisen  in  which  the 
Government  of  the  State  cannot  be  carried    on    in  accordance  with  the 
provisions of this Constitution, the President may by Proclamation— 

	(a) assume  to  himself  all  or  any  of  the  functions  of  the 
Government  of  the  State  and  all  or  any  of  the  powers  vested  in  or 
exercisable by the  Governor or any body or authority in the  State  
other than the Legislature of the State;

	(b) declare that the powers of the Legislature of the State shall be 
exercisable by or under the authority of Parliament; 

	(c) make  such  incidental  and  consequential  provisions  as  appear 
to  the  President  to  be  necessary  or  desirable  for  giving  effect  to  the 
objects  of  the  Proclamation,    including  provisions  for  suspending  in 
whole  or  in  part  the  operation  of  any  provisions  of  this    Constitution 
relating to any body or authority in the State: 
Provided  that  nothing  in  this  clause  shall  authorise  the  President  to 
assume to himself any of the powers vested in or exercisable by a High Court, 
or  to  suspend  in  whole  or  in  part  the  operation  of  any  provision  of  this 
Constitution relating to High Courts. 

(2) Any  such  Proclamation  may  be  revoked  or  varied  by  a  subsequent 
Proclamation. 

(3) Every Proclamation under this article shall be laid before each House 
of Parliament and shall, except where it is a Proclamation revoking a previous 
Proclamation,  cease  to  operate  at  the  expiration  of  two  months  unless  before 
the expiration of that period it has been approved by resolutions of both Houses 
of Parliament: 

Provided  that  if  any  such  Proclamation  (not  being  a  Proclamation 
revoking  a  previous  Proclamation)  is  issued  at  a  time  when  the  House  of  the 
People is dissolved or the dissolution  of the  House  of the People takes place 
during the period of two  months  referred to in this clause, and if a resolution 
approving  the Proclamation  has  been  passed  by  the  Council  of  States,  but  no  
resolution with respect to such Proclamation has been passed by the House of 
the People before the expiration of that period, the Proclamation shall cease to 
operate at the expiration of thirty days from the date on which the House of the 
People first sits after its reconstitution unless before the expiration of the said 
period  of  thirty  days  a  resolution  approving  the  Proclamation  has  been  also 
passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate 
on  the  expiration  of  a  period  of six  months  from  the  date  of  issue  of the 
Proclamation: 

Provided that if and so often as a resolution approving the continuance in 
force  of  such  a  Proclamation  is  passed    by  both  Houses  of  Parliament,  the 
Proclamation  shall,  unless    revoked,  continue  in  force  for  a  further  period  of 
six months from the date on  which under this clause it would otherwise have 
ceased to  operate, but no such Proclamation shall  in any case remain in force  
for more than three  years: 

Provided further that if the dissolution of the House of the People takes 
place  during  any  such  period  of six months and  a  resolution  approving  the 
continuance in force  of such  Proclamation  has  been passed by the Council of 
States,  but  no  resolution  with  respect  to  the  continuance    in  force  of  such 
Proclamation  has  been  passed  by  the  House  of  the  People  during  the  said 
period, the Proclamation shall cease to operate at the expiration of thirty days 
from the date on which the House of the  People first sits after its reconstitution 
unless  before  the  expiration  of  the  said  period  of  thirty  days  a  resolution 
approving the  continuance in force  of the Proclamation  has been also passed 
by the House of the People: 

Provided  also  that  in  the  case  of  the  Proclamation  issued  under 
clause (1) on the 11th day of May, 1987 with respect to the State  of Punjab, the 
reference in the first  proviso to this clause to “three years” shall be construed 
as a reference to five years.

(5) Notwithstanding anything contained in clause (4), a resolution with 
respect to the continuance in force of a Proclamation approved under clause (3) 
for any period beyond the expiration of one year from the date of issue of such 
Proclamation shall not be passed by either House of Parliament unless— 

  (a) a Proclamation of Emergency is in operation, in the whole of 
India or, as the case may be, in the whole or any part of the State, at the 
time of the passing of such resolution, and 

  (b) the Election Commission certifies that the continuance in force 
of  the  Proclamation  approved  under  clause  (3)  during  the  period 
specified  in  such  resolution  is  necessary  on  account  of  difficulties  in 
holding  general  elections  to  the  Legislative  Assembly  of  the  State 
concerned:

Provided  that  nothing  in  this  clause  shall  apply  to  the  Proclamation 
issued under clause (1) on the 11th day of May, 1987 with respect to the State 
of Punjab.

357. **Exercise of legislative powers under Proclamation issued under 
article 356.**—(1)  Where  by  a  Proclamation  issued  under  clause  (1)  of  article 
356, it has been declared that the powers of the Legislature of the State shall be 
exercisable by or under the authority of Parliament, it shall be competent— 

(a) for  Parliament  to  confer  on  the  President  the  power  of  the 
Legislature of  the State to make  laws,  and to authorise the President to 
delegate,  subject  to  such  conditions  as  he  may  think  fit  to  impose,  the 
power so conferred to any other authority to be specified by him in that 
behalf; 

(b) for Parliament, or for the President or other authority in whom 
such  power  to  make  laws  is  vested  under  sub-clause  (a),  to  make  laws 
conferring powers and imposing duties, or authorising the conferring of 
powers  and  the  imposition  of  duties,  upon  the  Union  or  officers  and 
authorities thereof; 

(c) for the President to authorise when the House of the People is 
not  in  session  expenditure  from  the  Consolidated  Fund  of  the  State 
pending the sanction of such expenditure by Parliament.

(2) Any  law  made  in  exercise  of  the  power  of  the  Legislature  of  the 
State by Parliament or the President or other authority referred to in sub-clause 
(a)  of  clause  (1)  which  Parliament  or  the  President  or  such  other  authority 
would  not,  but  for  the  issue  of  a  Proclamation  under  article  356,  have  been 
competent to make shall, after the Proclamation has ceased to operate, continue 
in  force  until  altered  or  repealed  or  amended  by  a  competent  Legislature  or 
other authority.

358. **Suspension of provisions of article 19 during emergencies.**—
(1) While a Proclamation of Emergency declaring that the security of India 
or  any  part  of  the  territory  thereof  is  threatened  by  war  or  by  external 
aggression is in operation], nothing in article 19 shall restrict the power of the 
State  as  defined  in  Part  III  to  make  any  law  or  to  take  any  executive  action 
which  the  State  would  but  for  the  provisions  contained  in  that  Part  be 
competent to make or to take, but  any law so made shall, to the extent of the 
incompetency,  cease  to  have  effect  as  soon  as  the  Proclamation  ceases  to 
operate, except as respects things done or omitted to be done before the law so 
ceases to have effect: 

Provided that where such Proclamation of Emergency is in operation 
only  in  any  part  of  the territory  of  India,  any  such  law  may  be  made,  or  any 
such executive action  may be taken, under this article in relation to or in any 
State or Union territory in which or in any part of  which the Proclamation of 
Emergency is not in operation, if  and in so far as the security of  India or any 
part of the territory thereof is threatened by activities in or in relation to the part 
of  the  territory  of  India  in  which  the  Proclamation  of  Emergency  is  in 
operation.

(2) Nothing in clause (1) shall apply— 

  (a)  to  any  law  which  does  not  contain  a  recital  to  the  effect  that 
such  law  is  in  relation  to  the  Proclamation  of  Emergency  in  operation 
when it is made; or 

  (b) to any  executive  action  taken  otherwise  than  under  a  law 
containing such a recital.

359. **Suspension of the enforcement of the rights conferred by 
Part III during emergencies.**—(1) Where a Proclamation of Emergency is in 
operation, the President may by order declare that the right to move any court 
for the enforcement of such of the rights conferred by Part III (except articles 
20 and 21) as  may  be mentioned in  the order  and  all proceedings pending in 
any  court  for  the  enforcement  of  the  rights  so  mentioned  shall  remain 
suspended for the period during which the Proclamation is in force or for such 
shorter period as may be specified in the order. 

(1A)  While  an  order  made  under  clause  (1)  mentioning  any  of the 
rights conferred by Part III (except articles 20 and 21) is in operation, nothing 
in that Part  conferring  those  rights  shall  restrict  the  power  of  the  State  as 
defined in the said Part to make any law or to take any executive action which 
the  State  would  but  for  the  provisions  contained  in  that  Part  be  competent  to 
make or to take, but any law so made shall, to the extent of the incompetency, 
cease to have effect as soon as the order aforesaid ceases to operate, except as 
respects  things  done  or  omitted  to  be  done  before  the  law  so  ceases  to  have 
effect:

Provided that where a Proclamation of Emergency is in operation only 
in  any  part  of  the  territory  of  India,  any  such  law  may  be  made,  or  any  such 
executive action may be taken, under this article in relation to or in any State or 
Union  territory  in  which  or  in  any  part  of  which  the  Proclamation  of 
Emergency is not in operation, if  and in so far as the security of  India or any 
part of the territory thereof is threatened by activities in or in relation to the part 
of  the  territory  of  India  in  which  the  Proclamation  of  Emergency  is  in 
operation.

(1B) Nothing in clause (1A) shall apply— 

  (a) to  any  law  which  does  not  contain  a  recital  to  the  effect  that 
such  law  is  in  relation  to  the  Proclamation  of  Emergency  in  operation 
when it is made; or 

  (b) to  any  executive  action  taken  otherwise  than  under  a  law 
containing such a recital.

(2) An order made as  aforesaid may extend to the whole or any part of 
the territory of India: 

Provided that where a Proclamation of Emergency is in operation only 
in a part of the territory of India, any such order shall not extend to any other 
part  of  the  territory  of  India  unless  the  President,  being  satisfied  that  the 
security of India or any part of the territory thereof is threatened by activities in 
or in relation to the part of the territory of India in which the Proclamation of 
Emergency is in operation, considers such extension to be necessary.

(3) Every order made under clause (1) shall, as soon as may be after it is 
made, be laid before each House of Parliament. 

359A. *[Application  of  this  Part  to  the  State  of  Punjab.].—Omitted  by 
the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f.* 6-1-1990).

360. **Provisions as to financial emergency.**—(1)  If  the  President  is 
satisfied that  a situation has arisen whereby the  financial stability or credit of 
India  or  of  any  part  of  the  territory  thereof  is  threatened,  he  may  by  a 
Proclamation make a declaration to that effect.

(2) A Proclamation issued under clause (1)— 

(a) may be revoked or varied by a subsequent Proclamation; 

(b) shall be laid before each House of Parliament; 

(c)  shall  cease to operate at the expiration of two  months, unless 
before the expiration of that period  it has been  approved by resolutions 
of both Houses of Parliament: 

Provided  that  if  any  such  Proclamation  is  issued  at  a  time  when  the 
House of the People has been dissolved or the dissolution of the House of the 
People    takes    place    during    the    period    of    two  months  referred  to  in       
sub-clause (c), and if a resolution approving the Proclamation has been passed 
by  the  Council  of  States,  but  no  resolution  with  respect  to  such Proclamation 
has been passed by the House of the People before the expiration of that period, 
the Proclamation shall cease to operate at the expiration of thirty days from the 
date  on  which  the  House of  the People first  sits  after  its  reconstitution unless 
before the expiration of the said period of thirty days a resolution approving the 
Proclamation has been also passed by the House of the People.

(3)  During    the    period    any    such    Proclamation  as  is  mentioned  in 
clause (1) is in operation, the executive authority of the Union shall extend to 
the  giving  of  directions  to  any  State  to  observe  such  canons  of  financial 
propriety as may be specified in the directions, and to the giving of such other 
directions as the President may deem necessary and adequate for the purpose. 

(4) Notwithstanding anything in this Constitution— 

  (a) any such direction may include— 

    (i) a provision requiring the reduction of  salaries  and allowances 
of all or any class of persons serving in connection with the affairs of 
a State; 

    (ii) a provision  requiring all Money Bills or other  Bills to which 
the  provisions  of  article  207  apply  to  be  reserved  for  the 
consideration of the President after they are passed by the Legislature 
of the State; 

  (b) it  shall  be  competent  for  the  President  during  the  period  any 
Proclamation issued under this article is in operation to issue directions 
for the reduction of salaries and allowances of all or any class of persons 
serving in connection with the affairs of the Union including the Judges 
of the Supreme Court and the High Courts.
 
##PART XIX 

###MISCELLANEOUS 

361. **Protection of President and Governors and Rajpramukhs.**—(1) 
The  President,  or  the  Governor  or  Rajpramukh  of  a  State,  shall  not  be 
answerable  to  any  court  for  the  exercise  and  performance  of  the  powers  and 
duties of his office or for any act done or purporting to be done by him in the 
exercise and performance of those powers and duties: 

Provided that the conduct of the President may be brought under review 
by  any  court,  tribunal  or  body  appointed  or  designated  by  either  House  of 
Parliament for the investigation of a charge under article 61: 

Provided  further  that  nothing  in  this  clause  shall  be  construed  as 
restricting the right of any person to bring appropriate proceedings against the 
Government of India or the Government of a State. 

(2) No criminal proceedings whatsoever shall be instituted or continued 
against the President, or the Governor of a State, in any court during his 
term of office. 

(3) No  process  for  the  arrest  or  imprisonment  of  the  President,  or  the 
Governor of a State, shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President, 
or the Governor of a State, shall be instituted during his term of office in 
any  court  in  respect  of  any  act  done  or  purporting  to  be  done  by  him  in  his 
personal  capacity,  whether  before  or  after  he  entered  upon  his  office  as 
President, or as Governor of such State, until the expiration of two months 
next after notice in writing has been delivered to the President or the Governor 
, as  the  case  may  be,  or  left  at  his  office  stating  the  nature  of  the 
proceedings,  the  cause  of  action  therefor,  the  name,  description  and  place  of 
residence  of  the  party  by  whom  such  proceedings  are  to  be  instituted  and  the 
relief which he claims.

361A. **Protection  of  publication  of  proceedings  of  Parliament  and 
State Legislatures.**—(1) No person shall be liable to any proceedings, civil or 
criminal,  in  any  court  in  respect  of  the  publication  in  a  newspaper  of  a 
substantially true report of any proceedings of either House of Parliament or the 
Legislative Assembly, or, as the case may be, either House of the Legislature, 
of a State, unless the publication is proved to have been made with malice: 

Provided that nothing in this clause shall apply to the publication of any 
report of the proceedings of a secret sitting of either House of Parliament or the 
Legislative Assembly, or, as the case may be, either House of the Legislature, 
of a State. 

(2) Clause (1) shall apply in relation to reports  or matters broadcast by 
means of wireless telegraphy as part of any programme or service provided by 
means  of  a  broadcasting  station  as  it  applies  in  relation  to  reports  or  matters 
published in a newspaper.

*Explanation.*—In this article, “newspaper” includes a news agency report 
containing material for publication in a newspaper.

361B. **Disqualification  for  appointment  on  remunerative  political 
post.**—A  member  of  a  House  belonging  to  any  political  party  who  is 
disqualified for being a member of the House under paragraph 2 of the Tenth 
Schedule shall also be disqualified to hold any remunerative political post for 
duration of the period commencing from  the date of his disqualification  till the 
date  on  which  the  term  of  his  office  as  such  member  would  expire  or  till  the  
date  on  which  he  contests  an  election  to  a  House  and  is  declared    elected, 
whichever is earlier. 

*Explanation.* — For the purposes of this article,— 

  (a) the    expression    “House”    has    the  meaning  assigned  to  it  in 
clause (a) of paragraph 1 of the  Tenth Schedule;  

  (b) the expression “remunerative political post” means any office—                 

    (i) under the Government of India or the Government of a 
State where the salary or remuneration for such office is paid 
out  of  the  public  revenue  of  the  Government  of  India  or  the 
Government of the State, as the case may be; or   

    (ii) under a body, whether incorporated or not, which is 
wholly or  partially  owned  by  the  Government  of  India  or  the 
Government  of  State,  and  the  salary  or  remuneration  for  such 
office is paid by such body,  

except where such salary or remuneration paid is compensatory in nature.

362. *[Rights and privileges of Rulers of Indian States.].—Omitted by the 
Constitution (Twenty-sixth Amendment) Act*, 1971, s. 2 (w.e.f. 28-12-1971). 

363. **Bar to interference by courts in  disputes arising out of certain 
treaties, agreements, etc.**—(1) Notwithstanding anything in this  Constitution 
but subject to the provisions of article 143, neither the Supreme Court nor any 
other court shall have jurisdiction in any dispute arising out of any provision of 
a  treaty,  agreement,  covenant,  engagement,  sanad  or  other  similar  instrument 
which  was  entered  into  or  executed  before  the  commencement  of  this 
Constitution by any Ruler of an Indian State and to which the Government of 
the Dominion of India or any of its predecessor Governments was a party and 
which has or has been continued in operation after such commencement, or in 
any dispute in respect of any right accruing under or any liability or obligation 
arising  out  of  any  of  the  provisions  of  this  Constitution  relating  to  any  such 
treaty, agreement, covenant, engagement, sanad or other similar instrument. 

(2) In this article— 

  (a) “Indian  State”  means  any  territory  recognised  before  the 
commencement of this Constitution by His Majesty or the Government 
of the Dominion of India as being such a State; and 

  (b) “Ruler” includes the Prince, Chief or other person recognised 
before  such  commencement  by  His  Majesty  or  the  Government  of  the 
Dominion of India as the Ruler of any Indian State.

363A. **Recognition granted to Rulers of Indian States to cease and 
privy purses to be abolished.**—Notwithstanding anything in this Constitution 
or in any law for the time being in force— 

  (a) the Prince, Chief or other person who, at any time before the 
commencement  of  the  Constitution  (Twenty-sixth  Amendment)  Act, 
1971, was recognised by the President as the Ruler of an Indian State or 
any  person  who,  at  any  time  before  such  commencement,  was 
recognised by the President as the successor of such ruler shall, on and 
from  such commencement, cease to  be recognised as such Ruler or the 
successor of such Ruler; 

  (b) on and from the commencement of the Constitution (Twenty-
sixth  Amendment)  Act,  1971,  privy  purse  is  abolished  and  all  rights, 
liabilities and obligations in respect of privy purse are extinguished and 
accordingly  the  Ruler  or,  as  the  case  may  be,  the  successor  of  such 
Ruler, referred to in clause (a) or any other person shall not be paid any 
sum as *privy purse*.

364. **Special provisions as to major ports and aerodromes.**—(1) 
Notwithstanding  anything  in  this  Constitution,  the  President  may  by  public 
notification  direct  that  as  from  such  date  as  may  be  specified  in  the 
notification— 

  (a) any  law  made  by  Parliament  or  by  the  Legislature  of  a  State 
shall  not  apply  to  any  major  port  or  aerodrome  or  shall  apply  thereto 
subject  to  such  exceptions  or  modifications  as  may  be  specified  in  the 
notification, or 

  (b) any existing law shall cease to have effect in any major port or 
aerodrome  except  as  respects  things  done  or  omitted  to be done before 
the said date, or shall in its application  to  such port or aerodrome have 
effect subject to such exceptions or modifications as may be specified in 
the notification. 

(2) In this article— 

  (a) “major  port”  means  a  port  declared  to  be  a  major  port  by  or 
under any law made by Parliament or any existing law and includes all 
areas for the time being included within the limits of such port; 

  (b)“aerodrome” means aerodrome as defined for the purposes of 
the enactments relating to airways, aircraft and air navigation. 

365. **Effect  of  failure  to  comply  with,  or  to  give  effect  to,  directions 
given  by  the  Union.**—Where  any  State  has  failed  to  comply  with,  or  to  give 
effect to, any directions given in the exercise of the executive power of the Union 
under  any  of  the  provisions  of  this  Constitution,  it  shall  be  lawful  for  the 
President to hold that a situation has arisen in which the Government of the State 
cannot be carried on in accordance with the provisions of this Constitution. 

366. **Definitions.**—In  this  Constitution,  unless  the  context  otherwise 
requires,  the  following  expressions  have  the  meanings  hereby  respectively 
assigned to them, that is to say— 

(1) “agricultural income” means agricultural income as defined 
for the purposes of the enactments relating to Indian income-tax; 

(2) “an Anglo-Indian” means a person whose father or any of 
whose other  male  progenitors  in  the  male  line  is  or  was  of  European 
descent but who is domiciled within the territory of India and is or was 
born  within such territory of parents habitually resident therein and not 
established there for temporary purposes only; 

(3) “article” means an article of this Constitution; 

(4) “borrow”  includes  the  raising  of  money  by  the  grant  of 
annuities, and “loan” shall be construed accordingly; 

(5) “clause” means a clause of the article in which the expression 
occurs; 

(6) “corporation tax” means any tax on income, so far as that tax 
is payable by companies and is a tax in the case of which the following 
conditions are fulfilled:— 

  (a) that  it  is  not  chargeable  in  respect  of  agricultural 
income; 

  (b) that  no  deduction  in  respect  of  the  tax  paid  by 
companies  is,  by  any  enactments  which  may  apply  to  the  tax, 
authorised to  be made from  dividends  payable by the companies 
to individuals; 

  (c) that  no  provision  exists  for  taking  the  tax  so  paid  into 
account  in  computing  for  the  purposes  of  Indian  income-tax  the 
total  income  of  individuals  receiving  such  dividends,  or  in 
computing  the  Indian  income-tax  payable  by,  or  refundable  to, 
such individuals; 

(7) “corresponding  Province”,  “corresponding  Indian  State”  or 
“corresponding  State”  means  in  cases  of  doubt  such  Province,  Indian 
State  or  State  as  may  be  determined  by  the  President  to  be  the 
corresponding  Province, the  corresponding  Indian  State  or the 
corresponding  State,  as  the  case  may  be,  for  the  particular  purpose  in 
question; 

(8) “debt”  includes  any  liability  in  respect  of  any  obligation  to 
repay  capital  sums  by  way  of  annuities  and  any  liability  under  any 
guarantee, and “debt charges” shall be construed accordingly; 

(9) “estate duty” means a duty to be assessed on or by reference to 
the principal value, ascertained in accordance with such rules as may be 
prescribed by or under laws made by Parliament or the Legislature of a 
State relating to the duty, of all property passing upon death or deemed, 
under the provisions of the said laws, so to pass; 

(10) “existing  law”  means  any  law,  Ordinance,  order,  bye-law, 
rule  or  regulation  passed  or  made  before  the  commencement  of  this 
Constitution  by  any  Legislature,  authority  or  person  having  power  to 
make such a law, Ordinance, order, bye-law, rule or regulation; 

(11) “Federal  Court”  means  the  Federal  Court  constituted  under 
the Government of India Act, 1935; 

(12) “goods” includes all materials, commodities, and articles; 

(12A)  “goods  and  services  tax”  means  any  tax  on  supply  of 
goods,  or  services  or  both  except  taxes  on  the  supply  of  the  alcoholic 
liquor for human consumption;

(13)  “guarantee”  includes  any  obligation  undertaken  before  the 
commencement of this Constitution to make payments in the event of the 
profits of an undertaking falling short of a specified amount; 

(14)  “High  Court”  means  any  Court  which  is  deemed  for  the 
purposes  of  this  Constitution  to  be  a  High  Court  for  any  State  and 
includes— 

	(a) any  Court  in  the  territory  of  India  constituted  or 
reconstituted under this Constitution as a High Court, and 

	(b) any other Court in  the territory  of India  which  may be 
declared by Parliament by law to be a High Court for all or any of 
the purposes of this Constitution;

(15) “Indian State” means any territory which the Government of 
the Dominion of India recognised as such a State; 

(16) “Part”  means a Part of this Constitution; 

(17)  “pension”  means  a  pension,  whether  contributory  or  not,  of 
any kind whatsoever payable to or in respect of any person, and includes 
retired  pay  so  payable;  a  gratuity  so  payable  and  any  sum  or  sums  so 
payable  by  way  of  the  return,  with  or  without  interest  thereon  or  any 
other addition thereto, of subscriptions to a provident fund; 

(18) “Proclamation  of  Emergency”  means  a  Proclamation  issued 
under clause (1) of article 352; 

(19) “public notification” means a notification in the Gazette of 
India, or, as the case may be, the Official Gazette of a State; 

(20) “railway” does not include— 

  (a) a tramway wholly within a municipal area, or 

  (b) any other line of communication wholly situate in one State 
and declared by Parliament by law not to be a railway; 

(22) “Ruler” means the Prince, Chief or other person who, at any 
time  before  the  commencement  of  the  Constitution  (Twenty-sixth 
Amendment) Act, 1971, was recognised by the President as the Ruler of 
an  Indian  State  or  any  person  who,  at  any  time  before  such 
commencement,  was  recognised  by  the  President  as  the  successor  of 
such Ruler;

(23) “Schedule” means a Schedule to this Constitution; 

(24) “Scheduled  Castes”  means  such  castes,  races  or  tribes  or 
parts of or groups within such castes, races or tribes as are deemed under 
article 341 to be Scheduled Castes for the purposes of this Constitution; 

(25) “Scheduled  Tribes”  means  such tribes or  tribal communities 
or parts of or groups within such tribes or tribal communities as are 
deemed under article 342 to be Scheduled Tribes for the purposes of this 
Constitution; 

(26) “securities” includes stock; 

(26A) “Services” means anything other than goods; 

(26B) “State” with reference to articles 246A, 268, 269, 269A and 
article 279A includes a Union territory with Legislature;

(26C) "socially and educationally backward classes" means such 
backward classes as are so deemed under article 342A for the purposes 
of  the  Central  Government  or  the  State  or  Union  territory,  as  the case 
may be;

(27) “sub-clause”  means  a  sub-clause  of  the  clause  in  which  the 
expression occurs; 

(28) “taxation”  includes  the  imposition  of  any  tax  or  impost, 
whether  general  or  local  or  special,  and  “tax”  shall  be  construed 
accordingly; 

(29) “tax  on  income”  includes  a  tax  in  the  nature  of  an  excess 
profits tax; 

(29A) “tax on the sale or purchase of goods” includes— 

	(a) a  tax  on  the  transfer,  otherwise  than  in pursuance  of  a 
contract,  of  property  in  any  goods  for  cash,  deferred  payment  or 
other valuable consideration; 

	(b) a  tax  on  the  transfer  of  property  in  goods  (whether  as 
goods  or  in  some  other  form)    involved  in  the  execution  of  a 
works contract; 

	(c) a tax on the delivery of  goods  on  hire-purchase or any 
system of payment by instalments; 

	(d) a  tax  on  the  transfer  of  the  right  to  use  any  goods  for 
any  purpose  (whether  or  not  for  a  specified  period)  for  cash, 
deferred payment or other valuable consideration; 

	(e) a  tax  on  the  supply  of  goods  by  any  unincorporated 
association  or  body  of  persons  to  a  member  thereof  for  cash, 
deferred payment or other valuable consideration; 

	(f) a tax on the supply, by way of or as part of any service 
or  in  any  other  manner  whatsoever,  of  goods,  being  food or  any 
other article for human consumption or any drink (whether or not 
intoxicating),  where  such  supply  or  service,  is  for  cash,  deferred 
payment or other valuable consideration, 

and such transfer, delivery or supply of any goods shall be deemed to be 
a  sale  of  those  goods  by  the  person  making  the  transfer,  delivery  or 
supply  and  a  purchase  of  those  goods  by  the  person  to  whom  such 
transfer, delivery or supply is made;

(30) "Union territory" means any Union territory specified in the 
First  Schedule  and  includes  any  other  territory  comprised  within  the 
territory of India but not specified in that Schedule.

367. **Interpretation.**—(1)  Unless  the  context  otherwise  requires,  the 
General Clauses Act, 1897, shall, subject to any adaptations and modifications 
that may be made therein under article 372, apply for the interpretation of this 
Constitution as it applies for the interpretation of an Act of the Legislature of 
the Dominion of India.

(2) Any  reference  in  this  Constitution  to  Acts  or  laws  of,  or  made  by, 
Parliament, or to Acts or laws of, or made by, the Legislature of a State, 
shall  be  construed  as  including  a  reference  to  an  Ordinance  made  by  the 
President or, to an Ordinance made by a Governor, as the case may be.

(3) For the purposes of this Constitution “foreign State” means any State 
other than India: 

Provided that, subject to the provisions of any law made by Parliament, 
the President may by order declare any State not to be a foreign State for such 
purposes as may be specified in the order.

368. **Power  of  Parliament  to  amend  the  Constitution  and 
procedure therefor.**— (1) Notwithstanding  anything  in  this  Constitution, 
Parliament may in exercise of its constituent power amend by way of addition, 
variation  or  repeal  any  provision  of  this  Constitution  in  accordance  with  the 
procedure laid down in this article.

(2) An amendment of this Constitution may be initiated only by the 
introduction of a Bill for the purpose in either House of Parliament, and when 
the Bill is passed in each House by a majority of the total membership of that 
House  and  by  a  majority  of  not  less  than  two-thirds  of  the  members  of  that 
House present and voting, it shall be presented to the President who shall give 
his  assent to the Bill and thereupon the  Constitution  shall  stand  amended  in 
accordance with the terms of the Bill: 

Provided that if such amendment seeks to make any change in— 

  (a) article 54, article 55, article 73, 5[ article 162, article 241 or article 
279A]; or 

  (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or 

  (c) any of the Lists in the Seventh Schedule; or 

  (d) the representation of States in Parliament; or 

  (e) the provisions of this article, 

the amendment  shall  also require to be ratified by the Legislatures of not less 
than one-half of the States by  resolutions  to  that  effect  passed  by  those 
Legislatures before the Bill making provision for such amendment is presented 
to the President for assent. 

(3) Nothing in article 13 shall apply to any amendment made under this 
article.

[^3][(4) No    amendment    of    this    Constitution  (including  the  provisions  of 
Part III) made or purporting to have been made under this article [whether before 
or  after  the  commencement  of  section  55  of  the  Constitution  (Forty-second 
Amendment) Act, 1976] shall be called in question in any court on any ground.

(5) For the removal of doubts, it is hereby declared that there shall be no 
limitation whatever on the constituent power of Parliament to amend by way of 
addition, variation or repeal the provisions of this Constitution under this article.]

 

[^3]. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977). 

This  section has been  declared invalid by the Supreme Court in  Minerva Mills Ltd. 
and Others Vs. Union of India and Others AIR 1980 SC 1789. 



##PART XXI 

###TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369. **Temporary  power  to  Parliament  to  make  laws with  respect  to 
certain matters in the State List as if they were matters in the Concurrent 
List.**—Notwithstanding anything in  this  Constitution, Parliament shall, during 
a period of five years from the commencement of this Constitution, have power 
to make laws with respect to the following matters as if they were enumerated 
in the Concurrent List, namely:— 

	(a) trade and commerce within a State in, and the production, supply 
and  distribution  of,  cotton  and  woollen  textiles,  raw  cotton  (including 
ginned  cotton  and  unginned  cotton  or  kapas),  cotton  seed,  paper 
(including  newsprint),  food-stuffs  (including  edible  oilseeds  and  oil), 
cattle  fodder  (including  oil-cakes  and  other  concentrates),  coal 
(including coke and derivatives of coal), iron, steel and mica; 

	(b) offences  against  laws  with  respect  to  any  of  the  matters 
mentioned in clause (a), jurisdiction and powers of all courts except the 
Supreme Court with respect to any of those matters, and fees in respect 
of any of those matters but not including fees taken in any court, 

but  any  law  made  by  Parliament,  which  Parliament  would  not  but  for  the 
provisions of this article have been competent to make, shall, to the extent of the 
incompetency, cease to have effect on the expiration of the said period, except as 
respects things done or omitted to be done before the expiration thereof.



[^1][370. **Temporary  provisions  with  respect    to  the  State  of  Jammu 
and Kashmir.**—(1) Notwithstanding anything in this Constitution,— 

  (a) the provisions of article  238  shall  not  apply  in  relation  to  the  State  of  
Jammu and Kashmir; 

  (b) the power of Parliament to  make  laws  for  the  said  State  shall  be  limited 
to— 

    (i) those matters  in  the  Union  List  and    the  Concurrent  List  which,  in 
consultation with the Government  of the State, are declared by the President 
to  correspond  to  matters  specified  in  the  Instrument  of  Accession  governing 
the accession of the State to the Dominion  of India as the matters with respect 
to which the Dominion Legislature may make laws for that State; and 

______________________________________________ 
[^1]. In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of 
article  370  of  the  Constitution  of  India,  the  President,  on  the  recommendation  of 
Parliament, is pleased to declare that, as from the 6th August, 2019 all clauses of said 
article 370 shall cease to be operative except the following which shall read as under, 
namely:—  

“370.  All  provisions  of  this  Constitution,  as  amended  from  time  to  time, 
without  any  modifications  or  exceptions,  shall  apply  to  the  State  of  Jammu  and 
Kashmir notwithstanding anything contrary contained in article 152 or article 308 or 
any  other  article  of  this  Constitution  or  any  other  provision  of  the  Constitution  of 
Jammu and Kashmir or any law, document, judgment, ordinance, order, by-law, rule, 
regulation,  notification,  custom  or  usage  having  the  force  of  law  in  the  territory  of 
India, or any other instrument, treaty or agreement as envisaged under article 363 or 
otherwise.”. 

[See Appendix III (C.O.273)]. 

* In exercise of the powers conferred by clause (3) of the Constitution of India, the 
President, on the recommendation of the Constituent Assembly of the State of Jammu 
and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 
shall be operative with the modification that for the Explanation in cl. (1) thereof, the 
following Explanation is substituted, namely:— 

“*Explanation*.–  For  the  purposes  of  this  article,  the  Government  of  the  State 
means  the  person  for  the  time  being  recognised  by  the  President  on  the 
recommendation of the Legislative Assembly of the State as the *Sadar-I Riyasat of 
Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for 
the time being in office.”. 

(C.O. 44, dated the 15th November, 1952). 

    *Now “Governor”.

(ii) such other matters in the said Lists as, with the concurrence 
of the Government of the State, the President may by order specify. 

*Explanation*.—For    the      purposes      of        this      article,      the 
Government of the State means the person for the time  being recognised 
by the President as the Maharaja of Jammu  and Kashmir acting on the 
advice of the Council of  Ministers for the time being in office under the 
Maharaja’s Proclamation dated the fifth day of March, 1948; 

	(c) the provisions of article 1 and of this article shall apply in relation 
to that State; 

	(d) such of the other provisions  of  this  Constitution  shall  apply  in 
relation to that State subject to such exceptions and modifications as the 
President may by order[^4] specify: 

Provided that no such order which relates to the matters specified in the 
Instrument    of  Accession    of  the  State  referred  to  in  paragraph  (i)  of         
sub-clause  (b)  shall  be  issued  except  in  consultation  with  the  Government  of 
the State: 

Provided  further  that  no  such  order  which  relates  to  matters  other  than 
those  referred  to  in  the  last preceding  proviso  shall  be  issued  except  with  the 
concurrence of that Government. 

(2) If the concurrence of the Government of the State referred to in 
paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to 
sub-clause (d) of that clause be given before the Constituent Assembly for the 
purpose of framing the Constitution  of the State is convened, it shall be placed 
before such Assembly for such decision  as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article, 
the President may, by public notification, declare that this article shall cease to 
be operative or shall be operative only with such exceptions and modifications 
and from such date as  he may specify: 

Provided that the recommendation of the Constituent Assembly of the 
State referred  to  in  clause  (2)  shall  be  necessary  before  the  President  issues 
such a notification. 



[^4] See the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) in 
Appendix  II.  The  Constitution  (Application  to  Jammu  and  Kashmir)  Order,  1954 
(C.O.48) stands superseded vide C.O.272 (w.e.f.5-8-2019). 



371. **Special provision with respect to the States of Maharashtra and Gujarat.**—

(2) Notwithstanding anything in this Constitution, the President may by 
order made with respect to the State of Maharashtra or Gujarat, provide for 
any special responsibility of the Governor for— 

(a) the  establishment  of  separate  development  boards  for  Vidarbha, 
Marathwada, and the rest of Maharashtra or, as the case may be, 
Saurashtra, Kutch and the rest of Gujarat with the provision that a report 
on the working of  each of these boards will be placed each year before 
the State Legislative Assembly; 

(b)  the  equitable  allocation  of  funds  for  developmental  expenditure 
over the said areas, subject to the requirements of the State as a whole; 
and 

(c) an equitable arrangement providing adequate facilities for 
technical education and vocational training, and adequate opportunities 
for employment in services under the control of the State Government, in 
respect of all the said areas, subject to the requirements of the State as a 
whole.

371A. **Special provision with respect to the State of Nagaland.**—(1) 
Notwithstanding anything in this Constitution,— 

  (a) no Act of Parliament in respect of— 

    (i) religious or social practices of the Nagas, 
    (ii) Naga customary law and procedure, 
    (iii) administration  of  civil  and  criminal  justice  involving 
decisions according to Naga customary law, 
    (iv) ownership and transfer of land and its resources, 

shall apply to the State of Nagaland unless the Legislative Assembly of   
Nagaland by a resolution so decides; 

  (b) the  Governor  of  Nagaland  shall  have  special  responsibility  with 
respect  to  law  and  order  in  the State  of  Nagaland  for  so  long as  in  his 
opinion internal disturbances occurring in the Naga Hills-Tuensang Area 
immediately before the formation of that State continue therein  or in any 
part thereof and in the discharge of  his  functions in relation thereto the 
Governor shall, after consulting the Council of Ministers, exercise his 
individual judgment as to the action to be taken: 

Provided  that  if  any  question arises whether any matter is or is 
not a matter as respects which the Governor is under this sub-clause 
required to act in the exercise of his individual judgment, the decision of 
the Governor in his discretion shall be final, and the validity of 
anything  done  by  the  Governor  shall  not  be  called  in  question  on  the 
ground  that  he  ought  or  ought  not  to  have  acted  in  the  exercise  of  his 
individual judgment: 

Provided further that if the President on receipt  of a report from 
the Governor or otherwise is  satisfied that it  is  no longer necessary  for 
the Governor to have special responsibility with respect to law and order 
in the State of Nagaland, he may by order direct that the Governor shall 
cease to have  such responsibility  with effect  from such date as  may be 
specified in the order; 

  (c) in making his recommendation with respect to any demand for a 
grant, the Governor of Nagaland shall ensure that any money provided 
by the Government of India out of  the Consolidated Fund of  India for 
any  specific  service  or  purpose  is  included  in  the  demand  for  a  grant 
relating to that service or purpose and not in any other demand; 

  (d) as  from  such  date  as  the  Governor  of  Nagaland  may  by  public 
notification  in  this  behalf  specify,  there  shall  be  established  a  regional 
council for the Tuensang district consisting  of thirty-five members and 
the Governor shall in his discretion make rules providing for— 

    (i) the  composition  of  the  regional  council  and  the  manner  in 
which the members of the regional council shall be chosen: 

    Provided that  the  Deputy  Commissioner  of  the  Tuensang 
district  shall be the Chairman  ex officio of the regional council and 
the  Vice-Chairman  of  the  regional  council  shall  be  elected  by  the 
members thereof from amongst themselves; 

    (ii) the qualifications for being chosen as, and for being, 
members of the regional council; 

    (iii) the term of office of, and the salaries and allowances, if any, 
to be paid to members of, the regional council; 

    (iv) the procedure and conduct of business of the regional council; 
    (v) the appointment  of officers and staff of the regional council 
and their conditions of services; and 

    (vi)  any  other  matter in respect  of  which it is necessary to  make 
rules for the constitution and proper functioning of the regional council. 

(2) Notwithstanding  anything  in  this  Constitution,  for  a  period  of  ten 
years from the date of the formation of the State of Nagaland or for such further 
period as the Governor may, on the recommendation of the regional council, by 
public notification specify in this behalf,— 

  (a) the administration of the Tuensang district shall be carried on by 
the Governor; 

  (b) where any money is provided by the Government of India to the 
Government  of  Nagaland  to  meet  the  requirements  of  the  State  of 
Nagaland as a whole, the Governor shall in his discretion arrange for an 
equitable allocation of that money between the Tuensang district and the 
rest of the State; 

  (c) no Act of the Legislature of Nagaland shall apply to Tuensang 
district  unless  the  Governor,  on  the  recommendation  of  the  regional 
council, by public notification so directs and the Governor in giving such 
direction with respect to any such Act may direct that the Act shall in its 
application  to  the  Tuensang  district  or  any  part  thereof  have  effect 
subject to such exceptions or modifications as the Governor may specify 
on the recommendation of the regional council: 

Provided  that  any  direction  given  under  this  sub-clause  may  be 
given so as to have retrospective effect; 

  (d) the Governor may make regulations for the peace, progress and good 
government of the Tuensang district and any regulations so made may repeal 
or amend with retrospective effect, if necessary, any Act of Parliament or any 
other law which is for the time being applicable to that district; 

  (e)  (i)  one of  the  members  representing  the  Tuensang  district  in  the 
Legislative  Assembly  of  Nagaland  shall  be  appointed  Minister  for 
Tuensang  affairs  by  the  Governor  on  the  advice  of  the  Chief  Minister 
and  the  Chief  Minister  in  tendering  his  advice  shall  act  on  the 
recommendation of the majority of the members as aforesaid[^1]; 

______________________________________________ 
[^1]. Paragraph  2  of  the  Constitution  (Removal  of  Difficulties)  Order  No.  X    provides 
(w.e.f. 1-12-1963) that article 371A of the Constitution of India shall have effect as if 
the  following  proviso  were  added  to  paragraph  (i)  of  sub-clause    (e)  of  clause  (2) 
thereof, namely:— 

"Provided that the Governor may, on the advice of the Chief Minister, appoint 
any person as Minister for Tuensang affairs to act as such until such time as persons 
are chosen in accordance with law to fill the seats allocated to the Tuensang district, in 
the Legislative Assembly of Nagaland.".



    (ii)  the  Minister  for  Tuensang  affairs  shall  deal  with,  and  have 
direct  access  to  the  Governor  on,  all  matters  relating  to  the  Tuensang 
district but he shall keep the Chief Minister informed about the same; 

  (f)  notwithstanding  anything  in  the  foregoing  provisions  of  this 
clause, the final decision on all matters relating to the Tuensang district 
shall be made by the Governor in his discretion; 

  (g) in articles 54 and 55 and clause (4) of article 80, references to the 
elected members of the Legislative Assembly of a State or to each such 
member  shall  include  references  to  the  members  or  member  of  the 
Legislative  Assembly  of  Nagaland  elected  by  the  regional  council 
established under this article; 

  (h) in article 170— 

    (i) clause (1) shall, in relation to the Legislative Assembly of 
Nagaland, have effect as if for the word “sixty”, the word “forty-
six” had been substituted; 

    (ii)  in  the  said  clause,  the  reference  to  direct  election  from 
territorial constituencies in the State shall include election by the 
members of the regional council established under this article; 

    (iii) in clauses (2) and (3), references to territorial 
constituencies shall mean references to territorial constituencies in 
the Kohima and Mokokchung districts. 

(3) If  any  difficulty  arises  in  giving  effect  to  any  of  the  foregoing 
provisions  of  this  article,  the  President  may  by  order  do  anything  (including 
any adaptation or modification of any other article) which appears to him to be 
necessary for the purpose of removing that difficulty: 

Provided  that  no  such  order shall  be  made  after  the  expiration  of  three 
years from the date of the formation of the State of Nagaland. 

*Explanation.*—In  this  article,  the  Kohima,  Mokokchung  and  Tuensang 
districts shall have the same meanings as in the State of Nagaland Act, 1962.

371B. **Special provision with respect to the State of Assam.**—
Notwithstanding  anything  in  this  Constitution,  the  President  may,  by  order 
made  with  respect  to  the  State  of  Assam,  provide  for  the  constitution  and 
functions of a committee of the Legislative Assembly of the State consisting of 
members of that Assembly elected from the tribal areas specified in Part I of 
the table appended to paragraph 20 of the Sixth Schedule and such number of 
other members  of  that  Assembly  as  may be  specified in the order and for the 
modifications  to  be  made  in  the  rules  of  procedure  of  that  Assembly  for  the 
constitution and proper functioning of such committee.

371C. **Special  provision  with  respect  to  the  State  of  Manipur.**—(1) 
Notwithstanding anything in this Constitution, the President may, by order made 
with respect to the State of Manipur, provide for the constitution and functions of 
a committee  of the Legislative Assembly of the State  consisting of members of 
that Assembly elected from the Hill Areas of that State, for the modifications to 
be made in the rules of business of the Government and in the rules of procedure 
of the Legislative Assembly of the State and for any special responsibility of the 
Governor in order to secure the proper functioning of such committee.

(2) The Governor shall annually, or whenever so required by the President, 
make a report  to the President  regarding the  administration of the  Hill  Areas in 
the  State  of  Manipur  and  the  executive  power  of  the  Union  shall  extend  to  the 
giving of directions to the State as to the administration of the said areas.

*Explanation.*—In this article, the expression “Hill Areas” means such 
areas as the President may, by order, declare to be Hill areas.

371D. **Special  provisions  with  respect  to the  State  of  Andhra 
Pradesh or the State of Telangana**.—(1) The President may by  order made 
with respect  to the State of Andhra Pradesh or the State of  Telangana, provide, 
having  regard  to  the  requirement  of  each  State,  for  equitable  opportunities  and 
facilities  for  the  people  belonging  to  different  parts  of  such  State,  in  the  matter 
of public  employment  and  in  the  matter  of  education,  and  different  provisions 
may be made for various parts of the States.

(2) An order made under clause (1) may, in particular,— 

  (a) require the  State Government to organise  any  class or classes  of 
posts in a civil service of, or any class or classes of civil posts under, the 
State  into different local cadres for different parts of the State and allot 
in accordance with such principles and procedure as may be specified in 
the order the persons holding such posts to the local cadres so organised; 

  (b) specify  any  part  or parts of the State which  shall be regarded as 
the local area— 

    (i) for direct recruitment to posts in any local cadre (whether 
organised in pursuance of an order under this article or constituted 
otherwise) under the State Government; 

    (ii) for direct recruitment to posts in any cadre under any local 
authority within the State; and  

    (iii) for the purposes of admission to any University within the 
State or to any other educational institution which is subject to the 
control of the State Government; 

  (c) specify  the  extent  to  which,  the  manner  in  which  and  the 
conditions subject  to  which, preference or reservation shall be given or 
made— 

    (i) in the matter of direct recruitment to posts in any such cadre 
referred to in sub-clause (b) as may be  specified in this behalf in 
the order; 

    (ii) in the matter of admission to any such University or other 
educational  institution  referred  to  in  sub-clause  (b)  as  may  be 
specified in this behalf in the order, 

to or in favour of candidates who have resided or studied for any period 
specified  in  the  order  in  the  local  area  in  respect  of  such  cadre, 
University or other educational institution, as the case may be. 

  (3) The President may, by order, provide for the constitution of an 
Administrative Tribunal for the State of Andhra Pradesh and for the State of 
Telangana to  exercise  such  jurisdiction,  powers  and  authority [including any 
jurisdiction, power and authority which immediately before the commencement 
of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by 
any court (other than the Supreme Court) or by any tribunal or other authority] 
as  may  be  specified  in  the  order  with  respect  to  the  following  matters, 
namely:— 

  (a) appointment, allotment or promotion to such class or classes of 
posts in any civil service of the State, or to such class or classes of civil 
posts  under  the  State,  or  to  such  class  or  classes  of  posts  under  the 
control of any local authority within the State, as may be specified in the 
order; 

  (b) seniority of persons appointed, allotted or promoted to such class 
or  classes  of  posts  in  any  civil  service  of  the  State,  or  to  such  class  or 
classes of civil posts under the State, or to such class or classes of posts 
under  the  control  of  any  local  authority  within  the  State,  as  may  be 
specified in the order; 

  (c) such other conditions of service of persons appointed, allotted or 
promoted to such class or classes of posts in any civil service of the State 
or to such class or classes of civil posts under the State or to such class 
or  classes  of  posts  under  the  control  of  any  local  authority  within  the 
State, as may be specified in the order. 

(4) An order made under clause (3) may— 

  (a) authorise  the  Administrative  Tribunal  to  receive  representations 
for the redress of grievances relating to any matter within its jurisdiction 
as  the  President  may  specify  in  the  order  and  to  make  such  orders 
thereon as the Administrative Tribunal deems fit; 

  (b) contain such provisions with respect to the powers and authorities 
and procedure of the Administrative Tribunal (including provisions with 
respect  to  the  powers  of  the  Administrative  Tribunal  to  punish  for 
contempt of itself) as the President may deem necessary; 

  (c) provide for the transfer to the Administrative Tribunal of such 
classes  of  proceedings,  being  proceedings  relating  to  matters  within  its 
jurisdiction and pending before any court (other than the Supreme Court) 
or tribunal or other authority immediately before the commencement of 
such order, as may be specified in the order; 

  (d) contain such supplemental, incidental and consequential 
provisions (including provisions as to fees and as to limitation, evidence 
or  for  the  application  of  any  law  for  the  time  being  in  force  subject  to 
any exceptions or modifications) as the President may deem necessary.

[^1](5) The  Order  of  the  Administrative  Tribunal  finally  disposing  of  any 
case shall become effective upon its confirmation by the State Government or 
on  the  expiry  of  three  months  from  the  date  on  which  the  order  is  made, 
whichever is earlier: 

Provided  that  the  State  Government  may,  by  special  order  made  in 
writing and for reasons to be specified therein, modify or annul any order of the 
Administrative  Tribunal  before  it  becomes  effective  and  in  such  a  case,  the 
order  of  the  Administrative  Tribunal  shall  have  effect  only  in  such  modified 
form or be of no effect, as the case may be. 

(6) Every special order made by the State Government under the proviso 
to  clause  (5)  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  both 
Houses of the State Legislature. 

(7) The  High  Court  for  the  State  shall  not  have  any  powers  of 
superintendence over the Administrative Tribunal and no court (other than the 
Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in 
respect  of  any  matter  subject  to  the  jurisdiction,  power  or  authority  of,  or  in 
relation to, the Administrative Tribunal. 

(8) If  the  President  is  satisfied  that  the  continued  existence  of  the 
Administrative  Tribunal  is  not  necessary,  the  President  may  by  order  abolish 
the Administrative Tribunal and make such provisions in such order as he may 
deem  fit  for  the  transfer  and  disposal  of  cases  pending  before  the  Tribunal 
immediately before such abolition. 

(9) Notwithstanding any judgment, decree or order of any court, tribunal 
or other authority,— 

  (a) no appointment, posting, promotion or transfer of any person— 

    (i) made  before  the  1st  day  of  November,  1956,  to  any  post 
under the Government of, or any local authority within, the State 
of Hyderabad as it existed before that date; or 

    (ii) made  before  the  commencement  of  the  Constitution 
(Thirty-second  Amendment)  Act,  1973,  to  any  post  under  the 
Government of, or any local or other authority within, the State of 
Andhra Pradesh; and 

  (b) no action taken or thing done by or before any person referred to 
in sub-clause (a), 


[^1] In P. Sambamurthy and Others Vs. State of Andhra Pradesh and Others (1987) 
1 S.C.C. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso to 
be unconstitutional and void.




shall  be  deemed  to  be  illegal  or  void  or  ever  to  have  become  illegal  or  void 
merely  on  the  ground  that  the  appointment,  posting,  promotion  or  transfer  of 
such person was not made in accordance with any law, then in force, providing 
for  any  requirement  as  to  residence  within  the  State  of  Hyderabad  or,  as  the 
case may be, within any part of the State of Andhra Pradesh, in respect of such 
appointment, posting, promotion or transfer.

(10) The provisions of this article and of any order made by the 
President thereunder shall have effect notwithstanding anything in any other 
provision of this Constitution or in any other law for the time being in force.

371E. **Establishment  of  Central  University  in  Andhra  Pradesh.**— 
Parliament  may  by  law  provide  for  the  establishment  of  a  University  in  the 
State of Andhra Pradesh.

371F. **Special provisions with respect to the State of Sikkim.**—
Notwithstanding anything in this Constitution,— 

  (a) the Legislative Assembly of the State of Sikkim shall consist of 
not less than thirty members; 

  (b)  as  from  the  date  of  commencement  of  the  Constitution  (Thirty-
sixth Amendment)  Act,  1975 (hereafter in this  article referred to as the 
appointed day)— 

    (i) the Assembly for Sikkim formed as a result of the elections 
held in Sikkim in April, 1974 with thirty-two members elected in the 
said elections (hereinafter referred to as the sitting members) shall be 
deemed  to  be  the  Legislative  Assembly  of  the  State of  Sikkim  duly 
constituted under this Constitution; 

    (ii) the  sitting  members  shall  be  deemed  to  be the  members  of 
the  Legislative  Assembly  of  the  State  of  Sikkim  duly  elected  under 
this Constitution; and 

    (iii) the  said  Legislative  Assembly  of  the  State  of  Sikkim  shall 
exercise  the  powers  and  perform  the  functions  of  the  Legislative 
Assembly of a State under this Constitution; 

  (c)  in  the  case  of  the  Assembly  deemed  to  be  the  Legislative 
Assembly of the State of Sikkim under clause (b), the references to the 
period of five years, in clause (1) of article 172 shall be construed as 
references to a period of four years and the said period of four years 
shall be deemed to commence from the appointed day; 

  (d) until other provisions are made by Parliament by law, there shall 
be allotted to the State of Sikkim one seat in the House of the People and 
the  State  of  Sikkim  shall  form  one  parliamentary  constituency  to  be 
called the parliamentary constituency for Sikkim; 

  (e)  the  representative  of  the  State  of  Sikkim  in  the  House  of  the 
People  in  existence  on  the  appointed  day  shall  be  elected  by  the 
members of the Legislative Assembly of the State of Sikkim; 

  (f)  Parliament  may,  for  the  purpose  of  protecting  the  rights  and 
interests  of  the  different  sections  of  the  population  of  Sikkim  make 
provision  for  the  number  of  seats  in  the  Legislative  Assembly  of  the 
State  of  Sikkim  which  may  be  filled  by  candidates  belonging  to  such 
sections  and  for  the  delimitation  of  the  assembly  constituencies  from 
which candidates belonging to such sections alone may stand for election 
to the Legislative Assembly of the State of Sikkim; 

  (g) the Governor of Sikkim shall have special responsibility for peace 
and  for  an  equitable  arrangement  for  ensuring  the  social  and  economic 
advancement of different sections of the population of Sikkim and in the 
discharge of his special responsibility under this clause, the Governor of 
Sikkim shall, subject to such directions as the President may, from time 
to time, deem fit to issue, act in his discretion; 

  (h)  all  property  and  assets  (whether  within  or  outside  the  territories 
comprised in the State of Sikkim) which immediately before the appointed 
day were vested in the Government of Sikkim or in any other authority or 
in any person for the purposes of the Government of Sikkim shall, as from 
the appointed day, vest in the Government of the State of Sikkim; 

  (i) the  High  Court  functioning  as  such  immediately  before  the 
appointed day in the territories comprised in the State of Sikkim shall, on 
and  from  the  appointed  day,  be  deemed  to  be  the  High  Court  for  the 
State of Sikkim; 

  (j) all courts of civil, criminal and revenue jurisdiction, all authorities and 
all officers, judicial, executive and ministerial, throughout the territory of the 
State  of  Sikkim  shall  continue  on  and  from  the  appointed  day  to  exercise 
their respective functions subject to the provisions of this Constitution; 

  (k) all  laws  in  force  immediately  before  the  appointed  day  in  the 
territories  comprised  in  the  State  of  Sikkim  or  any  part  thereof  shall 
continue to be in force therein until amended or repealed by a competent 
Legislature or other competent authority; 

  (l) for the purpose of facilitating the application of any such law as is 
referred  to  in clause  (k) in relation to  the administration of  the State of 
Sikkim  and  for  the  purpose  of  bringing  the provisions of  any  such  law 
into  accord  with  the  provisions  of  this  Constitution,  the President  may, 
within  two  years  from  the  appointed  day,  by  order,  make  such 
adaptations  and  modifications  of  the  law,  whether  by  way  of  repeal  or 
amendment,  as  may  be  necessary  or  expedient,  and  thereupon,  every 
such law shall have effect subject to the adaptations and modifications so 
made, and any such adaptation or modification shall not be questioned in 
any court of law; 

  (m) neither  the  Supreme  Court  nor  any  other  court  shall  have 
jurisdiction in  respect  of  any  dispute  or other  matter  arising  out  of  any 
treaty,  agreement,  engagement  or  other  similar  instrument  relating  to 
Sikkim which was entered into or executed before the appointed day and 
to which the Government of India or any of its predecessor Governments 
was  a  party,  but  nothing  in  this  clause  shall  be  construed  to  derogate 
from the provisions of article 143; 

  (n) the President may, by public notification, extend with such restrictions 
or modifications as he thinks fit to the State of Sikkim any enactment which 
is in force in a State in India at the date of the notification; 

  (o) if any difficulty arises in giving effect to any of the foregoing 
provisions of this article, the President may, by order, do  anything 
(including  any  adaptation  or  modification  of  any  other  article)  which 
appears  to  him  to  be  necessary  for  the  purpose  of  removing  that 
difficulty: 

Provided that no such order shall be made after the expiry of two 
years from the appointed day; 

  (p) all things done and all actions taken in or in relation to the State 
of  Sikkim  or  the  territories  comprised  therein  during  the  period 
commencing  on  the  appointed  day  and  ending  immediately  before  the 
date  on  which  the  Constitution  (Thirty-sixth  Amendment)  Act,  1975, 
receives  the  assent  of  the  President  shall,  in  so  far  as  they  are  in 
conformity  with  the  provisions  of  this  Constitution  as  amended  by  the 
Constitution  (Thirty-sixth  Amendment)  Act,  1975,  be  deemed  for  all 
purposes to have been validly done or taken under this Constitution as so 
amended.

371G. **Special  provision  with  respect  to  the  State  of  Mizoram.**—
Notwithstanding anything in this Constitution,— 

  (a) no Act of Parliament in respect of— 

    (i) religious or social practices of the Mizos, 
    (ii) Mizo customary law and procedure, 
    (iii)  administration  of  civil  and  criminal  justice  involving 
decisions according to Mizo customary law, 
    (iv) ownership and transfer of land, 

shall apply to  the State of Mizoram unless the Legislative Assembly of 
the State of Mizoram by a resolution so decides: 

Provided that nothing in this clause shall apply to any Central Act in 
force  in  the  Union  territory  of  Mizoram  immediately  before  the 
commencement of the Constitution (Fifty-third Amendment) Act, 1986; 

(b) the Legislative Assembly of the State of Mizoram shall consist of 
not less than forty members.

371H. **Special provision with respect to the State of Arunachal Pradesh.**—
Notwithstanding anything in this Constitution,— 

  (a) the  Governor  of  Arunachal  Pradesh  shall  have  special 
responsibility  with  respect  to  law  and  order  in  the  State  of  Arunachal 
Pradesh  and  in  the  discharge  of  his  functions  in  relation  thereto,  the 
Governor  shall,  after  consulting  the  Council  of  Ministers,  exercise  his 
individual judgment as to the action to be taken: 

Provided that if any question arises whether any matter is or is not a 
matter as respects which the Governor is under this clause required to act 
in the exercise of his individual judgment, the decision of the Governor in 
his  discretion  shall  be  final,  and  the  validity  of  anything  done  by  the 
Governor  shall  not  be  called  in  question  on  the  ground  that  he  ought  or 
ought not to have acted in the exercise of his individual judgment: 

Provided  further  that  if  the President on  receipt of  a report  from 
the Governor or otherwise  is satisfied that it  is no  longer necessary  for 
the Governor to have special responsibility with respect to law and order 
in  the  State  of  Arunachal  Pradesh,  he  may  by  order  direct  that  the 
Governor  shall  cease  to  have  such  responsibility  with  effect  from  such 
date as may be specified in the order; 

(b)  the  Legislative  Assembly  of  the  State  of  Arunachal  Pradesh 
shall consist of not less than thirty members.

371-I. **Special  provision  with  respect  to  the  State  of  Goa.**—
Notwithstanding anything in this Constitution, the Legislative Assembly of the 
State of Goa shall consist of not less than thirty members.

371J. **Special provisions with respect to the State of Karnataka.**— 
(1) The President may, by order made with respect to the State of Karnataka, 
provide for any special responsibility of the Governor for— 

  (a) establishment of a separate development board for Hyderabad-
Karnataka region with the provision that a report on the working of the 
board will be placed each year before the State Legislative Assembly;  

  (b) equitable  allocation  of  funds  for  developmental  expenditure 
over the said region, subject  to the requirements of the State as a whole; 
and  

  (c) equitable opportunities and facilities for the people belonging 
to  the  said  region,  in  matters  of  public  employment,  education  and 
vocational training, subject to the requirements of the State as a whole. 

(2) An order made under sub- clause (c) of clause (1) may provide for— 

  (a) reservation of a proportion of  seats educational and vocational 
training institutions in the Hyderabad-Karnataka region for students who 
belong to that region by birth or by domicile; and 

  (b) identification of posts or classes of posts under the State 
Government and in any body or organisation under the control of the 
State Government in the Hyderabad-Karnataka region and reservation of 
a proportion of such posts for persons who belong to that region by birth 
or by  domicile  and  for  appointment  thereto  by  direct  recruitment  or  by 
promotion or in any other manner as may be specified in the order.

372. **Continuance in force of existing laws and their adaptation.**—(1) 
Notwithstanding the repeal by this Constitution of the enactments referred to in 
article 395 but subject to the other provisions of this Constitution, all the law in 
force  in  the  territory  of  India  immediately  before  the  commencement  of  this 
Constitution shall continue in force therein until altered or repealed or amended 
by a competent Legislature or other competent authority. 

(2) For the purpose of bringing the provisions of any law in force in the 
territory  of  India  into  accord  with  the  provisions  of  this  Constitution,  the 
President may by order make such adaptations and modifications of such law, 
whether by way of repeal or amendment, as may be necessary or expedient, and 
provide that the law shall, as from such date as may be specified in the order, 
have effect subject to the adaptations and modifications so made, and any such 
adaptation or modification shall not be questioned in any court of law. 

(3) Nothing in clause (2) shall be deemed— 

  (a) to empower the President to make any adaptation or 
modification of any law after the expiration of three years from the 
commencement of this Constitution; or 

  (b) to prevent any competent Legislature or other competent 
authority from repealing or amending any law adapted or modified by 
the President under the said clause. 

*Explanation I.*—The  expression  “law  in  force”  in  this  article  shall 
include a law passed or made by a Legislature or other competent authority in 
the  territory  of  India  before  the  commencement  of  this  Constitution  and  not 
previously  repealed,  notwithstanding  that  it  or  parts  of  it  may  not  be  then  in 
operation either at all or in particular areas.

*Explanation II.*—Any  law  passed  or  made  by  a  Legislature  or  other 
competent  authority  in  the  territory  of  India  which  immediately  before  the 
commencement of this Constitution had extra-territorial effect as well as effect 
in the territory of India shall, subject to any such adaptations and modifications 
as aforesaid, continue to have such extra-territorial effect. 

*Explanation III.*—Nothing in this article shall be construed as continuing 
any temporary law in force beyond the date fixed for its expiration or the date 
on which it would have expired if this Constitution had  not come into force. 

*Explanation IV.*—An  Ordinance  promulgated  by  the  Governor  of  a 
Province under section 88 of the Government of India Act, 1935, and in force 
immediately  before  the  commencement  of  this  Constitution  shall,  unless 
withdrawn by the Governor of the corresponding State earlier, cease to operate 
at the expiration of six weeks from the first meeting after such commencement 
of the Legislative Assembly of that State functioning under clause (1) of article 
382,  and    nothing  in  this  article  shall  be  construed  as  continuing  any  such 
Ordinance in force beyond the said period.

372A. **Power of the President to adapt laws.**—(1) For the purposes 
of  bringing the  provisions  of  any  law  in  force  in  India  or  in  any  part  thereof, 
immediately  before the  commencement  of the Constitution (Seventh 
Amendment) Act, 1956, into accord with the provisions of this Constitution as 
amended by that Act, the President may by order made before the first day of 
November, 1957, make such adaptations and modifications of the law, whether 
by way of repeal or amendment, as may be necessary or expedient, and provide 
that  the  law  shall,  as  from  such  date  as  may  be    specified  in  the  order,  have 
effect  subject  to  the  adaptations  and  modifications  so  made,  and  any  such 
adaptation or modification shall not be questioned in any court of law.

(2)  Nothing  in  clause  (1)  shall  be  deemed  to    prevent  a  competent 
Legislature or other competent  authority  from  repealing or amending any law 
adapted or modified by the President  under the said clause.

373. **Power  of  President  to  make  order  in  respect  of  persons  under 
preventive detention in certain cases.**—Until provision is made by Parliament 
under  clause  (7)  of  article  22,  or  until  the  expiration  of  one  year  from  the 
commencement of this Constitution, whichever  is earlier, the said  article shall 
have effect as if for any reference to Parliament in clauses (4) and (7) thereof 
there were substituted a reference to the President and for any reference to any 
law made by Parliament in those clauses there were substituted a reference to 
an order made by the President. 

374. **Provisions  as  to  Judges  of  the  Federal  Court  and  proceedings 
pending in the Federal Court or before His Majesty in Council.**—(1)  The 
Judges  of the  Federal  Court  holding  office immediately  before the 
commencement of this Constitution shall, unless they have elected otherwise, 
become on such commencement the Judges of the Supreme Court and shall 
thereupon be entitled to such salaries and allowances and to such rights in 
respect of leave of absence and pension as are provided for under article 125 in 
respect of the Judges of the Supreme Court. 

(2)  All  suits,  appeals  and  proceedings,  civil  or  criminal,  pending  in  the 
Federal Court at the commencement of this Constitution shall stand removed to 
the  Supreme  Court,  and  the  Supreme  Court  shall  have  jurisdiction  to  hear  and 
determine the same, and the judgments and  orders of the Federal Court delivered 
or made before the  commencement of this Constitution shall have the same force 
and effect as if they had been delivered or made by the Supreme Court. 

(3) Nothing in this Constitution shall operate to invalidate the exercise of 
jurisdiction by His Majesty in Council to dispose of appeals and petitions from, 
or in respect of, any judgment, decree or order of any court within the territory 
of India in so far as the exercise of such jurisdiction is authorised by law, and 
any order of His Majesty in Council made on any such appeal or petition after 
the commencement of this Constitution shall for all purposes have effect as if it 
were  an  order  or  decree  made  by  the  Supreme  Court  in  the  exercise  of  the  
jurisdiction conferred on such Court by this Constitution. 

(4) On and from the commencement of this Constitution the jurisdiction of 
the authority functioning as the Privy Council in a State specified in Part B of the 
First Schedule to entertain and dispose of appeals and petitions from or in respect 
of any judgment, decree or order of any court within that State shall cease, and all 
appeals  and  other  proceedings  pending  before  the  said  authority  at  such 
commencement shall be transferred to, and disposed of by, the Supreme Court.

(5) Further provision may be made by Parliament by law to give effect to 
the provisions of this article.

375. **Courts,  authorities  and officers  to continue  to function subject 
to the provisions of the Constitution.**—All  courts  of  civil,  criminal  and 
revenue  jurisdiction,  all  authorities  and  all  officers,  judicial,  executive  and 
ministerial,  throughout  the  territory  of  India,  shall  continue  to  exercise  their 
respective functions subject to the provisions of this Constitution. 

376. **Provisions as to Judges of High Courts.**—(1)  Notwithstanding 
anything  in  clause  (2)  of  article  217,  the  Judges  of  a  High  Court  in  any 
Province  holding  office  immediately  before  the  commencement  of  this 
Constitution  shall,  unless  they  have  elected  otherwise,  become  on  such 
commencement  the  Judges  of  the  High  Court  in  the corresponding  State,  and 
shall thereupon be entitled to such salaries and allowances and to such rights in  
respect of leave of absence and pension as are provided for under article 221 in 
respect  of  the  Judges  of  such  High  Court. Any such  Judge  shall, 
notwithstanding that he is not a citizen of India, be eligible for appointment as 
Chief  Justice  of  such  High  Court,  or  as  Chief  Justice  or  other  Judge  of  any 
other High Court.

(2) The Judges of a High Court in any Indian State corresponding to any 
State  specified  in  Part  B  of  the  First  Schedule  holding  office  immediately 
before  the  commencement  of  this  Constitution  shall,  unless  they  have  elected 
otherwise, become on such commencement the Judges of the High Court in the 
State so specified and shall, notwithstanding anything in clauses  (1) and (2) of 
article 217 but subject to the proviso to clause (1) of that article, continue to hold 
office until the expiration of such period as the President may by order determine.

(3) In this article, the expression “Judge” does not include an acting Judge 
or an additional Judge. 

377. **Provisions as to Comptroller and Auditor-General  of India.**—The 
Auditor-General of India holding office immediately before the commencement of 
this  Constitution  shall,  unless    he  has  elected  otherwise,  become  on  such 
commencement the Comptroller and Auditor-General of India and shall thereupon 
be  entitled  to  such  salaries  and  to  such  rights  in  respect  of  leave  of  absence  and 
pension  as  are  provided  for  under  clause  (3)  of  article  148  in  respect  of  the 
Comptroller and Auditor-General of India and be entitled to continue to hold office 
until the expiration of his term of office as determined under the provisions which 
were applicable to him immediately before such commencement.

378. **Provisions as to Public Service Commissions.**—(1)  The  members 
of  the  Public  Service  Commission  for  the  Dominion  of  India  holding  office 
immediately  before  the  commencement  of  this  Constitution  shall,  unless  they 
have  elected  otherwise,  become  on  such  commencement  the  members  of  the 
Public Service Commission for the Union and shall, notwithstanding anything in 
clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that 
article,  continue  to  hold  office  until  the  expiration  of  their  term  of  office  as 
determined  under  the  rules  which  were  applicable  immediately  before  such 
commencement to such members.

(2)  The  Members  of  a  Public  Service  Commission  of  a  Province  or  of  a 
Public  Service  Commission  serving  the  needs  of  a  group  of  Provinces  holding 
office immediately before the commencement of this Constitution shall, unless they 
have elected otherwise, become on such commencement the members of the Public 
Service Commission for the corresponding State or the members of the Joint State 
Public Service Commission  serving the needs of the corresponding States, as the 
case  may  be,  and  shall,  notwithstanding  anything  in  clauses  (1)  and  (2)  of  article 
316 but subject to the proviso to clause (2) of that article, continue to hold office 
until the expiration of their term of office as determined under the rules which  were 
applicable immediately before such commencement to such members. 

378A. **Special provision as to duration of Andhra Pradesh 
Legislative Assembly.**—Notwithstanding  anything  contained  in  article  172,  the 
Legislative  Assembly  of  the  State  of  Andhra  Pradesh  as  constituted  under  the 
provisions  of  sections  28  and  29  of  the  States  Reorganisation  Act,  1956,  shall, 
unless sooner dissolved, continue for a period of five years from the date referred 
to in the said section 29 and no longer and the expiration of the said period shall 
operate as a dissolution of that Legislative Assembly.

379. [*Provisions  as  to  provisional  Parliament  and  the  Speaker  and 
Deputy Speaker thereof.].—Omitted by the Constitution (Seventh Amendment) 
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)*.

380. *[Provision as to President.].—Omitted by the Constitution (Seventh 
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

381. *[Council  of  Ministers  of the  President.].—Omitted  by the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

382. *[Provisions as to provisional Legislatures for States in Part A of the 
First  Schedule.].—Omitted  by  the  Constitution  (Seventh  Amendment)  Act, 
1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

383. *[Provision as to Governors of Provinces.].—Omitted by the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

384. *[Council  of  Ministers  of  the  Governors.].—Omitted  by  the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

385. *[Provision as to provisional Legislatures in States in Part B of the 
First  Schedule.].—Omitted  by  the  Constitution  (Seventh  Amendment)  Act, 
1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

386. *[Council of Ministers for  States in Part B of the First Schedule.].— 
Omitted  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch. 
(w.e.f. 1-11-1956).*

387. *[Special provision as to determination of population for the 
purposes of certain elections.].—Omitted  by  the  Constitution  (Seventh 
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

388. *[Provisions as to the filling of casual vacancies in the  provisional 
Parliament  and    provisional  Legislatures  of  the  States.].—Omitted  by  the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

389. *[Provision as to Bills pending in the Dominion Legislatures and  in 
the  Legislatures  of Provinces  and  Indian  States.]  Omitted by the  Constitution 
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

390. *[Money  received  or  raised  or  expenditure  incurred  between  the 
commencement of the Constitution and the 31st day of March, 1950.—Omitted 
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-
1956).*

391. *[Power of the President to amend the First and Fourth Schedules in 
certain  contingencies.].—Omitted  by  the  Constitution  (Seventh  Amendment) 
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).*

392. **Power of the President to remove difficulties.**—(1) The President 
may, for the purpose of removing any difficulties, particularly in relation to the 
transition  from  the  provisions  of  the  Government  of  India  Act,  1935,  to  the 
provisions  of  this  Constitution,  by  order  direct  that  this  Constitution  shall, 
during such period as may be specified in the order, have effect subject to such 
adaptations, whether by way of  modification, addition or omission, as he may 
deem to be necessary or expedient: 

Provided  that  no  such  order  shall  be  made  after  the  first  meeting  of 
Parliament duly constituted under Chapter II of Part V. 

(2) Every order made under clause (1) shall be laid before Parliament. 

(3) The powers conferred on the President by this article, by article 324, by 
clause (3) of article 367 and by article 391 shall, before the commencement of this 
Constitution, be exercisable by the Governor-General of the Dominion of India. 

 
##PART XXII 

###SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS 

393. **Short title.**—This Constitution may be called the Constitution of 
India. 

394. **Commencement.**—This article and articles 5, 6, 7, 8, 9, 60,  324, 
366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and 
the  remaining  provisions  of  this  Constitution  shall  come  into  force  on  the 
twenty-sixth day of January, 1950, which day is referred to in this Constitution 
as the commencement of this Constitution.

394A. **Authoritative text in the Hindi language.**—(1) The President 
shall cause to be published under his authority,— 

  (a) the  translation  of  this  Constitution  in  the  Hindi  language, 
signed  by  the  members  of  the  Constituent  Assembly,  with  such 
modifications  as  may  be  necessary  to  bring  it  in  conformity  with  the 
language,  style  and  terminology  adopted  in  the  authoritative  texts  of 
Central  Acts  in  the  Hindi  language,  and  incorporating  therein  all  the 
amendments of this Constitution made before such publication; and 

  (b) the  translation  in  the  Hindi  language  of  every  amendment  of 
this Constitution made in the English language. 

(2) The translation of this Constitution and of every amendment thereof 
published under clause (1) shall be construed to have the same meaning as  the 
original  thereof  and  if  any  difficulty  arises  in  so  construing  any  part  of  such 
translation, the President shall cause the same to be revised suitably.

(3) The translation of this Constitution and of every amendment thereof 
published under this article shall be deemed to be, for all purposes, the 
authoritative text thereof in the Hindi language.

395. **Repeals.**—The Indian Independence Act, 1947, and the 
Government of India Act, 1935, together with all enactments amending or 
supplementing the latter Act, but not including the Abolition of Privy Council 
Jurisdiction Act, 1949, are hereby repealed.



##FIRST SCHEDULE 

[Articles 1 and 4] 

###I. THE STATES 
 
Name 

1. 
Pradesh 

Andhra 

2. Assam 

Territories 

immediately 

territories  which 

2[The territories specified in sub-section (1) of section 3 of 
the Andhra State Act, 1953, sub-section (1) of section 3 of  
the States Reorganisation Act, 1956, the First Schedule to 
the Andhra Pradesh and Madras (Alteration of Boundaries) 
Act,  1959,  and  the  Schedule  to  the  Andhra  Pradesh  and 
Mysore  (Transfer  of  Territory)  Act,  1968,  but  excluding 
the  territories  specified  in  the  Second  Schedule  to  the 
Andhra  Pradesh  and  Madras  (Alteration  of  Boundaries) 
Act, 1959] 3[and the territories specified in section 3 of 
the Andhra Pradesh Reorganisation Act, 2014]. 
the 
The 
commencement of this Constitution were comprised in the 
Province of Assam, the Khasi States and the Assam Tribal 
Areas,  but  excluding  the  territories  specified  in  the 
Schedule  to  the  Assam  (Alteration  of  Boundaries)  Act, 
1951  4[and  the  territories  specified  in  sub-section  (1)  of 
section  3  of  the  State  of  Nagaland  Act,  1962]  5[and  the 
territories  specified  in  sections  5,  6  and  7  of  the  North-
Eastern  Areas  (Reorganisation)  Act,  1971]  6[and  the 
territories referred to in Part I of the Second Schedule to 
the  Constitution  (One  Hundredth  Amendment)  Act, 
2015, notwithstanding anything contained in  clause (a) 
of  section  3  of  the  Constitution  (Ninth  Amendment) 
Act, 1960, so far as it relates to the territories referred to 
in  Part  I  of  the  Second  Schedule  to  the  Constitution 
(One Hundredth Amendment) Act, 2015.] 

before 

______________________________________________ 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch. (w.e.f. 1-11-1956). 
2. Subs. by the  Andhra Pradesh and  Mysore (Transfer of  Territory)  Act, 1968 (36 of  1968), s. 4,  

for the former entry (w.e.f. 1-10-1968). 

3. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014).  
4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).   
5. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).  
6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015). For 

the text of the Act, see Appendix I. 

253

 
 
 
 
254

THE CONSTITUTION OF  INDIA 

Name 

3. Bihar 

3[4. Gujarat 

5. Kerala 

Madhya 

6. 
Pradesh 

(First Schedule) 

Territories 

territories  which 

1[The 
immediately  before 
the 
commencement  of 
this  Constitution  were  either 
comprised  in  the  Province  of  Bihar  or  were  being 
administered  as  if  they  formed  part  of  that    Province 
and the territories specified  in clause (a) of sub-section 
(1)  of  section  3  of  the  Bihar  and  Uttar  Pradesh 
(Alteration of Boundaries) Act, 1968, but excluding the 
territories specified in sub-section (1) of section 3 of the 
Bihar  and  West  Bengal  (Transfer  of  Territories)  Act, 
1956,  and  the  territories  specified  in  clause  (b)  of     
sub-section  (1)  of  section  3  of  the  first  mentioned  Act 
2[and  the  territories  specified  in  section  3  of  the  Bihar 
Reorganisation  Act, 2000].] 
The territories referred to in sub-section (1) of section 3 of 
the Bombay Reorganisation Act, 1960.] 
The  territories  specified  in  sub-section  (1) of  section  5 
of the States Reorganisation Act, 1956. 
The territories specified in sub-section (1) of   section 9 of 
the  States  Reorganisation  Act,  1956  4[and  the  First 
Schedule to  the  Rajasthan  and Madhya Pradesh (Transfer 
of  Territories)  Act,  1959],  5[but  excluding  the  territories 
specified 
the  Madhya  Pradesh 
in 
Reorganisation Act, 2000.] 

section  3  of 

______________________________________________ 
1.  Subs.  by  the  Bihar  and  Uttar  Pradesh  (Alteration  of  Boundaries)  Act,  1968            

(24 of 1968), s. 4, for the former entry (w.e.f. 10-6-1970). 

2.  Added  by  the  Bihar  Reorganisation    Act,  2000  (30  of  2000),  s.  5  (w.e.f.  15-11-

2000). 

3. Subs. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 
4.  Ins.  by  the  Rajasthan  and  Madhya  Pradesh  (Transfer  of  Territories)  Act,  1959        

(47 of 1959), s. 4 (w.e.f. 1-10-1959).  

5.  Added  by  the  Madhya  Pradesh  Reorganisation    Act,  2000  (28  of  2000),  s.  5                     

(w.e.f. 1-11-2000). 

 
         
 
255

THE CONSTITUTION OF  INDIA 

Name 

1[7. Tamil Nadu]

4[8. Maharashtra 

5[6[9.] 
Karnataka] 

(First Schedule) 

Territories 

before 

immediately 

territories  which 

the 
The 
commencement  of 
this  Constitution  were  either 
comprised  in  the  Province    of  Madras  or  were  being 
administered as  if they formed part of that Province and 
the  territories  specified  in  section  4  of  the  States 
Reorganisation  Act, 1956, 2[and the Second Schedule to 
the  Andhra  Pradesh  and  Madras 
(Alteration  of 
Boundaries)  Act,  1959],  but  excluding  the  territories 
specified  in  sub-section  (1)  of  section  3  and  sub-section 
(1) of section 4 of the  Andhra State Act, 1953 and  3[the 
territories  specified  in  clause  (b)  of  sub-section  (1)  of 
section  5,  section  6  and  clause  (d)  of  sub-section  (1)  of 
section 7 of the States Reorganisation  Act, 1956 and the 
territories  specified  in  the  First  Schedule  to  the  Andhra 
Pradesh  and  Madras  (Alteration  of  Boundaries)  Act, 
1959.] 
The  territories  specified  in  sub-section  (1) of  section  8 
of  the  States  Reorganisation  Act,  1956,  but  excluding 
the territories referred to in sub-section (1) of section 3 
of the Bombay Reorganisation Act, 1960.] 
The  territories  specified  in  sub-section  (1) of  section  7 
of  the  States  Reorganisation  Act,  1956  7[but  excluding 
the  territory  specified  in  the  Schedule  to  the  Andhra 
Pradesh and Mysore (Transfer of Territory) Act, 1968.] 

______________________________________________ 
1.  Subs.  by  the  Madras  State  (Alteration  of  Name)  Act,  1968  (53  of  1968),  s.  5,        

for  "7. Madras" (w.e.f. 14-1-1969). 

2.  Ins.  by  the  Andhra  Pradesh  and  Madras  (Alteration  of  Boundaries)  Act,  1959        

(56 of 1959), s. 6 (w.e.f. 1-4-1960). 

3. Subs. by s. 6,  ibid., for certain words (w.e.f. 1-4-1960). 
4. Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 
5.  Subs.  by  the  Mysore  State  (Alteration  of Name)  Act,  1973  (31  of  1973),  s.  5,  for    

"9. Mysore" (w.e.f. 1-11-1973). 

6. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation  Act, 

1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 

7.  Ins.  by  the  Andhra  Pradesh  and  Mysore  (Transfer  of  Territory)  Act,  1968              

(36 of 1968), s. 4 (w.e.f. 1-10-1968).  

 
         
 
 
 
256

THE CONSTITUTION OF  INDIA 

Name 

1[10.] 2[Odisha] 

1[11.]  Punjab

1[12.] 
Rajasthan 

(First Schedule) 

Territories 

immediately 

territories  which 

The 
the 
commencement of this Constitution were either comprised 
in the Province of Orissa or were being administered as if 
they formed part of that Province. 

before 

The  territories  specified    in  section  11  of  the  States 
Reorganisation  Act,  1956  3[and  the  territories  referred 
to  in  Part  II  of  the  First  Schedule  to  the  Acquired 
Territories  (Merger)  Act,  1960]  4[but  excluding  the 
territories referred to in Part II of the First Schedule to 
the  Constitution  (Ninth  Amendment)  Act,  1960]  5[and 
the  territories  specified  in  sub-section  (1)  of  section  3, 
section 4 and sub-section (1) of section 5 of the Punjab 
Reorganisation Act, 1966.] 

The  territories  specified  in  section  10  of  the  States 
Reorganisation Act, 1956 6[but excluding the territories 
specified  in  the  First  Schedule  to  the  Rajasthan  and 
Madhya Pradesh (Transfer of Territories) Act, 1959]. 

______________________________________________ 
1. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 

1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 

2.  Subs.  by  the  Orissa  (Alteration  of  Name)  Act,  2011  (15  of  2011),  s.  6,  for  "Orissa"      

(w.e.f. 1-11-2011). 

3.  Ins.  by  the  Acquired  Territories  (Merger)  Act,  1960  (64  of  1960),  s.  4                

(w.e.f. 17-1-1961).  

4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961). 
5.  Added  by  the  Punjab  Reorganisation  Act,  1966  (31  of  1966),  s.  7  (w.e.f.  1-11-

1966). 

6. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 

1959), s. 4 (w.e.f. 1-10-1959). 

 
         
 
 
 
257

THE CONSTITUTION OF  INDIA 

Name 
1[13.] 
Pradesh 

Uttar  

1[14.]  West 
Bengal 

(First Schedule) 

Territories 

territories  which 

 2[The 
immediately  before 
the 
commencement  of 
this  Constitution  were  either 
comprised  in  the  Province  known  as  the  United  
Provinces or were being administered as if they formed 
part  of  that  Province,  the territories  specified  in  clause 
(b) of sub-section (1) of section 3 of the Bihar and Uttar 
Pradesh  (Alteration  of  Boundaries)  Act,  1968,  and  the 
territories  specified  in  clause  (b)  of  sub-section  (1)  of 
section 4 of the Haryana and  Uttar Pradesh  (Alteration 
of  Boundaries)  Act,  1979,  but  excluding  the  territories 
specified in clause (a) of sub-section (1) of section 3 of 
the Bihar and  Uttar Pradesh (Alteration of Boundaries) 
Act, 1968, 3[and the territories specified in section 3 of 
the  Uttar  Pradesh  Reorganisation  Act,  2000]  and  the 
territories  specified  in  clause  (a)  of  sub-section  (1)  of 
section 4 of the Haryana and  Uttar Pradesh  (Alteration 
of Boundaries) Act, 1979.] 
immediately  before 
the 
The 
territories  which 
commencement  of 
this  Constitution  were  either 
comprised  in  the  Province  of  West  Bengal  or  were 
being  administered  as  if  they  formed  part  of  that 
Province and the territory of Chandernagore as defined 
in clause (c) of section 2 of the Chandernagore (Merger) 
Act,  1954  and  also  the  territories  specified 
sub-section  (1)  of  section  3  of  the  Bihar  and  West 
Bengal (Transfer of Territories) Act, 1956 4[and also the 
territories referred to in Part III of the First Schedule but 
excluding  the  territories  referred  to  in  Part  III  of  the 
Second  Schedule  to  the  Constitution  (One  Hundredth 
Amendment)  Act,  2015,  notwithstanding  anything 
contained  in  clause  (c)  of  section  3  of  the  Constitution 
(Ninth Amendment) Act, 1960, so far  as it relates to the 
territories referred to in Part III of the First Schedule and 
the  territories  referred  to  in  Part  III  of  the  Second 
Schedule 
(One  Hundredth 
to 
Amendment) Act, 2015.] 

the  Constitution 

in            

______________________________________________ 
1. Entries  8  to 14  renumbered as entries 9 to 15 by the  the Bombay Reorganisation  Act, 

1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 

2.  Subs.  by  the  Haryana  and  Uttar  Pradesh  (Alteration  of  Boundaries)  Act,  1979  (31  of 

1979), s. 5, for the entry against "13. Uttar Pradesh" (w.e.f. 15-9-1983). 

3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5  (w.e.f. 9-11-2000). 
4.  Added  by 

the  Constitution  (One  Hundredth  Amendment)  Act,  2015,  s.  3                   

(w.e.f. 31-7-2015). For the text of the Act see Appendix I.  

 
         
 
  
 
258

THE CONSTITUTION OF  INDIA 

Name 

1[2[**  
3[4[15.] 
Nagaland 
 3[5[16.] 
Haryana   

  3[7[17.] 
Himachal 
Pradesh 

3[8[18.] 
Manipur 

(First Schedule) 

Territories 

   *                            *                          *]] 
The  territories  specified  in  sub-section  (1) of  section  3 
of the State of Nagaland Act, 1962.] 
6[The territories specified in sub-section (1) of section 3 
of  the  Punjab  Reorganisation  Act,  1966  and  the 
territories  specified  in  clause  (a)  of  sub-section  (1)  of 
section  4 of the Haryana and Uttar Pradesh (Alteration 
of  Boundaries)  Act,  1979,  but  excluding  the  territories 
specified in clause (v) of  sub-section (1) of section 4 of 
that Act.]] 
immediately  before 
the 
The 
commencement  of 
this  Constitution  were  being 
administered  as  if  they  were  Chief  Commissioners’ 
Provinces  under  the  names  of    Himachal  Pradesh  and 
Bilaspur and the territories specified  in sub-section (1) 
of section 5 of the Punjab Reorganisation Act, 1966.] 
the 
The 
commencement  of 
this  Constitution  was  being 
administered  as  if  it  were  a  Chief  Commissioner’s 
Province under the name of Manipur.] 

territories  which 

territory  which 

immediately 

before 

______________________________________________ 
1.  **Entry  15    relating  to  Jammu  and  Kashmir deleted  by  the  Jammu  and  Kashmir  

Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 

2.  Entries  8  to  14  renumbered  as  9  to 15  by  the  Bombay  Reorganisation   Act,  1960   

(11 of 1960), s. 4 (w.e.f. 1-5-1960). 

3.  Entries  16  to  29  renumbered  as  entries  15  to  28  by  the  Jammu  and  Kashmir  

Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 

4  Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963). 
5.  Ins. by  the Punjab  Reorganisation Act,  1966  (31  of 1966),  s. 7  (w.e.f.  1-11-1966) 
and  the  entry  therein  subsequently  amended  by  the  Haryana  and  Uttar  Pradesh 
(Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983). 

6.  Subs.  by  the  Haryana  and  Uttar  Pradesh  (Alteration  of  Boundaries)  Act,  1979        

(31 of 1979), s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983). 

7. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971). 
8.  Ins.  by  the  North-Eastern  Areas  (Reorganisation)  Act,  1971  (81  of  1971),  s.  9   

(w.e.f. 21-1-1972). 

 
         
 
259

THE CONSTITUTION OF  INDIA 

Name 

1[19.]  Tripura

(First Schedule) 

Territories 

before 

immediately 

territory  which 

the 
The 
commencement  of 
this  Constitution  was  being 
administered  as  if  it  were  a  Chief  Commissioner’s 
Province  under  the  name  of  Tripura  2[and  the  territories 
referred  to  in  Part  II  of  the  First  Schedule  to  the 
Constitution  (One  Hundredth  Amendment)  Act,  2015, 
notwithstanding  anything  contained  in  clause  (d)  of 
section  3  of  the  Constitution  (Ninth  Amendment)  Act, 
1960, so far as  it  relates  to the territories referred to in 
Part  II  of  the  First  Schedule  to  the  Constitution  (One 
Hundredth Amendment) Act, 2015.] 

1[20.] Meghalaya 

1[3[21.] Sikkim 

1[4[22.] Mizoram 

1[5[23.]  Arunachal 
Pradesh 
1[6[24.] Goa 

The  territories  specified  in  section  5  of  the  North-Eastern 
Areas (Reorganisation) Act, 1971] 2[and the territories referred to 
in  Part  I  of  the  First  Schedule  but  excluding  the  territories 
referred to in Part II of the Second Schedule to the Constitution 
(One Hundredth Amendment) Act, 2015.] 

The  territories  which  immediately  before  the  commencement  of 
the  Constitution  (Thirty-sixth  Amendment)  Act,  1975,  were 
comprised in Sikkim.] 

The  territories  specified  in  section  6  of  the  North-Eastern 
Areas (Reorganisation) Act, 1971.] 

The  territories  specified  in  section  7  of  the  North-Eastern 
Areas (Reorganisation) Act, 1971.] 

The  territories  specified  in  section 3 of   the  Goa,  Daman  and 
Diu Reorganisation Act, 1987.] 

______________________________________________ 
1.  Entries  16  to  29  renumbered  as  entries  15  to  28  by  the    Jammu  and  Kashmir  

Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 

2.  Added  by  the    Constitution  (One  Hundredth  Amendment)  Act,  2015,  s.  3          

(w.e.f. 31-7-2015). For the text of the Act, see Appendix I. 

3. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975). 
4. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987). 
5. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987). 
6.  Ins.  by  the  Goa,  Daman  and  Diu  Reorganisation  Act,  1987  (18  of  1987),  s.  5     

(w.e.f. 30-5-1987). 

 
         
 
 
 
260

THE CONSTITUTION OF  INDIA 

Name 

1[2[25.] Chhattisgarh 

1[3[26.] 4[Uttarakhand] 

1[5[27.] Jharkhand  

1[6[28.] Telangana 

Name 

1. Delhi 

            *   

7[* 
8[2.] The Andaman 
and Nicobar 
Islands   

(First Schedule) 

Territories 

The  territories  specified  in  section  3  of  the  Madhya 
Pradesh Reorganisation Act, 2000.] 
The territories specified in section 3 of the Uttar Pradesh    
Reorganisation Act, 2000.] 
The  territories  specified  in  section  3  of  the  Bihar 
Reorganisation Act, 2000.] 
The  territories  specified  in  section  3  of  the  Andhra 
Pradesh Reorganisation Act, 2014.] 

II. THE UNION TERRITORIES 

Extent 

territory  which 

The 
the 
commencement of this Constitution was comprised in the 
Chief Commissioner’s Province of Delhi. 

immediately 

before 

    * 

             *                     *]   

territory  which 

The 
the 
commencement of  this Constitution was comprised in 
the  Chief    Commissioner’s  Province    of      the    
Andaman    and  Nicobar Islands.       

immediately  before 

______________________________________________ 
1.  Entries  16  to  29  renumbered  as  entries  15  to  28  by  the    Jammu  and  Kashmir  

Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 

2.  Added  by  the  Madhya  Pradesh  Reorganisation  Act,  2000  (28  of  2000),  s.  5           

(w.e.f. 1-11-2000). 

3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000). 
4. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the 

word "Uttaranchal" (w.e.f. 1-1-2007). 

5.  Added  by  the  Bihar  Reorganisation  Act,  2000  (30  of  2000),  s.  5  (w.e.f.  15-11-

2000). 

6. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) , s. 10 
    (w.e.f. 2-6-2014).   
7.  Entry  2  relating  to  Himachal  Pradesh  omitted  and  entries  3  to  10  renumbered  as 
entries 2 to 9 respectively by the State of Himachal Pradesh Act, 1970 (53 of 1970), 
s. 4     (w.e.f. 25-1-1971) and subsequently entries relating to Manipur and Tripura 
(i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971 
(81 of 1971) s. 9  (w.e.f. 21-1-1972). 

8.  Entries  4  to  9  renumbered  as  entries  2  to  7  by  the  North-Eastern  Areas 

(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). 

 
         
 
261

THE CONSTITUTION OF  INDIA 

(First Schedule) 

Name 

Territories 

1[3.] 2[Lakshadweep]  The  territory  specified  in  section  6  of  the  States   

Reorganisation Act, 1956. 

3[1[4.] Dadra and 

Nagar Haveli 
and Daman 
and Diu   

The  territory    which    immediately    before      the 
eleventh  day  of  August,  1961  was  comprised  in 
Free Dadra  and    Nagar  Haveli and the territories 
specified  in  section  4  of  the  Goa,  Daman  and  Diu 
Reorganisation Act, 1987.] 

*                        *                       *                      *] 

4[1[*] 3[ 
5[1[6.] 6[Puducherry]  The 

territories  which 

immediately  before 

the   

sixteenth  day  of  August,  1962,  were  comprised  in 
the  French  Establishments  in  India  known  as 
Pondicherry, Karikal, Mahe and Yanam.] 

7[1[7.] Chandigarh 

The  territories  specified  in  section  4  of  the  Punjab  
Reorganisation Act, 1966.] 

______________________________________________ 
1.  Entries  4  to  9    renumbered    as  entries  2  to  7  (respectively)  by  the  North-Eastern 

Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). 

2.  Subs. by  the Laccadive,  Minicoy  and  Amindivi Islands (Alteration  of Name)  Act, 

1973  (34  of  1973),  s.  5,  for  "The  Laccadive,  Minicoy  and  Amindivi  Islands"     
(w.e.f. 1-11-1973). 

3.  Entry  4  relating  to  Dadra  and  Nagar  Haveli  was  ins.  by  the  Constitution  (Tenth 
Amendment  )  Act,  1961,  s.  2  (w.e.f.  11-8-1961)  and  subsequently  subs.  by  the 
Dadra  and  Nagar  Haveli  and  Daman  and  Diu  (Merger  of  Union  territories)  Act, 
2019 (44 of 2019), s. 5, for entries 4 and 5 (w.e.f. 26-1-2020).  

4. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 5, for 

entry 5 (w.e.f. 30-5-1987). 

5. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (with retrospective 

effect). 

6.    Subs.  by  the  Pondicherry  (Alteration  of  Name)  Act,  2006  (44  of  2006),  s.  5  for 

"Pondicherry" (w.e.f. 1-10-2006). 

7. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).   

 
         
 
 
 
 
262

THE CONSTITUTION OF  INDIA 

(First Schedule) 

Territories 

            *   
            *   

    * 
    * 

             *                     *]   
             *                     *]   

Name 

1[* 
1[* 

2[8. Jammu and 
Kashmir 
9. Ladakh 

The  territories  specified  in  section  4  of  the Jammu 
and Kashmir Reorganisation Act, 2019. 
The  territories  specified  in  section  3  of  the Jammu 
and Kashmir Reorganisation Act, 2019.] 

______________________________________________ 
1.  Entry  8  relating  to  Mizoram  omitted  and  entry  9  relating  to  Arunachal  Pradesh 

renumbered  as  entry  8  by  the  State  of  Mizoram  Act,  1986  (34  of  1986),  s.  4     
(w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of 
Arunachal Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 20-2-1987). 

2.  Ins.  by  the  Jammu  and  Kashmir  Reorganisation  Act,  2019  (34  of  2019),  s.  6      

(w.e.f. 31-10-2019). 

 
         
 
 
 
SECOND SCHEDULE 

[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221] 

PART A 

PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 

1*** 

1. There shall be paid to the President and to the Governors of the States 

1***  the following emoluments per mensem, that is to say:— 

The President 

               ……                10,000 rupees. 

The Governor of a State      ……    

       5,500 rupees. 

2.  There  shall  also  be  paid  to  the  President  and  to  the  Governors  of  the 
States  2***    such  allowances  as  were  payable  respectively  to  the  Governor-
General  of  the  Dominion  of  India  and  to  the  Governors  of  the corresponding 
Provinces immediately before the commencement of this Constitution. 

3. The President and the Governors of 3[the States] throughout their respective 
terms  of  office  shall  be  entitled  to  the  same  privileges  to  which  the  Governor-
General  and  the  Governors  of  the  corresponding  Provinces  were  respectively 
entitled immediately before the commencement of this Constitution. 

4.  While  the  Vice-President  or  any  other  person    is  discharging  the 
functions  of,  or  is  acting  as,  President,  or  any  person  is  discharging  the 
functions  of  the  Governor,    he  shall  be  entitled  to  the  same  emoluments, 
allowances and privileges as the President or the Governor whose functions he 
discharges or for whom he acts, as the case may be. 

  4*                           *                          *  

          *                         * 

______________________________________________ 
1.  The  words  and  letter  "specified  in  Part  A  of  the  First  Schedule"  omitted  by  the 

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

  Now  five  lakh  rupees,  vide  the  Finance  Act,  2018  (13  of  2018),  s.  137.                   

(w.e.f. 1-1-2016). 

 Now three lakh fifty thousand rupees, by s. 161, ibid. (w.e.f. 1-1-2016). 
2.  The  words  "so  specified"  omitted  by  the  Constitution  (Seventh  Amendment)  Act, 

1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

3. Subs. by s. 29 and Sch., ibid., for "such states" (w.e.f. 1-11-1956). 
4. Part B omitted by  s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 

263

 
264

THE CONSTITUTION OF  INDIA 
(Second Schedule) 

PART  C 

PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE 

OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN 

OF THE COUNCIL OF STATES AND THE SPEAKER AND THE 
1*** 

DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 

AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN 

OF THE LEGISLATIVE COUNCIL OF 

2[A STATE] 

7. There shall be paid to the Speaker of the House of the People and the 
Chairman of the Council of States such salaries and allowances as were payable 
to  the  Speaker  of  the  Constituent  Assembly  of  the  Dominion  of  India 
immediately before the commencement of this Constitution, and there shall be 
paid  to  the  Deputy  Speaker  of  the  House  of  the  People  and  to  the  Deputy 
Chairman of the Council of States such salaries and allowances as were payable 
to the Deputy Speaker of the Constituent Assembly of the Dominion of India 
immediately before such commencement. 

8.  There  shall    be  paid  to  the  Speaker  and  the  Deputy  Speaker  of  the 
Legislative  Assembly  3***  and  to  the  Chairman  and  the Deputy  Chairman  of 
the  Legislative  Council  of  4[a  State]  such  salaries  and  allowances  as  were 
payable respectively to the Speaker and the Deputy Speaker of the Legislative 
Assembly  and  the  President  and  the  Deputy  President  of  the  Legislative 
Council of the corresponding Province immediately before the commencement 
of this Constitution and, where the corresponding Province had no Legislative 
Council  immediately  before  such  commencement,  there  shall  be  paid  to  the 
Chairman  and  the  Deputy  Chairman  of  the  Legislative  Council  of  the  State 
such salaries and allowances as the Governor of the State may determine. 

PART D 
______________________________________________ 
1.  The  words  and  letter  "of  a  State  in  Part  A  of  the  First  Schedule"  omitted  by  the 

Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956). 

2. Subs. by s. 29 and Sch., ibid., for “any such State.” (w.e.f. 1-11-1956). 
3. The words and letter "of a State specified in Part A of the First Schedule" omitted by  

s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 

4. Subs. by s. 29 and Sch., ibid., for "such State" (w.e.f. 1-11-1956). 

265

THE CONSTITUTION OF  INDIA 
(Second Schedule) 

PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE  

HIGH COURTS 

1*** 

9.  (1) There shall be paid to the Judges of the Supreme Court, in respect of 
time spent on actual service, salary at the following rates per mensem, that is to say:— 

The Chief Justice       .. 
Any other Judge         .. 

  2[10,000 rupees.].  
  3[9,000 rupees.].  

Provided  that  if  a  Judge  of  the  Supreme  Court  at  the  time  of  his 
appointment  is  in  receipt  of  a  pension  (other  than  a  disability  or  wound 
pension) in respect of  any previous service under the Government of India or 
any of its predecessor Governments or under the Government of a State or  any 
of its predecessor Governments, his salary in respect of service in the Supreme 
Court 4[shall be reduced— 

(a) by the amount of that pension, and 
(b) if he has, before such appointment, received in lieu of a portion of 
the pension due to him in respect of such previous service the commuted 
value thereof, by the amount of that portion of the pension, and 

(c) if he has, before such appointment, received  a retirement gratuity in 

respect of such previous service, by the pension equivalent of that gratuity.] 
(2) Every Judge of the Supreme Court shall be entitled without payment 

of rent to the use of an official residence. 

(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge 

who, immediately before the commencement of this Constitution,— 

(a) was holding office  as the Chief  Justice of  the Federal Court and 
has  become  on  such  commencement  the  Chief  Justice  of  the  Supreme 

______________________________________________ 
1.  The  words  and  letter  "in  States  in  Part  A  of  the  First  Schedule"  omitted  by  the 

Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956). 

2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "5,000 rupees”  

(w.e.f. 1-4-1986). 

 Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges 

(Salaries  and  Conditions  of  Service)  Amendment    Act,  2018  (10  of  2018),    s.  6     
(w.e.f. 1-1-2016). 

3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees" 

(w.e.f. 1-4-1986). 

  Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges 

(Salaries  and  Conditions  of  Service)  Amendment    Act,  2018  (10  of  2018),    s.  6      
(w.e.f. 1-1-2016). 

4.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  25(b),  for  "shall  be 

reduced by the amount of that pension" (w.e.f. 1-11-1956). 

266

THE CONSTITUTION OF  INDIA 
(Second Schedule) 

Court under  clause (1) of article 374, or 

(b)  was  holding  office  as  any  other  Judge  of  the  Federal  Court  and 
has  on  such  commencement  become  a  Judge  (other  than  the  Chief 
Justice) of the Supreme Court under the said clause, 

during  the  period  he  holds  office  as  such  Chief  Justice  or  other  Judge,  and 
every Judge who so becomes the Chief Justice or other Judge of the Supreme 
Court shall, in  respect of time spent on actual service as such Chief Justice or 
other Judge, as the case may be, be entitled to receive in addition to the salary 
specified  in  sub-paragraph  (1)  of  this  paragraph  as  special  pay  an  amount 
equivalent  to  the  difference  between  the  salary  so  specified  and  the  salary 
which he was drawing immediately before such commencement. 

(4)  Every  Judge  of  the  Supreme  Court  shall  receive  such  reasonable 
allowances to reimburse him for expenses incurred in travelling on duty within 
the  territory  of  India  and  shall  be  afforded  such  reasonable  facilities  in 
connection with travelling as the President may from time to time prescribe. 

(5) The rights in respect of leave of absence (including leave allowances) 
and  pension  of  the  Judges  of  the  Supreme  Court  shall  be  governed  by  the 
provisions which, immediately before the commencement of this Constitution,  
were applicable to the Judges of the Federal Court. 

10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time 

spent on actual service, salary at the following rates per mensem, that is to say,— 

The Chief Justice        .. 
Any other Judge          .. 

      2[9,000 rupees]  
      3[8,000 rupees]:  

Provided that if a Judge of a High Court at the  time of his appointment is in 
receipt  of  a  pension  (other  than  a  disability  or  wound  pension)  in  respect  of  any 

______________________________________________ 
1.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  25(c)(i),  for  sub-

paragraph (1) (w.e.f. 1-11-1956). 

2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees" 

(w.e.f. 1-4-1986). 

  Now  two  lakh  fifty  thousand  rupees,  vide the  High Court  and Supreme  Court  Judges 

(Salaries  and  Conditions  of  Service)  Amendment    Act,  2018  (10  of  2018),  s.  2      
(w.e.f. 1-1-2016). 

3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "3,500 rupees" 

(w.e.f. 1-4-1986). 

 Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court 
Judges (Salaries and Conditions of Service) Amendment  Act, 2018 (10 of 2018), s. 2 
(w.e.f. 1-1-2016). 

267

THE CONSTITUTION OF  INDIA 
(Second Schedule) 

previous  service  under  the  Government  of  India  or  any  of  its  predecessor 
Governments  or  under    the  Government  of  a  State  or  any  of  its  predecessor 
Governments, his salary in respect of service in the High Court shall be reduced— 

(a) by the amount of that pension, and 
(b) if he has, before such appointment, received in lieu of a portion of 
the pension due to him in respect of such previous service the commuted 
value thereof, by the amount of that portion of the pension, and 

(c) if he has, before such appointment, received a retirement gratuity in 
respect  of  such  previous  service,  by  the  pension  equivalent  of  that 
gratuity.] 
(2)  Every  person  who  immediately  before  the  commencement  of  this 

Constitution— 

(a)  was  holding  office  as  the  Chief  Justice  of  a  High  Court  in  any 
Province and has on such commencement become the Chief Justice of the 
High Court in the corresponding State under clause (1) of article 376, or 

(b) was holding office as any other Judge of a High Court in any Province 
and  has  on  such  commencement  become  a  Judge  (other  than  the  Chief 
Justice) of the High Court in the corresponding State under the said clause, 

shall, if he was immediately before such commencement drawing a salary at a 
rate  higher  than  that  specified  in  sub-paragraph  (1)  of  this  paragraph,  be 
entitled  to  receive  in  respect  of  time  spent  on  actual  service  as  such  Chief 
Justice or other Judge, as the case may be, in addition to the salary specified in 
the  said  sub-paragraph  as  special  pay  an  amount  equivalent  to  the  difference 
between  the  salary  so  specified  and  the  salary  which  he  was  drawing 
immediately before such commencement. 

1[(3)  Any  person  who,  immediately  before  the  commencement  of  the 
Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief 
Justice of the High Court of  a State specified in Part B of the First Schedule 
and has on such commencement become the Chief Justice of the High Court of 
a State specified in the said Schedule as amended by the said Act, shall, if he 
was  immediately  before  such  commencement  drawing  any  amount  as 
allowance  in  addition  to  his  salary,  be  entitled  to  receive  in  respect  of  time 
spent on actual service as such Chief Justice, the same amount as allowance in 
addition to the salary specified in sub-paragraph (1) of this paragraph.]. 
11. In this Part, unless the context otherwise requires,— 

(a)  the  expression  “Chief  Justice”  includes  an  acting  Chief  Justice, 

______________________________________________ 
1.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  25(c)(ii),  for  sub-

paragraphs (3) and (4) (w.e.f. 1-11-1956). 

268

THE CONSTITUTION OF  INDIA 
(Second Schedule) 

and a “Judge” includes an ad hoc Judge; 

(b) “actual service” includes— 

(i) time spent by a Judge on duty as a Judge or in the performance 
of  such  other  functions  as  he  may  at  the  request  of  the  President 
undertake to discharge; 

(ii) vacations, excluding any time during which the Judge is absent 

on leave; and 

(iii)  joining  time  on  transfer  from  a  High  Court  to  the  Supreme 

Court or from one High Court to another. 

PART E 
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA 

12.  (1)  There  shall  be  paid  to  the  Comptroller  and  Auditor-General  of 

India a salary at the rate of *four thousand rupees per mensem. 

(2)  The  person  who  was  holding  office  immediately  before  the 
commencement  of  this  Constitution  as  Auditor-General  of  India  and  has 
become on such commencement the Comptroller and Auditor-General of India 
under article 377 shall in addition to the salary specified in sub-paragraph (1) of 
this paragraph be entitled to receive as special pay an amount equivalent to the 
difference between the salary so specified and the salary which he was drawing 
as Auditor-General of India immediately before such commencement. 

(3)  The  rights  in  respect  of  leave  of  absence  and  pension  and  the  other 
conditions  of  service  of  the  Comptroller  and  Auditor-General  of  India  shall  be 
governed or shall continue to be governed, as the case may be, by the provisions 
which  were  applicable  to  the  Auditor-General  of  India  immediately  before  the 
commencement of this Constitution and all references in those provisions to the 
Governor-General shall be construed as references to the President. 

______________________________________________ 
* The  Comptroller  and  Auditor-General  of  India  shall  be  paid  a  salary  equal  to 
the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and 
Auditor  General (Duties,  Powers  and Conditions of Service) Act, 1971 (56 of 
1971)  .    The  salary  of  Judges  of  the  Supreme  Court  has  been  raised  to  two 
lakh  fifty  thousand  rupees  per  mensem  by  the  High  Court  and  Supreme  Court 
Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018),  s.  6    
(w.e.f. 1-1-2016). 

  
THIRD SCHEDULE 
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]  
Forms  of  Oaths  or Affirmations 

I 

Form of oath of office for a Minister for the Union:— 

“I,   A. B.,  do  swear   in   the  name   of   God  that I will bear true faith 
                                  solemnly affirm    

and allegiance to  the  Constitution of India as by law established, 1[that I 
will uphold the sovereignty and integrity of India,]  that I will faithfully 
and conscientiously discharge my duties as a Minister for the Union and 
that  I  will  do  right  to  all  manner  of  people  in  accordance  with  the 
Constitution and the law, without fear or favour, affection or ill-will.” 

II 

Form of oath of secrecy for a Minister for the Union:— 

“I,   A.B.,  do swear  in  the  name  of  God   that  I  will  not  directly  or 

                                        solemnly affirm       

indirectly  communicate  or  reveal  to  any  person  or  persons  any  matter 
which shall be brought under my  consideration or  shall become known 
to me as a Minister for the Union except as may be required for the due 
discharge of my duties as such Minister.” 

2[III 
A 

Form  of  oath  or  affirmation  to  be  made  by  a  candidate  for  election  to 

Parliament:— 

______________________________________________ 
   See  also arts. 84 (a) and 173 (a). 
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 
2. Subs. by s. 5, ibid., for Form III. (w.e.f. 5-10-1963). 

269

 
 
270

THE CONSTITUTION OF  INDIA 
(Third Schedule) 

“I, A.B., having been nominated as a  candidate  to  fill  a  seat in the  
Council  of  States (or  the  House of  the People) do swear in the name of   God    

                               solemnly affirm 

that I will bear true  faith and allegiance to the Constitution of India as 
by law established and that I will uphold the sovereignty and integrity of 
India.” 

B 

Form of oath or affirmation to be made by a member of  Parliament:— 

“I,    A.B.,  having  been  elected    (or    nominated)    a  member  of    the 
Council  of  States  (or  the House of  the People) do swear in  the name of  God   
                                                                                    solemnly affirm 

that I will bear true faith and allegiance to the Constitution of India as by 
law established, that I will uphold the sovereignty and integrity of India 
and  that  I  will  faithfully  discharge  the  duty  upon  which  I  am  about  to 
enter.”] 

IV 

Form  of  oath  or  affirmation  to  be  made  by  the  Judges  of  the  Supreme 

Court and the Comptroller and Auditor-General of India:— 

“I, A.B., having been appointed Chief Justice (or a Judge) of  the 
Supreme  Court  of    India    (or  Comptroller  and  Auditor-General    of  
India)  do  swear  in  the  name  of   God   that  I  will  bear  true  faith  and 
                             solemnly affirm 

faith  and  allegiance  to  the  Constitution  of  India  as  by  law  established, 
1[that  I  will  uphold  the  sovereignty  and  integrity  of  India,]  that  I  will 
duly  and  faithfully  and  to  the  best  of  my  ability,  knowledge  and 
judgment  perform  the  duties  of  my  office  without  fear  or  favour, 
affection or ill-will and that I will uphold the Constitution and the laws.”  

______________________________________________ 
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 

271

THE CONSTITUTION OF  INDIA 
(Third Schedule) 

V 

Form of oath of office for a Minister for a State:— 

“I, A.B.,  do swear  in  the  name  of  God   that  I  will   bear   true  faith    

                                      solemnly affirm 

and allegiance to the Constitution of India as by law established, 1[that I 
will uphold the sovereignty and integrity of India,] that I will faithfully 
and  conscientiously  discharge  my  duties  as  a  Minister  for  the  State  of 
..........and that I will do right to all manner of people in accordance with 
the Constitution and the law without fear or favour, affection or ill-will.” 

VI 

Form of oath of secrecy for a Minister for a State:— 

  “I,  A.B.,  do  swear  in  the  name   of   God  that I  will  not  directly or  
                            solemnly affirm 

indirectly  communicate  or  reveal  to  any  person  or  persons  any  matter 
which shall be brought under my consideration or shall become known to 
me as a Minister for the State of ....................except as may be required for 
the due discharge of my duties as such Minister.”   

2[VII 
A 

Form of oath or affirmation to be made by a candidate for election to the 

Legislature of a State:— 

“I,    A.B.,    having    been    nominated    as    a    candidate    to  fill            
a    seat    in    the    Legislative    Assembly    (or    Legislative    Council),            
do   swear  in the name  of  God   that  I   will   bear   true  faith   and   
            solemnly affirm 

allegiance  to  the Constitution of India as by law established and that I 
will uphold the sovereignty and integrity of India.” 

______________________________________________ 
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 
2. Subs. by  s. 5, ibid., for Form VII (w.e.f. 5-10-1963). 

 
272

THE CONSTITUTION OF  INDIA 
(Third Schedule) 

Form of oath or affirmation to be made by a member of the Legislature 

of a State:— 

B 

“I, A.B., having been elected (or nominated) a member of the Legislative 

Assembly (or Legislative Council), do swear in the name of God  that 

                                                                  solemnly affirm 

I  will  bear true  faith  and  allegiance to the Constitution of India as by 
law  established,  that  I  will  uphold  the  sovereignty  and  integrity  of  India 
and  that  I  will  faithfully  discharge  the  duty  upon  which  I  am  about  to 
enter.”] 

VIII 

Form of oath or affirmation to be made by the Judges of a High Court:— 

  “I, A.B., having  been  appointed Chief Justice (or a Judge) of the High 
Court at (or  of) ……….….. do swear  in  the  name  of  God  that  I will  bear 

                                                  solemnly affirm 

true    faith    and    allegiance  to  the  Constitution  of  India  as  by  law 
established, 1[that I will uphold the sovereignty and integrity of India,] that 
I  will  duly  and  faithfully  and  to  the  best  of  my  ability,  knowledge  and 
judgment perform the duties of my office without fear or favour, affection 
or ill-will and that I will uphold the Constitution and the laws.” 

______________________________________________ 
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 

 
 
 
 
 
 
 
 
1[FOURTH SCHEDULE 
[Articles 4(1) and 80(2)] 
Allocation of seats in the Council of States 

To  each  State  or  Union  territory  specified  in  the  first  column  of    the 
following  table,  there  shall  be  allotted  the  number  of  seats  specified  in  the 
second column thereof opposite to that State or that Union territory, as the case 
may be: 

  1. 
3[2. 
4[3.] 
4[4.] 
6[4[5.] 
7[8[4[6.] 
9[8[4[7.] 
10[8[4[8.] 
8[4[9.] 

TABLE 

Andhra Pradesh  .............................................................2[11] 
Telangana  ................................................................
7] 
Assam  ........................................................................... 7 
Bihar  .............................................................................5[16] 
Jharkhand  ................................................................
6] 
Goa  ...............................................................................1]] 
Gujarat  ..........................................................................11]] 
Haryana .........................................................................5]] 
Kerala  ........................................................................... 9 

______________________________________________ 
1.  Fourth  Schedule  subs.  by  the Constitution  (Seventh  Amendment)  Act, 1956,  s.  3(2), 

for Fourth Schedule (w.e.f. 1-11-1956). 

2.  Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 12, for “18” (w.e.f.  2-6-2014). 
3.  Ins. by s. 12, ibid. (w.e.f.  2-6-2014). 
4.  Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f.  2-6-2014). 
5.  Subs. by the Bihar Reorganisation  Act, 2000 (30 of 2000), s. 7, for "22" (w.e.f. 15-11-2000). 
6.  Ins. by s. 7, ibid. (w.e.f. 15-11-2000). 
7.  Entries 4 to 26 renumbered as entries 5 to 27 respectively and entry “4. Goa…..1” ins. 
by  the  Goa,  Daman  and  Diu  Reorganisation  Act,  1987  (18  of  1987),  s.  6  (a)  and 
(b)(w.e.f. 30-5-1987).  

8.  Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 

(30 of 2000), s. 7 (w.e.f. 15-11-2000). 

9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry "4" (w.e.f. 

1-5-1960). 

10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966). 

273

 
 
 
 
 
 
 
 
 
 
 
274

THE CONSTITUTION OF  INDIA 
(Fourth Schedule) 

1[2[10.]] 
Madhya Pradesh  ...........................................................3[11] 
4[1[2[11.] 
Chhattisgarh  ................................................................ 5]] 
5[1[2[12.] 
Tamil Nadu  ................................................................6[18]] 
7[1[2[13.] 
Maharashtra  ................................................................19]] 
8[1[2[14.] 
12]] 
Karnataka  ................................................................
1[2[15.] 
9[Odisha]  ................................................................
10] 
1[2[16.] 
Punjab  ...........................................................................10[7] 
1[2[17.] 
Rajasthan  ................................................................
10] 
1[2[18.] 
Uttar Pradesh  ................................................................11[31] 
12[1[2[19.] 
13[Uttarakhand] ...............................................................3]] 
1[2[20.] 
West Bengal  ................................................................ 16] 
14[1[2[** 
*        *          * ................................................................*] 
15[16[1[2[21.] 
1]] 
Nagaland  ................................................................
______________________________________________ 
1. Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 

(30 of 2000), s. 7 (w.e.f. 15-11-2000). 

2.  Entries  2  to  30  renumbered  as  entries  3  to  31  respectively  by  the  Andhra  Pradesh 

Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014). 

3.  Subs.  by  the  Madhya  Pradesh  Reorganisation  Act,  2000  (28  of  2000),  s.  7,  for  "16" 

(w.e.f. 1-11-2000).    

4.  Ins. by s. 7, ibid. (w.e.f. 1-11-2000). 
5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8. 

Madras" (renumbered as *11) (w.e.f. 14-1-1969). 

6.  Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 

1959), s. 8, for "17" (w.e.f. 1-4-1960). 

7.  Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960). 
8.  Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for "10. 

Mysore"  (w.e.f. 1-11-1973). 

9.    Subs.  by  the  Orissa  (Alteration  of  Name)  Act,  2011  (15  of  2011),  s.  7  for  "Orissa"    

(w.e.f. 1-11-2011). 

10.  Subs.  by  the  Punjab  Reorganisation  Act,  1966  (31  of  1966),  s.  9  for  "11"            

(w.e.f. 1-11-1966).  

11.  Subs.  by  the  Uttar  Pradesh  Reorganisation  Act,  2000  (29  of  2000),  s.  7  for  "34" 

(w.e.f. 9-11-2000). 

12. Ins. by s. 7, ibid. (w.e.f. 9-11-2000). 
13.  Subs.  by  the  Uttaranchal  (Alteration  of  Name)  Act,  2006  (52  of  2006),  s.  5  for 

"Uttaranchal" (w.e.f. 1-1-2007). 

14.  **  Entry  21  relating  to  Jammu  and  Kashmir  deleted  by  the  Jammu  and  Kashmir 

Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). 

15.  Entries  22  to  31  re-numbered  as  entries  21  to  30,  respectively  by  the  Jammu  and 

Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). 
16. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963). 

 
275

THE CONSTITUTION OF  INDIA 
(Fourth Schedule) 

Himachal Pradesh  ..........................................................3]]] 

1[2[3[4[22.] 
.] 
3[2[4[23.] 
3[2[4[24.] 
3[2[4[25.] 
5[3[2[4[26.] 
6[3[2[4[27.]  Mizoram  ................................................................
7[3[2[4[28.] 
3[2[4[29.] 
3[2[4[30.] 
9[3[2[4[31. 

Manipur  .........................................................................1] 
Tripura  ...........................................................................1]] 
Meghalaya  ................................................................
1]] 
Sikkim ............................................................................1]] 
1]] 
Arunachal Pradesh  .........................................................1]] 
Delhi  ..............................................................................3] 
8[Puducherry]  ................................................................1]] 
Jammu and Kashmir .......................................................4] 
10[233]  
                                 Total 

______________________________________________ 
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971). 
2. Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 
(30 of 2000), s. 7 (w.e.f. 15-11-2000). 
3.  Entries  2  to  30  renumbered  as  entries  3  to  31  respectively  by  the  Andhra  Pradesh 

Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f.  2-6-2014). 

4.  Entries  22  to  31  renumbered  as  entries  21  to  30  respectively  by  the  Jammu  and 

Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). 

5. Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975).  
6. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987). 
7. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987). 

1987). 

8.  Subs.  by  the  Pondicherry  (Alteration  of  Name)  Act,  2006  (44  of  2006)  s.  4,  for 

"Pondicherry" (w.e.f. 1-10-2006). 

9.  Ins.  by  the  Jammu  and  Kashmir  Reorganisation  Act,  2019  (34  of  2019),  s.  8         

(w.e.f. 31-10-2019).  

10. Subs. by  the  Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for 

"232" (w.e.f. 30-5-1987).  

 
 
 
 
 
 
 
FIFTH SCHEDULE 
[Article 244(1)] 
Provisions as to the Administration and Control of Scheduled Areas and 
Scheduled Tribes 
PART A 
GENERAL 

1.  Interpretation.—In  this  Schedule,  unless  the  context  otherwise 

requires,  the  expression  “State”  1***  does  not  include  the  2[States  of  Assam     
3[, 4[Meghalaya, Tripura and Mizoram.]]] 

2.  Executive  power  of  a  State  in  Scheduled  Areas.—Subject  to  the 
provisions  of  this  Schedule,  the  executive  power  of  a  State  extends  to  the 
Scheduled Areas therein. 

3.  Report  by  the  Governor  5***  to  the  President  regarding  the 
administration of Scheduled Areas.—The  Governor 5*** of each State having 
Scheduled Areas therein shall annually, or whenever so required by the President, 
make  a  report  to  the  President  regarding  the  administration  of  the  Scheduled 
Areas  in  that  State  and  the  executive  power  of  the  Union  shall  extend  to  the 
giving of directions to the State as to the administration of the said areas.  

PART B 
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND  
SCHEDULED TRIBES 

4.  Tribes  Advisory  Council.—(1)  There  shall  be  established  in  each 
State  having  Scheduled  Areas  therein  and,  if  the  President  so  directs,  also  in 
any  State  having  Scheduled  Tribes  but  not  Scheduled  Areas  therein,  a  Tribes 
Advisory  Council  consisting  of  not  more  than  twenty  members  of  whom,  as 
nearly  as  may  be,  three-fourths  shall  be  the  representatives  of  the  Scheduled 
Tribes in the Legislative Assembly of the State: 
______________________________________________ 
1.  The  words  and  letters  "means  a  State  specified  in  Part  A  or    Part  B  of  the  First 
Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and 
Sch. (w.e.f. 1-11-1956). 

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for 

"State of Assam" (w.e.f. 21-1-1972).   

3.  Subs.  by  the  Constitution  (Forty-ninth  Amendment)  Act,  1984,  s.  3,  for  "and 

Meghalaya" (w.e.f. 1-4-1985).  

4.  Subs.  by  the  State  of  Mizoram  Act,  1986  (34  of  1986),  s.  39,    for  "Meghalaya  and 

Tripura" (w.e.f. 20-2-1987).  

5.  The  words  "or  Rajpramukh"  omitted by  the Constitution  (Seventh  Amendment) Act, 

1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

276

 
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THE CONSTITUTION OF  INDIA 
(Fifth Schedule) 

Provided that if the number of representatives of the Scheduled Tribes in 
the  Legislative  Assembly  of  the  State  is  less  than  the  number  of  seats  in  the 
Tribes  Advisory  Council  to  be  filled  by  such  representatives,  the  remaining 
seats shall be filled by other members of those tribes. 

(2) It shall be the duty of the Tribes Advisory Council to advise on such 
matters pertaining to the welfare and advancement of the Scheduled Tribes in 
the State as may be referred to them by the Governor 1***. 

(3) The Governor 2*** may make rules prescribing or regulating, as the 

case may be,— 

(a)  the  number  of  members  of  the  Council,  the  mode  of  their 
appointment and the appointment of the Chairman of the Council and of 
the officers and servants thereof; 

(b) the conduct of its meetings and its procedure in general; and 
(c) all other incidental matters. 

5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything 
in  this  Constitution,  the  Governor  1***  may  by  public  notification  direct  that 
any  particular  Act  of  Parliament  or  of  the  Legislature  of  the  State  shall  not 
apply to a Scheduled Area or  any part thereof in the State or shall apply to a 
Scheduled Area or any part thereof in the State subject to such exceptions and 
modifications  as  he  may  specify  in  the  notification  and  any  direction  given 
under this sub-paragraph may be given so as to have retrospective effect. 

(2)  The  Governor  may  make  regulations  for  the  peace  and  good 
government of any area in a State which is for the time being a Scheduled Area. 
In  particular  and  without  prejudice  to  the  generality  of  the  foregoing 

power, such regulations may— 

(a) prohibit or restrict the transfer of land by or among members 

of the Scheduled Tribes in such area; 

(b)  regulate  the  allotment  of  land  to  members  of  the  Scheduled 

Tribes in such area; 

______________________________________________ 
1. The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh 

Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

2. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 

278

THE CONSTITUTION OF  INDIA 
(Fifth Schedule) 

(c)  regulate  the  carrying  on  of  business  as  money-lender  by 
persons  who  lend  money  to  members  of  the  Scheduled  Tribes  in  such 
area. 
(3) In making any such regulation as is referred to in sub-paragraph (2) 
of  this  paragraph,  the  Governor  1***  may  repeal  or  amend  any  Act  of 
Parliament or of the Legislature of the State or any existing law which is for the 
time being applicable to the area in question. 

(4)  All  regulations  made  under  this  paragraph  shall  be  submitted 

forthwith to the President and, until assented to by him, shall have no effect. 

(5)  No  regulation  shall  be  made  under  this  paragraph  unless  the 
Governor  1**  making  the  regulation  has,  in  the  case  where  there  is  a  Tribes 
Advisory Council for the State, consulted such Council. 

PART C 
SCHEDULED AREAS 

6.  Scheduled  Areas.—(1)  In 

this  Constitution, 

the  expression 
 declare to 

“Scheduled Areas” means such areas as the President may by order
be Scheduled Areas. 

(2) The President may at any time by order— 

(a) direct that the whole or any specified part of a Scheduled Area 

shall cease to be a Scheduled Area or a part of such an area; 

2[(aa)  increase  the  area  of  any  Scheduled  Area  in  a  State  after 

consultation with the Governor of that State;] 

(b)  alter,  but  only  by  way  of  rectification  of  boundaries,  any 

Scheduled Area; 

______________________________________________ 
1.  The  words  "or  Rajpramukh"  omitted by  the Constitution  (Seventh  Amendment) Act, 

1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

  See  the  Scheduled  Areas  (Part  A  States)  Order,  1950  (C.O.  9),  the  Scheduled  Areas 
(Part B States) Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order, 
1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh 
and Orissa) Order, 1977 (C.O. 109). 

  See  the  Madras  Scheduled  Areas  (Cessor)  Order,  1950  (C.O.  30)  and  the  Andhra 

Scheduled Areas (Cessor) Order, 1955 (C.O. 50). 

2. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),  

s. 2 (w.e.f. 7-9-1976).  

279

THE CONSTITUTION OF  INDIA 
(Fifth Schedule) 

(c)  on  any  alteration  of  the  boundaries  of  a  State  or  on  the 
admission  into  the  Union  or  the  establishment  of  a  new  State,  declare 
any territory not previously included in any State to be, or to form part 
of, a Scheduled Area; 

1[(d) rescind, in relation to any State or States, any order or orders 
made under this paragraph, and in consultation with the Governor of the 
State concerned, make fresh orders redefining the areas which are to be 
Scheduled Areas;] 

and any such order may contain such incidental and consequential provisions as 
appear to  the President  to  be necessary  and  proper,  but  save  as  aforesaid,  the 
order  made  under  sub-paragraph  (1)  of  this  paragraph  shall  not  be  varied  by 
any subsequent order. 

PART D 
AMENDMENT OF THE SCHEDULE 

7. Amendment of the Schedule.—(1) Parliament may from time to time 
by law amend by way of addition, variation or repeal any of the provisions of 
this  Schedule  and,  when  the  Schedule  is  so  amended,  any  reference  to  this 
Schedule in this Constitution shall be construed as a reference to such Schedule 
as so amended. 

(2) No such law as is mentioned in sub-paragraph (1) of this paragraph 
shall  be  deemed  to  be  an  amendment  of  this  Constitution  for  the  purposes  of 
article 368. 

______________________________________________ 
1. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),   

s. 2 (w.e.f. 7-9-1976). 

 
 
 
SIXTH SCHEDULE 
[Articles 244(2) and 275(1)] 
Provisions as to the Administration of Tribal Areas in  1[the States of 
Assam,  Meghalaya, Tripura and Mizoram] 

21. Autonomous districts and autonomous regions.—(1) Subject to 
the provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II 
and  IIA]  and  in  Part  III]  of  the  table  appended  to  paragraph  20  of  this 
Schedule shall be an autonomous district. 

(2) If there are different Scheduled Tribes in an autonomous district, 
the Governor may, by public notification, divide the area or areas inhabited 
by them into autonomous regions. 

(3) The Governor may, by public notification,— 

(a) include any area in 3[any of the Parts] of the said table, 
(b) exclude any area from 3[any of the Parts] of the said table, 
(c) create a new autonomous district, 
(d) increase the area of any autonomous district, 
(e) diminish the area of any autonomous district, 
(f) unite two or more autonomous districts or parts thereof so 

as to form one autonomous district, 

5[(ff) alter the name of any autonomous district], 
(g) define the boundaries of any autonomous district: 
______________________________________________ 
1.  Subs.  by  the  State  of  Mizoram  Act,  1986  (34  of  1986),  s.  39,  for  certain  words 

(w.e.f. 20-2-1987).  

2.  Paragraph 1 has been amended in its application to the State of Assam by the Sixth 
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to 
insert the following proviso after sub-paragraph (2), namely :— 

"Provided  that  nothing  in  this  sub-paragraph  shall  apply  to  the  Bodoland 

Territorial Areas District" (w.e.f. 7-9-2003). 

3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 

and Eighth Sch., for "Part A" (w.e.f. 21-1-1972).   

4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Part I and 

II" (w.e.f. 1-4-1985).   

5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch. (w.e.f. 2-4-1970).  

280

 
281

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

Provided that no order shall be made by the Governor under clauses (c), 
(d), (e) and (f) of this sub-paragraph except after consideration of the report of 
a  Commission  appointed  under  sub-paragraph  (1)  of  paragraph  14  of  this 
Schedule: 

1[Provided  further  that  any  order  made  by  the  Governor  under  this 
sub-paragraph  may  contain  such  incidental  and  consequential  provisions 
(including  any  amendment  of  paragraph  20  and  of  any  item  in  any  of  the 
Parts of the said Table) as appear to the Governor to be necessary for giving 
effect to the provisions of the order.] 

22.  Constitution  of  District  Councils    and    Regional  Councils.—

3[(1)  There  shall  be  a  District  Council  for  each  autonomous  district   
consisting  of  not  more  than  thirty  members,  of  whom  not  more  than  four 
persons shall be nominated by the Governor and the rest shall be elected on 
the basis of adult suffrage.] 

______________________________________________ 
1.  Ins. by  the  North-Eastern  Areas  (Reorganisation)  Act, 1971 (81  of  1971), s.  71(i) and 

Eighth Sch. (w.e.f. 21-1-1972). 

2.  Paragraph  2  has  been  amended  in  its  application  to  the  State  of  Assam  by    the  Sixth 
Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert 
the following proviso after sub-paragraph (1), namely: — 

“Provided  that  the  Bodoland  Territorial  Council  shall  consist  of  not  more  than 
forty-six  members  of  whom  forty  shall  be  elected  on  the  basis  of  adult  suffrage,  of 
whom  thirty  shall  be  reserved  for  the  Scheduled  Tribes,  five  for  non-tribal 
communities, five open for all communities and the remaining six shall be nominated 
by the Governor having same rights and privileges as other members, including voting 
rights,  from  amongst  the  un-represented  communities  of  the  Bodoland  Territorial 
Areas District, of which at least two shall be women:”  

    Paragraph  2  has  been  amended  in  its  application  to  the  State  of  Assam  by  the  Sixth 
Schedule to the Constitution (Amendment) Act, 1995(42 of 1995), s.2, so as to insert the 
following proviso  in sub-paragraph (3), namely :— 

    “Provided  that  the  District  Council  constituted  for  the  North  Cachar  Hills 
District  shall  be  called  as  the  North  Cachar  Hills  Autonomous  Council  and  the 
District  Council  constituted  for  the  Karbi  Anglong  District  shall  be  called  as  the 
Karbi Anglong Autonomous Council.”  

    Paragraph  2  has  been  amended  in  its  application  to  the  State  of  Assam  by    the  Sixth 
Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert 
the following proviso after the existing proviso in sub-paragraph (3), namely:— 

“Provided  further  that  the  District  Council  constituted  for  the  Bodoland 

Territorial Areas District shall be called the Bodoland Territorial Council.”  
3.  Subs.  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and 

Fourth Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).   

 
 
 
282

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(2)  There  shall  be  a  separate  Regional  Council  for  each  area 
constituted an autonomous region under sub-paragraph (2) of paragraph 1 of 
this Schedule. 

(3) Each District Council and each Regional Council shall be a body 
corporate  by  the  name  respectively  of  “the  District  Council  of  (name  of 
district)”  and  “the  Regional  Council  of  (name  of  region)”,  shall  have 
perpetual succession and a common seal and shall by the said name sue and 
be sued. 

(4)  Subject  to  the provisions  of  this  Schedule,  the  administration  of 
an autonomous district shall, in so far as it is not vested under this Schedule 
in  any  Regional  Council  within  such  district,  be  vested  in  the  District 
Council  for  such  district  and  the  administration  of  an  autonomous  region 
shall be vested in the Regional Council for such region. 

(5)  In  an  autonomous  district  with  Regional  Councils,  the  District 
Council  shall  have  only  such  powers  with  respect  to  the  areas  under  the 
authority of the Regional Council as may be delegated to it by the Regional 
Council  in  addition  to  the  powers  conferred  on  it  by  this  Schedule  with 
respect to such areas. 

(6) The Governor shall make rules for the first constitution of District 
Councils  and  Regional  Councils  in  consultation  with  the  existing  tribal 
Councils or other representative tribal organisations within the autonomous 
districts or regions concerned, and such rules shall provide for— 

(a)  the  composition  of  the  District  Councils  and  Regional 

Councils and the allocation of seats therein; 

(b) the delimitation of territorial constituencies for the purpose 

of elections to those Councils; 

(c)  the  qualifications  for  voting  at  such  elections  and  the 

preparation of electoral rolls therefor; 

(d)  the  qualifications  for  being  elected  at  such  elections  as 

members of such Councils; 

(e) the term of office of members of 1[Regional Councils]; 

______________________________________________ 
1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch., for "such Councils" (w.e.f. 2-4-1970).   

283

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(f)  any other  matter relating to or connected  with  elections or 

nominations to such Councils; 

(g)  the  procedure  and  the  conduct  of  business  1[(including  the 
power  to  act  notwithstanding  any  vacancy)]  in  the  District  and 
Regional Councils; 

(h)  the  appointment  of  officers  and  staff  of  the  District  and 

Regional Councils. 
1[(6A) The elected members of the District Council shall hold office 
for a term of five years from the date appointed for the first meeting of the 
Council  after  the  general  elections  to  the  Council,  unless  the  District 
Council  is  sooner  dissolved  under  paragraph  16  and  a  nominated  member 
shall hold office at the pleasure of the Governor: 

Provided that the said period of five years may, while a Proclamation 
of Emergency is in operation or if circumstances exist which, in the opinion 
of the Governor, render the holding of elections impracticable, be extended 
by  the  Governor  for  a  period  not  exceeding  one year  at  a  time and  in any 
case  where  a  Proclamation  of  Emergency  is  in  operation  not  extending 
beyond a period of six months after the Proclamation has ceased to operate: 
Provided further that a member elected to fill a casual vacancy shall 
hold  office  only  for  the  remainder  of  the  term  of  office  of  the  member 
whom he replaces.] 

(7)  The  District  or  the  Regional  Council  may  after  its  first 
constitution make  rules 1[with the approval of the Governor] with regard to 
the  matters  specified  in  sub-paragraph  (6)  of  this  paragraph  and  may  also 
make rules 1[with like approval] regulating— 

(a) the formation of subordinate local Councils or Boards and 

their procedure and the conduct of their business; and 

(b) generally all matters relating to the transaction of business 

pertaining  to  the  administration of  the  district or  region,  as  the  case    
may be: 

______________________________________________ 
1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch. (w.e.f. 2-4-1970).   

284

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

Provided  that  until  rules  are  made  by  the  District  or  the  Regional 
Council  under  this  sub-paragraph  the  rules  made  by  the  Governor  under 
sub-paragraph (6) of this paragraph shall have effect in respect of elections 
to, the officers and staff of, and the procedure and the conduct of business 
in, each such Council. 

1*                        *                        *                

*        

23.  Powers  of  the  District  Councils  and  Regional  Councils  to 
make  laws.—(1)  The  Regional  Council  for  an    autonomous  region  in 

______________________________________________ 
1.  Second  proviso  omitted  by  s.  74  and  Fourth  Sch.  of  the  Assam  Reorganisation  (Meghalaya) 

Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).   

2.  Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the 
Constitution  (Amendment)  Act,  2003  (44  of  2003),  s.  2,  so  as  to  substitute  sub-paragraph  (3)  as 
under (w.e.f. 7-9-2003),— 

“(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph 
(2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A 
or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until  
assented to by him, shall have no effect.” . 

    After  paragraph  3,  the  following  paragraph  has  been  inserted  in  its  application  to  the  State  of 
Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 
12-9-1995), namely: — 

“3A.  Additional  powers  of  the  North  Cachar  Hills  Autonomous  Council  and  the 
Karbi  Anglong  Autonomous  Council  to  make  laws.—(1)  Without  prejudice  to  the 
provisions  of  paragraph  3,  the  North  Cachar  Hills  Autonomous  Council  and  the  Karbi 
Anglong  Autonomous  Council  within  their  respective  districts,  shall  have  power  to  make 
laws with respect to— 

(a)   industries,  subject  to  the  provisions  of  entries  7  and  52  of  List  I  of  the  Seventh 

Schedule; 

 (b)   communications,  that  is  to  say,  roads,  bridges,  ferries  and  other  means  of 
communication not specified in List I of the Seventh Schedule; municipal tramways, 
ropeways, inland waterways and traffic thereon subject to the provisions of List I and 
List III of the Seventh Schedule with regard to such waterways; vehicles other than 
mechanically propelled vehicles; 

(c)   preservation,  protection  and  improvement  of  stock  and  prevention  of  animal 

diseases; veterinary training and practice; cattle pounds; 

(d)  primary and secondary education; 
(e)   agriculture,  including  agricultural  education  and  research,  protection  against  pests 

and prevention of plant diseases; 

(f)   fisheries; 

 
  
 
285

THE CONSTITUTION OF  INDIA 
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(Foot-note continue),— 
(g)   water,  that 

is  to  say,  water  supplies, 

irrigation  and  canals,  drainage  and 
embankments, water storage and water power subject to the provisions of entry 56 of 
List I of the Seventh Schedule; 

(h)   social security and social insurance; employment and unemployment;  
(i)   flood  control  schemes  for  protection  of  villages,  paddy  fields,  markets,  towns,  etc. 

(j)  

(not of technical nature); 
theatre and dramatic performances, cinemas subject to the provisions of entry 60 of 
List I of the Seventh Schedule; sports, entertainments and amusements; 

(k)   public health and sanitation, hospitals and dispensaries; 
(l)   minor irrigation; 
(m)    trade  and  commerce  in,  and  the  production  supply  and  distribution  of,  food  stuffs, 

cattle fodder, raw cotton and raw jute; 

(n)   libraries, museums and other similar institutions controlled or financed by the State; 
ancient and historical monuments and records other than those declared by or under 
any law made by Parliament to be of national importance; and 

(o)  alienation of land. 

(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong 
Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to 
matters specified in List III of the  Seventh Schedule, be submitted forthwith to the Governor 
who shall reserve the same for the consideration of the President. 

(3) When a law is reserved for the consideration of the President, the President shall declare 

either that he assents to the said law or that he  withholds assent therefrom: 

Provided that the President may direct the Governor to return the law to the North Cachar 
Hills  Autonomous  Council  or  the  Karbi  Anglong  Autonomous  Council,  as  the  case  may  be, 
together  with  a  message  requesting  that  the  said  Council  will  reconsider  the  law  or  any 
specified provisions thereof and, in particular, will, consider the desirability of introducing any 
such amendments as he may recommend in his message and, when  the law is so returned, the  
said  Council shall consider the law accordingly within a period of six months from the date of 
receipt of such  message and,  if the  law  is  again passed by the said  Council  with   or without 
amendment it shall be presented again to the President  for  his  consideration.". 

    After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam 
by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), 
namely:— 

“3B.  Additional  powers  of  the  Bodoland  Territorial  Council  to  make  laws.—(1) 
Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its 
areas shall have power to make laws with respect to :—  

(i)  agriculture,  including  agricultural  education  and  research,  protection  against 
pests and prevention of plant diseases;  (ii) animal husbandry and veterinary, that is to say, 
preservation,  protection  and  improvement  of  stock  and  prevention  of  animal  diseases, 
veterinary training and practice, cattle pounds; (iii) co-operation;  (iv) cultural affairs;  (v)  
education, that is to say, primary education, higher secondary including vocational training, 
adult education, college education (general); (vi) fisheries;  (vii) flood control for protection  

                                                                                             
 
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(Foot-note continue),— 

of village, paddy fields, markets and towns (not of technical nature); (viii)  Food and civil supply;  
(ix) forests (other than reserved forests);  (x) handloom and textile;  (xi) health and family welfare, 
(xii) intoxicating liquors, opium and derivatives, subject to the provisions of entry 84 of List I  of 
the Seventh Schedule; (xiii) irrigation; (xiv)  labour and employment;  (xv) land and revenue; (xvi) 
library services (financed and controlled by the State Government);  (xvii)  lotteries (subject to the 
provisions  of  entry  40  of  List  I  of  the  Seventh  Schedule),  theatres,  dramatic  performances  and 
cinemas (subject to the provisions of entry 60  of  List I of the  Seventh Schedule); (xviii)  markets 
and  fairs;  (xix)  municipal  corporation,  improvement  trust,  district  boards  and  other  local 
authorities; (xx) museum and archaeology institutions controlled or financed by the State, ancient 
and  historical  monuments  and  records  other  than  those  declared  by  or  under  any  law  made  by 
Parliament to be of national importance;  (xxi)  panchayat and rural development;  (xxii) planning 
and  development;    (xxiii)  printing  and  stationery;  (xxiv)  public  health  engineering;  (xxv)  public 
works department;  (xxvi)  publicity and public relations; (xxvii) registration of births and deaths;  
(xxviii)  relief and rehabilitation;  (xxix) sericulture; (xxx)  small, cottage and rural industry subject 
to  the  provisions  of  entries  7  and  52  of  List  I  of  the  Seventh  Schedule;    (xxxi)    social  Welfare;  
(xxxii)  soil conservation; (xxxiii)  sports and  youth welfare;  (xxxiv)  statistics;  (xxxv) tourism; 
(xxxvi) transport (roads, bridges, ferries and other means of communications not specified in List I 
of  the  Seventh  Schedule,  municipal  tramways,      ropeways,  inland  waterways  and  traffic  thereon 
subject  to  the  provision  of  List  I  and  List  III  of  the  Seventh  Schedule  with  regard  to  such 
waterways, vehicles other than mechanically propelled vehicles);  (xxxvii)  tribal research institute 
controlled  and  financed  by  the  State    Government;  (xxxviii)      urban  development—town    and 
country  planning;  (xxxix) weights and measures subject to the provisions of entry 50 of List I of 
the  Seventh Schedule; and   (xl)  Welfare of plain tribes and backward classes: 

Provided that nothing in such laws shall—  
(a)    extinguish  or  modify  the  existing  rights  and  privileges  of  any  citizen  in  respect  of  his 

land at the date of commencement of this Act; and  

 (b)  disallow  and  citizen  from  acquiring  land  either  by  way  of  inheritance,  allotment, 
settlement or by any other way of transfer if such citizen is otherwise eligible for such acquisition 
of land within the Bodoland Territorial Areas District. 

(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to 
matters specified in List III  of the Seventh Schedule, be submitted forthwith to the Governor who 
shall reserve the same for the consideration of the President.  

(3) When a law is reserved for the consideration of the President, the President shall declare  

either that he assents to the said law or that he withholds assent therefrom: 

Provided  that  the  President  may  direct  the  Governor  to  return  the  law  to  the  Bodoland 
Territorial Council, together with the message requesting that the said Council will reconsider the 
law  or  any  specified  provisions  thereof  and,  in  particular,  will  consider  the  desirability  of 
introducing any such amendments as he may recommend in his  message and, when the law is so 
returned, the said Council shall consider  the  law accordingly within a period of six  months  from 
the  date  of  receipt  of  such  message  and,  if  the  law  is  again  passed  by  the  said  Council  with  or 
without amendments it shall be presented again to the President for his consideration.”. 

                                                                                             
 
 
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THE CONSTITUTION OF  INDIA 
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respect  of  all  areas  within  such    region  and  the  District  Council  for  an 
autonomous  district  in  respect  of  all  areas  within  the  district  except  those 
which  are  under  the  authority  of  Regional  Councils,  if  any,  within  the 
district shall have power to make laws with respect to— 

(a)  the  allotment,  occupation  or  use,  or  the  setting  apart,  of 
land, other  than any land which is a reserved forest for the purposes 
of  agriculture  or  grazing  or  for  residential  or  other  non-agricultural 
purposes or  for  any  other  purpose likely to promote the interests of 
the inhabitants of any village or town: 

in  such 

Provided 

that  nothing 

the 
compulsory acquisition of any land, whether occupied or unoccupied, 
for  public  purposes  1[by  the Government  of  the State  concerned] in 
accordance with the law for the time being in force authorising such 
acquisition; 

laws  shall  prevent 

(b) the management of any forest not being a reserved forest; 
(c)  the  use  of  any  canal  or  water-course  for  the  purpose  of 

agriculture; 

(d)  the  regulation  of  the  practice  of  jhum  or  other  forms  of 

shifting cultivation; 

(e) the establishment of village or town committees or councils 

and their powers; 

(f) any other matter relating to village or town administration, 

including village or town police and public health and sanitation; 
(g) the appointment or succession of Chiefs or Headmen; 
(h) the inheritance of property; 
 2[(i) marriage and divorce;] 
(j) social customs. 

(2) In this paragraph, a “reserved  forest”  means  any area  which is a 
reserved forest under the Assam Forest Regulation, 1891, or under any other 
law for the time being in force in the area in question. 

(3) All laws made under this paragraph shall be submitted forthwith 

to the Governor and, until assented to by him, shall have no effect. 

______________________________________________ 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 

and Eighth Sch., for certain words (w.e.f. 21-1-1972).   

2. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).     

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THE CONSTITUTION OF  INDIA 
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14.  Administration  of  justice  in  autonomous  districts  and 
autonomous regions.—(1) The Regional Council for an autonomous region 
in  respect  of  areas  within  such  region  and  the  District  Council  for  an 
autonomous  district  in  respect  of  areas  within  the  district  other  than  those 
which  are under  the  authority  of  the  Regional  Councils,  if  any,  within  the 
district  may  constitute  village  councils  or  courts  for  the  trial  of  suits  and 
cases between   the  parties all  of  whom belong to  Scheduled Tribes  within 
such  areas,  other  than  suits  and  cases    to  which  the  provisions  of             
sub-paragraph (1) of paragraph 5 of this Schedule  apply,  to the exclusion 
of any court in the State, and may appoint suitable persons to be members of 
such  village  councils  or  presiding  officers  of  such  courts,  and  may  also 
appoint such officers as may be necessary for the administration of the laws 
made under paragraph 3 of this Schedule. 

(2)  Notwithstanding  anything  in  this  Constitution,  the  Regional 
Council for an autonomous region or any court constituted in that behalf by 
the  Regional  Council  or,  if  in  respect  of  any  area  within  an  autonomous 
district  there is  no Regional Council, the District Council for such district, 
or any court constituted in that behalf by the District Council, shall exercise 
the powers of a court of appeal in respect of all suits and cases triable by a 
village  council  or  court  constituted  under  sub-paragraph  (1)  of  this 
paragraph within such region or area, as the case may be, other than those to 
which the provisions of  sub-paragraph (1) of paragraph 5 of this Schedule 
apply,  and  no  other  court  except  the  High  Court  and  the  Supreme  Court 
shall have jurisdiction over such suits or cases. 

(3)  The  High  Court  2***  shall  have  and  exercise  such  jurisdiction 
over the suits and cases to which the provisions of sub-paragraph (2) of this 
paragraph apply as the Governor may from time to time by order specify. 

(4) A Regional Council or District Council, as the case may be, may 

with the previous approval of the Governor make rules regulating — 

______________________________________________ 
1.    Paragraph  4  has  been  amended  in  its  application  to  the  State  of  Assam  by  the  Sixth 
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-2003) 
so as to insert the following sub-paragraph after  sub-paragraph (5), namely:— 

“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council 

constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” . 
2. The words "of Assam" omitted by the North-Eastern Areas (Reorganisation) Act, 1971 

(81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).    

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THE CONSTITUTION OF  INDIA 
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(a)  the  constitution  of  village  councils  and  courts  and  the 

powers to be exercised by them under this paragraph; 

(b) the procedure to be followed by village councils or courts in 

the trial of suits and cases under sub-paragraph (1) of this paragraph; 

(c)  the  procedure  to  be  followed  by  the  Regional  or  District 
Council or any court constituted by such Council in appeals and other 
proceedings under sub-paragraph (2) of this paragraph; 

(d)  the  enforcement  of  decisions  and  orders  of  such  councils 

and courts; 

(e)  all  other  ancillary  matters  for  the  carrying  out  of  the 

provisions of sub-paragraphs (1) and (2) of this paragraph. 
1[(5) On and from such date as the President may, 2[after consulting the 
Government of the State concerned], by notification appoint in this behalf, this 
paragraph shall have effect in relation to such autonomous district or region as 
may be specified in the notification, as if— 

(i) in sub-paragraph (1), for the words “between the parties all of 
whom  belong  to  Scheduled  Tribes  within  such  areas,  other  than  suits 
and cases to which the provisions of sub-paragraph (1) of paragraph 5 
of  this  Schedule  apply,”,  the  words  “not  being  suits  and  cases  of  the 
nature  referred  to  in  sub-paragraph  (1)  of  paragraph  (5)  of  this 
Schedule,  which  the  Governor  may  specify  in  this  behalf,”  had  been 
substituted; 

(ii) sub-paragraphs (2) and (3) had been omitted; 
(iii) in sub-paragraph (4)— 

(a)  for  the  words  “A  Regional  Council  or  District 
Council, as the case may be, may with the previous approval of 
the  Governor  make  rules  regulating”,  the  words  “the  Governor 
may make rules regulating” had been substituted; and 

(b)  for  clause  (a),  the  following  clause  had  been 

substituted, namely:— 

“(a)  the  constitution  of  village  councils  and  courts, 
the powers to be exercised by them under this paragraph 
______________________________________________ 
1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch. (w.e.f. 2-4-1970).     

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 

and Eighth Sch., for certain words (w.e.f. 21-1-1972).    

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

and  the  courts  to  which  appeals  from  the  decisions  of 
village councils and courts shall lie;”; 
(c)  for  clause  (c),  the  following  clause  had  been 

substituted, namely:— 

“(c)  the  transfer  of  appeals  and  other  proceedings 
pending  before  the  Regional  or  District  Council  or  any 
court constituted by such Council immediately before the 
date  appointed  by  the  President  under  sub-paragraph 
(5);”; and 
(d)  in  clause  (e),  for  the  words,  brackets  and  figures   
“sub-paragraphs  (1)  and  (2)”,  the  word,  brackets  and  figure 
“sub-paragraph (1)” had been substituted.] 

5.  Conferment  of  powers  under  the  Code  of  Civil  Procedure, 
1908, and the Code of Criminal Procedure, 18981, on the Regional and 
District  Councils  and  on  certain  courts  and  officers  for  the  trial  of 
certain suits, cases and offences.—(1) The Governor may, for the trial of 
suits or cases arising out of any law in force in any autonomous district or 
region being a law specified in that behalf by the Governor, or for the trial 
of  offences  punishable  with  death,  transportation  for  life,  or  imprisonment 
for a term of not less than five years under the Indian Penal Code or under 
any other law for the time being applicable to such district or region, confer 
on the District Council or the Regional Council having authority over such 
district or region or on courts constituted by such District Council or on any 
officer  appointed  in  that  behalf  by  the  Governor,  such  powers  under  the 
Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal 
Procedure, 18981, as he deems appropriate, and thereupon the said Council, 
court  or  officer  shall  try  the  suits,  cases  or  offences  in  exercise  of  the 
powers so conferred. 

(2)  The  Governor  may  withdraw  or  modify  any  of  the  powers 
conferred  on  a  District  Council,  Regional  Council,  court  or  officer  under 
sub-paragraph (1) of this paragraph. 

(3)  Save  as  expressly  provided  in  this  paragraph,  the  Code of  Civil 
Procedure,  1908,  and  the  Code  of  Criminal  Procedure,  18981,  shall  not 
apply to the trial of any suits, cases or offences in an autonomous district or 
in any autonomous region to which the provisions of this paragraph apply. 

______________________________________________ 
1. See the Code of Criminal Procedure, 1973 ( 2 of 1974). 

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

1[(4)  On  and  from  the  date  appointed  by  the  President  under  sub-
paragraph  (5)  of  paragraph  4  in  relation  to  any  autonomous  district  or 
autonomous  region,  nothing  contained  in  this  paragraph  shall,  in  its 
application to that district or region, be deemed to authorise the Governor to 
confer on the District Council or Regional  Council or on courts constituted 
by the District Council any of the powers referred to in sub-paragraph (1) of 
this paragraph.] 

2[6.  Powers  of  the  District  Council  to  establish  primary  schools, 
etc.—  (1)  The  District  Council  for  an  autonomous  district  may  establish, 
construct,  or  manage  primary  schools,  dispensaries,  markets,  3[cattle 
pounds], ferries, fisheries, roads, road transport and waterways in the district 
and may, with the previous approval of the Governor, make regulations for 
the  regulation  and  control  thereof  and,  in  particular,  may  prescribe  the 
language  and  the manner  in  which  primary  education  shall  be  imparted  in 
the primary schools in the district. 

(2)  The  Governor  may,  with  the  consent  of  any  District  Council, 
entrust  either  conditionally  or  unconditionally  to  that  Council  or  to  its 
officers  functions  in  relation  to  agriculture,  animal  husbandry,  community 
projects, co-operative societies, social welfare, village planning or any other 
matter to which the executive power of the State 4***  extends. 

7. District and Regional Funds.—(1) There shall be constituted for 
each autonomous district, a District Fund and for each autonomous region, a 
Regional Fund to which shall be credited all  moneys received respectively 
by  the  District  Council  for  that  district  and  the  Regional  Council  for  that 
region in the course of  the administration of such district or region, as the 
case may be, in accordance with the provisions of this Constitution. 

______________________________________________ 
1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch. (w.e.f. 2-4-1970).      

2. Subs. by s. 74 and Fourth Sch., ibid. for "paragraph 6" (w.e.f. 2-4-1970).      
3.  Subs.  by  the  Repealing  and  Amending  Act,  1974  (56  of  1974),  s.  4,  for  "cattle 

ponds" (w.e.f. 20-12-1974).  

4. The words "of Assam or Meghalaya, as the case may be," omitted by the North-
Eastern  Areas  (Reorganisation)  Act, 1971  (81 of 1971),  s. 71(i) and  Eighth  Sch. 
(w.e.f. 21-1-1972).     

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

1[(2)  The  Governor  may  make  rules  for  the  management  of  the 
District  Fund,  or,  as  the  case  may  be,  the  Regional  Fund  and  for  the 
procedure to be followed in respect of payment of money into the said Fund, 
the withdrawal of moneys therefrom, the custody of moneys therein and any 
other matter connected with or ancillary to the matters  aforesaid. 

(3)  The  accounts of  the District  Council or,  as the case  may be,  the 
Regional  Council  shall  be  kept  in  such  form  as  the  Comptroller  and 
Auditor-General of India may, with the approval of the President, prescribe. 
(4) The Comptroller and Auditor-General shall cause the accounts of 
the District and Regional Councils to be audited in such manner as he may 
think fit, and the reports of the Comptroller and Auditor-General relating to 
such  accounts shall be submitted to the Governor who shall cause them to 
be laid before the Council.] 

8.  Powers  to  assess  and  collect  land  revenue  and  to  impose 
taxes.—(1) The Regional Council for an autonomous region in respect of all 
lands within such region and the District Council for an autonomous district 
in respect of all lands within the district except those which are in the areas 
under  the  authority  of  Regional  Councils,  if  any,  within  the  district,  shall 
have  the  power  to  assess  and  collect  revenue  in  respect  of  such  lands  in 
accordance  with  the  principles  for  the  time  being  followed  2[by  the 
Government of the State in assessing lands for the purpose of land revenue 
in the State generally.] 

(2) The Regional Council for an autonomous region in respect of areas 
within  such  region  and  the  District  Council  for  an  autonomous  district  in 
respect of all areas in the district except those which are under the authority of 
Regional  Councils,  if  any,  within  the  district,  shall  have  power  to  levy  and 
collect taxes on lands and buildings, and tolls on persons resident within such 
areas. 

(3) The District Council for an autonomous district shall have the power to 
levy  and  collect  all or any of the following taxes within such district, that is to  
say — 

(a) taxes on professions, trades, callings and employments; 
(b) taxes on animals, vehicles and boats; 

______________________________________________ 
1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).      

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 

and Eighth Sch., for certain words (w.e.f. 21-1-1972).      

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(c)  taxes on  the entry of  goods into  a market  for sale therein, 

and tolls on passengers and goods carried in ferries; 1*** 

(d) taxes for the maintenance of schools, dispensaries or roads; 

2[and] 

3[(e)  taxes on entertainment and amusements.] 

(4) A Regional Council or District Council, as the case may be, may 
make regulations to provide for the levy and collection of any of the taxes 
specified  in  sub-paragraphs  (2)  and  (3)  of  this  paragraph  4[and  every  such 
regulation shall be submitted forthwith to the Governor and, until assented 
to by him, shall have no effect]. 

59.  Licences  or  leases  for  the  purpose  of  prospecting  for,  or 
extraction of, minerals.—(1) Such share of the royalties accruing each year 
from licences or leases for the purpose of prospecting for, or the extraction of, 
minerals  granted  by  6[the  Government  of  the  State]  in  respect  of  any  area 
within  an  autonomous  district  as  may  be  agreed  upon  between  6[the 
Government  of  the  State]  and  the  District  Council  of  such  district  shall  be 
made over to that District Council. 

(2) If any dispute arises as to the share of such royalties to be made 
over  to  a  District  Council,  it  shall  be  referred  to  the  Governor  for 
determination and the amount determined by the Governor in his discretion 
shall be deemed to be the amount payable under sub-paragraph (1) of this 
paragraph to the District Council and the decision of the Governor shall be 
final. 
______________________________________________ 
1. The word "and" omitted by the Constitution (One Hundred and First Amendment) 

Act, 2016, s. 16(i)  (w.e.f. 16-9-2016).   
2. Ins. by s. 16(ii), ibid. (w.e.f. 16-9-2016).   
3. Ins. by s. 16(iii), ibid. (w.e.f. 16-9-2016).   
4  Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch. (w.e.f. 2-4-1970).      

5.    Paragraph  9  has  been  amended  in  its  application  to  the  States  of  Tripura  and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 
1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after 
sub-paragraph (2), namely:— 
     “(3) The  Governor may, by order, direct that the share of royalties to be made 
over to a District Council under this paragraph shall be made over to that Council 
within a period of one year from the date of any agreement under sub-paragraph (1) 
or, as the case may be, of  any determination under sub-paragraph (2).”. 

6. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 

and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).      

 
294

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

110. Power of District Council to make regulations for the control 
of  money-lending    and    trading    by  non-tribals.—(1)    The    District  
Council      of    an      autonomous    district    may      make  regulations    for    the 
regulation  and  control  of  money-lending  or  trading  within  the  district  by 
persons other than Scheduled Tribes resident in the district. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the 

foregoing power, such regulations may— 

(a) prescribe that no one except the holder of a licence issued 

in that behalf shall   carry on the business of money-lending; 

(b)  prescribe  the  maximum  rate  of  interest  which  may  be 

charged or be recovered by a money-lender; 

(c) provide for the maintenance of accounts by money-lenders 
and for the inspection of such accounts by officers appointed in that 
behalf by the District Council; 

(d)  prescribe  that  no  person  who  is  not  a  member  of  the 
Scheduled  Tribes  resident  in  the  district  shall  carry  on  wholesale  or 
retail business in any commodity except under a licence issued in that 
behalf by the District Council : 

______________________________________________ 
1.  Paragraph  10  has  been  amended  in  its  application  to  the  States  of  Tripura  and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of  
1988) (w.e.f. 16-12-1988) s.2, as under— 

(a) in the heading, the words “by non-tribals” shall be omitted; 

(b)  in  sub-paragraph  (1),  the  words  “other  than  Scheduled  Tribes”  shall  be 

omitted; 

(c)  in  sub-paragraph  (2),  for  clause  (d),  the  following  clause  shall  be 

substituted, namely:— 

"(d)  prescribe that no person resident in the district shall carry on any 
trade, whether wholesale or retail, except under a licence issued in that behalf 
by the District Council:”. 

1.  Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule 
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), so as to insert 
the following sub-paragraph after sub-paragraph (3), namely:—  

     "(4)  Nothing  in  this  paragraph  shall  apply  to  the  Bodoland  Territorial  Council  constituted 

under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.". 

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THE CONSTITUTION OF  INDIA 
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Provided  that  no  regulations  may  be  made  under  this  paragraph 
unless  they  are  passed  by  a  majority  of  not  less  than  three-fourths  of  the 
total membership of the District Council: 

Provided  further  that  it  shall  not  be  competent  under  any  such 
regulations to refuse the grant of a licence to a money-lender or a trader who 
has been carrying on business within the district since before the time of the 
making of such regulations. 

(3)  All  regulations  made  under  this  paragraph  shall  be  submitted 
forthwith  to  the  Governor  and,  until  assented  to  by  him,  shall  have  no  
effect. 

11.  Publication  of  laws,  rules  and  regulations  made  under  the 
Schedule.—All  laws,  rules  and  regulations  made  under  this  Schedule  by  a 
District  Council  or  a  Regional  Council  shall  be  published  forthwith  in  the 
Official  Gazette  of  the State  and shall on  such publication have the  force of 
law. 

112.  2[Application  of  Acts  of  Parliament  and  of 
the 
Legislature  of  the  State  of  Assam  to  autonomous  districts  and 
autonomous  regions  in  the  State  of  Assam].—  (1)  Notwithstanding 
anything in this Constitution, — 

______________________________________________ 
1.  Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule 
to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 12-9-1995) as under,- 
      ‘in  paragraph  12,  in  sub-paragraph  (1),  for  the  words  and  figure  “matters  specified  in 
paragraph 3 of this Schedule”, the words, figures and letter “matters specified in paragraph 3 
or paragraph 3A of this Schedule” shall be substituted.’. 

     Paragraph 12 has been amended in its application to the State of Assam by the Sixth Schedule 
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), as under,— 
       ‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter “matters 
specified  in  paragraph  3  or  paragraph  3A  of  this  Schedule”,  the  words,  figures  and  letters 
“matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall be 
substituted.’.   

2.  Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth 

Sch., for the heading (w.e.f. 21-1-1972). 

 
296

THE CONSTITUTION OF  INDIA 
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 (a) no Act of the 1[Legislature of the State of Assam] in respect 
of  any  of  the  matters  specified  in  paragraph  3  of  this  Schedule  as 
matters with respect to which a District Council or a Regional Council 
may make laws, and no Act of the 1[Legislature of the State of Assam] 
prohibiting or restricting the consumption of any non-distilled alcoholic 
liquor shall apply to any autonomous district or autonomous region 2[in 
that State] unless in either case the District Council for such district or 
having  jurisdiction  over  such  region  by  public  notification  so  directs, 
and  the  District  Council  in  giving  such  direction  with  respect  to  any 
Act  may  direct  that  the  Act  shall  in  its  application  to  such  district  or 
region  or  any  part  thereof  have  effect  subject  to  such  exceptions  or 
modifications as it thinks fit; 

(b)  the  Governor  may,  by  public  notification,  direct  that  any 
Act  of  Parliament  or  of  the  1[Legislature  of  the  State  of  Assam]  to 
which the provisions of clause (a) of this sub-paragraph do not apply 
shall  not  apply  to  an  autonomous  district  or  an  autonomous  region 
2[in  that  State],  or  shall  apply  to  such  district  or  region  or  any  part 
thereof subject to such exceptions or modifications as he may specify 
in the notification. 

(2)  Any  direction  given  under  sub-paragraph  (1)  of  this  paragraph 

may be given so as to have retrospective effect. 

3[12A. Application of Acts of Parliament and of the Legislature of 
the  State  of  Meghalaya  to  autonomous  districts  and  autonomous 
regions  in  the  State  of  Meghalaya.—Notwithstanding  anything  in  this 
Constitution,— 
______________________________________________ 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth 

Sch., for "Legislature of the State" (w.e.f. 21-1-1972). 
2. Ins. by  s. 71(i) and Eighth Sch.,  ibid. (w.e.f. 21-1-1972). 
3. Subs. by  s. 71(i) and Eighth Sch., ibid., for paragraph 12A (w.e.f. 21-1-1972). 

297

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(a)  if  any  provision  of  a  law  made  by  a  District  or  Regional 
Council  in  the  State  of  Meghalaya  with  respect  to  any  matter 
specified  in  sub-paragraph  (1)  of  paragraph  3  of  this  Schedule  or  if 
any  provision  of  any  regulation  made  by  a  District  Council  or  a 
Regional Council in that State under paragraph 8 or paragraph 10 of 
this  Schedule,  is  repugnant  to  any  provision  of  a  law  made  by  the 
Legislature  of  the  State  of  Meghalaya  with  respect  to  that  matter, 
then,  the  law  or  regulation  made  by  the  District  Council  or,  as  the 
case may be,  the Regional Council whether made before or after the 
law made by the Legislature of the State of Meghalaya, shall, to the 
extent of repugnancy, be void and the law made by the Legislature of 
the State of Meghalaya shall prevail; 

(b)  the President  may,  with  respect  to  any  Act  of  Parliament, 
by notification, direct that it shall not apply to an autonomous district 
or an autonomous region in the State of Meghalaya, or shall apply to 
such district or region or any part thereof subject to such exceptions 
or  modifications  as  he  may  specify  in  the  notification  and  any  such 
direction may be given so as to have retrospective effect.] 
1[12AA. Application of Acts of Parliament and of the Legislature 
of  the  State  of  Tripura  to    the  autonomous  districts  and  autonomous 
regions  in  the  State  of  Tripura.—Notwithstanding  anything  in  this 
Constitution,— 

(a) no Act of the Legislature of the State of Tripura in respect of 
any of the matters specified in paragraph 3 of this Schedule as matters 
with  respect  to  which  a  District  Council  or  a  Regional  Council  may 
make  laws,  and  no  Act  of  the  Legislature  of  the  State  of  Tripura 
prohibiting or restricting the consumption of any non-distilled alcoholic 
liquor shall apply to the autonomous district or an autonomous region 
in that State unless, in either case, the District Council for that district 
or having jurisdiction over such region by public notification so directs, 
and the District Council in giving such direction with respect to any Act 
may direct that the  Act shall, in its  application  to that district or such 
region  or  any  part  thereof  have  effect  subject  to  such  exceptions  or 
modifications as it thinks fit; 

______________________________________________ 
1. Paragraph 12AA ins. by  the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 
(w.e.f. 1-4-1985) and subsequently subs. by the Sixth Schedule to the Constitution 
(Amendment) Act, 1988 (67 of 1988),    s. 2 (w.e.f. 16-12-1988). 

298

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(b) the Governor may, by public notification, direct that any Act of 
the Legislature of the State of Tripura to which the provisions of clause 
(a) of this sub-paragraph do not apply, shall not apply to the autonomous 
district  or  an  autonomous  region  in  that  State,  or  shall  apply  to  that 
district or such region, or any part thereof, subject to such exceptions or 
modifications, as he may specify in the notification; 

(c)  the  President  may,  with  respect  to  any  Act  of  Parliament,  by 
notification, direct that it shall not apply to the autonomous district or an 
autonomous region in the State of Tripura, or shall apply to such district 
or region or any part thereof, subject to such exceptions or modifications 
as he may specify in the notification and any such direction may be given 
so as to have retrospective effect.] 
1[12B. Application of Acts of Parliament and of the Legislature of 
the State of Mizoram to autonomous  districts and autonomous regions 
in 
this 
Constitution,— 

the  State  of  Mizoram.—Notwithstanding  anything 

in 

(a) no Act of the Legislature of the State of Mizoram in respect 
of  any  of  the  matters  specified  in  paragraph  3  of  this  Schedule  as 
matters  with  respect  to  which  a  District  Council  or  a  Regional 
Council may make laws, and no Act of the Legislature of the State of 
Mizoram  prohibiting  or  restricting 
non-distilled  alcoholic  liquor  shall  apply  to  any  autonomous  district 
or autonomous region in that State unless, in either case, the District 
Council for such district or having jurisdiction over such region, by 
public notification, so directs, and the District Council, in giving such 
direction with respect to any Act, may direct that the Act shall, in its 
application to such district or region or any part thereof, have effect 
subject to such exceptions or modifications as it thinks fit; 

the  consumption  of  any            

(b) the Governor may, by public notification, direct that any Act of 
the Legislature of the State of Mizoram to which the provisions of clause 
(a) of this sub-paragraph do not apply, shall not apply to an autonomous 
district  or  an  autonomous  region  in  that  State,  or  shall  apply  to  such 
district  or  region,  or  any  part  thereof,  subject  to  such  exceptions  or 
modifications, as he may specify in the notification; 

______________________________________________ 
1. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988),    s. 2, 
for paragraph 12AA (w.e.f. 16-12-1988). 

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THE CONSTITUTION OF  INDIA 
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(c)  the  President  may,  with  respect  to  any  Act  of  Parliament, 
by notification, direct that it shall not apply to an autonomous district 
or  an  autonomous  region  in the  State  of  Mizoram,  or  shall  apply  to 
such district or region or any part thereof, subject to such exceptions 
or  modifications  as  he  may  specify  in  the  notification  and  any  such 
direction may be given so as to have retrospective effect.] 
13. Estimated receipts and expenditure pertaining to autonomous 
districts to be shown separately in the annual financial statement.—The 
estimated  receipts  and  expenditure  pertaining  to  an  autonomous  district 
which are to be credited to, or is to be made from, the Consolidated Fund of 
the State 1*** shall be first placed before the District Council for discussion 
and  then  after  such  discussion be  shown  separately  in  the  annual  financial 
statement  of  the  State  to  be  laid  before  the  Legislature  of  the  State  under 
article 202. 

214.  Appointment  of  Commission  to  inquire  into  and  report  on 
the administration of autonomous districts and autonomous regions.—
(1)  The Governor  may  at  any  time  appoint  a  Commission  to  examine  and 
report  on any  matter specified by  him  relating to  the administration of the 
autonomous districts and autonomous regions in the State, including matters 
specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 
of  this  Schedule,  or  may  appoint  a  Commission  to  inquire  into  and  report 
from  time  to  time  on  the  administration  of  autonomous  districts  and 
autonomous regions in the State generally and in particular on— 

(a)  the  provision  of  educational  and  medical  facilities  and 

communications in such districts and regions; 

(b)  the  need  for  any  new  or  special  legislation  in  respect  of 

such districts and regions; and 

(c) the administration of the laws, rules  and regulations made 

by the District and Regional Councils; 

and define the procedure to be followed by such Commission. 

______________________________________________ 
1.  The  words  "of  Assam"  omitted  by  the  North-Eastern  Areas  (Reorganisation)     

Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).     

2.    Paragraph  14  has  been  amended  in  its  application  to  the  State  of  Assam  by  the 
Sixth  Schedule  to  the  Constitution    (Amendment)  Act,  1995  (42  of  1995),  s.  2 
(w.e.f.12.9.1995) as under:— 

     ‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations 

of the Governor with respect thereto” shall be omitted.’.   

 
300

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(2) The report of every such Commission with the recommendations 
of the Governor with respect thereto shall be laid before the Legislature of 
the  State  by  the  Minister  concerned  together  with  an  explanatory 
memorandum  regarding  the  action  proposed  to  be  taken  thereon  by  1[the 
Government of the State.] 

(3) In allocating the business of the Government of the State among 
his  Ministers  the  Governor  may  place  one  of  his  Ministers  specially  in 
charge of the welfare of the autonomous districts and autonomous regions in 
the State. 

215.  Annulment  or  suspension  of  acts  and  resolutions  of  District 
and Regional Councils.—(1) If at any time the Governor is satisfied that an 
act or resolution of a District or a Regional Council is likely to endanger the 
safety of India 3[or is likely to be prejudicial to public order], he may annul 
or  suspend  such  act  or  resolution  and  take  such  steps  as  he  may  consider 
necessary  (including  the  suspension  of  the  Council  and  the  assumption  to 
himself of all or any of the powers vested in or exercisable by the Council) 
to prevent the commission or continuance of such act, or the giving of effect 
to such resolution. 

(2) Any order made by the Governor under sub-paragraph (1) of this 
paragraph  together  with  the  reasons  therefor  shall  be  laid  before  the 
Legislature  of  the  State  as  soon  as  possible  and  the  order  shall,  unless 
revoked  by  the  Legislature  of  the  State,  continue  in  force  for  a  period  of 
twelve months from the date on which it was so made:  

Provided  that  if  and  so  often  as  a  resolution  approving  the 
continuance in force of such order is passed by the Legislature of the State, 
the  order  shall  unless  cancelled  by  the  Governor  continue  in  force  for  a 
further  period  of  twelve  months  from  the  date  on  which  under  this 
paragraph it would otherwise have ceased to operate. 
______________________________________________ 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 

and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972). 

2.    Paragraph  15  has  been  amended  in  its  application  to  the  States  of  Tripura  and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 
of 1988), s. 2 (w.e.f. 16-12-1988), as under,— 

(a) 

‘In paragraph 15, in sub-paragraph (2),-  
in  the  opening  paragraph,  for  the  words  “by  the  Legislature  of  the 
State”, the words “by him” shall be substituted; 

         (b) the proviso shall be omitted.’. 

3. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

Fourth Sch. (w.e.f. 2-4-1970).      

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

116.  Dissolution  of  a  District  or  a  Regional  Council.—  2[(1)]  The 
Governor  may  on  the  recommendation  of  a  Commission  appointed  under 
paragraph 14 of this Schedule by public notification order the dissolution of 
a District or a Regional Council, and— 

(a)  direct  that  a  fresh  general  election  shall  be  held 

immediately for the reconstitution of the Council, or 

(b)  subject  to  the  previous  approval  of  the  Legislature  of  the 
State  assume  the  administration  of  the  area  under  the  authority  of 
such  Council himself or place the administration  of such area under 
the  Commission  appointed  under  the  said  paragraph  or  any  other 
body  considered  suitable  by  him  for  a  period  not  exceeding  twelve 
months: 

Provided  that  when  an  order  under  clause  (a)  of  this  paragraph  has 
been made, the Governor may take the action referred to in clause (b) of this 
paragraph with regard to the administration of the area in question pending 
the reconstitution of the Council on fresh general election: 

Provided further that no action shall be taken under clause (b) of this 
paragraph  without  giving  the  District  or  the Regional  Council,  as  the case 
may  be,  an  opportunity  of  placing  its  views  before  the  Legislature  of  the 
State. 

______________________________________________ 
1.  Paragraph  16  has  been  amended  in  its  application  to  the  States  of  Tripura  and 

Mizoram  by  the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  1988      
(67 of 1988)  s. 2 (w.e.f. 16-12-1988),  as under:— 

         ‘(a)  in  sub-paragraph  (1),  the  words  “subject  to  the  previous  approval  of  the 
Legislature of the State” occurring in clause (b), and the second proviso shall be 
omitted; 

          (b)  for  sub-paragraph  (3),  the  following  sub-paragraph  shall  be  substituted, 

namely:— 

“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of 
this  paragraph,  along  with  the  reasons  therefor  shall  be  laid  before  the 
Legislature of the State.”.’. 

2.  Paragraph  16  renumbered  as  sub-paragraph  (1) 

thereof  by 

the  Assam 

Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s.  74  and  Fourth  Sch.     
(w.e.f. 2-4-1970).      

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

1[(2) If at any time the Governor is satisfied that a situation has arisen in 
which the administration of an autonomous district or region cannot be carried 
on  in  accordance  with  the  provisions  of  this  Schedule,  he  may,  by  public 
notification, assume to himself all or any of the functions or powers vested in or 
exercisable by the District Council or, as the case may be, the Regional Council 
and declare that such functions or powers shall be exercisable by such person or 
authority as he may specify in this behalf, for a period not exceeding six months: 
Provided that the Governor may by a further order or orders extend the  
operation  of  the  initial  order  by  a  period  not  exceeding  six  months  on  each 
occasion. 

(3) Every order made under sub-paragraph (2) of this paragraph with 
the reasons therefor shall be laid before the Legislature of the State and shall 
cease to operate at the expiration of thirty days from the date on which the 
State  Legislature  first  sits  after  the  issue  of  the  order,  unless,  before  the 
expiry of that period it has been approved by that State Legislature.] 

217.  Exclusion  of  areas  from  autonomous  districts  in  forming 
constituencies  in  such  districts.—For  the  purposes  of  elections  to  3[the 
Legislative Assembly of Assam or Meghalaya] 4[or Tripura] 5[or Mizoram], 
the  Governor  may  by  order  declare  that  any  area  within  an  autonomous 
district  6[in the State of Assam or Meghalaya  4[or Tripura]  5[or Mizoram], 
as the case may be,] shall not form part of any constituency to fill a seat or 
seats in the Assembly reserved for any such district but shall form part of a 
constituency  to  fill  a  seat  or  seats  in  the  Assembly  not  so  reserved  to  be 
specified in the order. 
7[18.* 

       *                  *] 

              * 

  * 

______________________________________________ 
1.  Added  by  the  Assam  Reorganisation  (Meghalaya)  Act,  1969  (55  of  1969),  s. 74 

and Fourth Sch. (w.e.f. 2-4-1970).       

2.  Paragraph  17  has  been  amended  in  its  application  to  the  State  of  Assam  by  the 
Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  2003  (44  of  2003),  s.  2 
(w.e.f. 7-9-2003), so as to insert the following proviso, namely:— 

“Provided  that  nothing  in  this paragraph shall  apply  to  the  Bodoland  Territorial 

Areas District.”.  

3.  Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 
and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972). 
4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 
5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).  
6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 
and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972). 

7. Paragraph 18 omitted by s. 71(i) and Eighth Sch., ibid. (w.e.f. 21-1-1972). 

 
303

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

119.  Transitional  provisions.—(1)  As  soon  as  possible  after  the 
commencement  of  this  Constitution  the  Governor  shall  take  steps  for  the 
constitution  of a District  Council for each  autonomous district in the State 
under  this  Schedule  and,  until  a  District  Council  is  so  constituted  for  an 
autonomous district, the administration of such district shall be vested in the 
Governor and the  following provisions shall apply to the administration of 
the  areas  within  such  district  instead  of  the  foregoing  provisions  of  this 
Schedule, namely:— 

(a) no Act of Parliament or of the Legislature of the State shall 
apply to any such area unless the Governor by public notification so 
directs;  and  the  Governor  in  giving  such  a  direction  with  respect  to 
any Act may direct that the Act shall, in its application to the area or 
to any specified part thereof, have effect subject to such exceptions or 
modifications as he thinks fit; 

(b) the Governor may make regulations for the peace and good 
government of any such area and any regulations so made may repeal 
or amend any Act of Parliament or of the Legislature of the State or 
any existing law which is for the time being applicable to such area. 
(2)  Any  direction  given  by  the  Governor  under  clause  (a)  of          

sub-paragraph (1) of this paragraph may be given so as to have retrospective 
effect. 

______________________________________________ 
1.    Paragraph  19  has  been  amended in  its  application  to  the  State  of  Assam  by  the 
Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  2003  (44  of  2003),  s.  2 
(w.e.f. 7-9-2003),  so as to insert the following sub-paragraph after  sub-paragraph 
(3), namely :— 

‘(4)  As  soon  as  possible  after  the  commencement  of  this  Act  an  Interim 
Executive  Council  for  Bodoland  Territorial  Areas  District  in  Assam  shall  be 
formed by the Governor from amongst leaders of the Bodo movement, including 
the  signatories  to  the  Memorandum  of  Settlement,  and  shall  provide  adequate 
representation to the non-tribal communities in that area: 

Provided that  Interim Council shall be for a period of six months during 

which endeavour to hold the election to the Council shall be made. 

Explanation.—For  the  purposes  of  this  sub-paragraph,  the  expression 
“Memorandum of Settlement” means the Memorandum signed on the 10th day of 
February, 2003 between  Government of  India, Government of  Assam and Bodo 
Liberation Tigers.’. 

304

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

(3) All regulations made under clause (b) of sub-paragraph (1) of this 
paragraph  shall be submitted forthwith to the President and, until assented 
to by him, shall have no effect. 

1[20. Tribal areas.—(1) The areas specified in Parts I, II 2[, IIA] and 
III of the table below shall respectively be the tribal areas within the State of 
Assam, the State of Meghalaya  2[, the State of Tripura] and the  3[State] of 
Mizoram. 

(2) 4[Any reference in Part I, Part II or Part III of the table below] to 
any  district  shall  be  construed  as  a  reference  to  the  territories  comprised 
within the autonomous district of that name existing immediately before the 
day  appointed  under  clause  (b)  of  section  2  of  the  North-Eastern  Areas 
(Reorganisation)  Act, 1971: 

Provided that for the purposes of clauses (e) and (f) of sub-paragraph 
(1)  of  paragraph  3,  paragraph  4,  paragraph  5,  paragraph  6,  sub-paragraph 
(2),  clauses  (a),  (b)  and  (d)  of  sub-paragraph  (3)  and  sub-paragraph  (4)  of 
paragraph  8  and  clause  (d)  of  sub-paragraph  (2)  of  paragraph  10  of  this 
Schedule, no part of the area comprised within the municipality of Shillong 
shall be deemed to be within the 5[Khasi Hills District]. 

 2[(3)  The  reference  in  Part  IIA  in  the  table  below  to  the  "Tripura 
Tribal  Areas  District"  shall  be  construed  as  a  reference  to  the  territory 
comprising  the  tribal  areas  specified  in  the  First  Schedule  to  the  Tripura 
Tribal Areas Autonomous District Council Act, 1979.] 

TABLE 

______________________________________________ 
1. Paragraph 20 subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 

1971), s. 71(i) and Eighth Sch., for paragraph 20 (w.e.f. 21-1-1972). 

2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 
3. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Union territory" 

(w.e.f. 20-2-1987). 

4.  Subs.  by  the  Constitution  (Forty-ninth  Amendment)  Act,  1984,  s.  4,  for  "Any 

reference in the table below" (w.e.f. 1-4-1985). 

5. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the 

14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.  

305

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

PART  I 

1. The North Cachar Hills District. 
2.  1[The Karbi Anglong District.] 
2[3.  The Bodoland Territorial Areas District.] 

PART II 

3[1.  Khasi Hills District. 
2.  Jaintia Hills District.] 
3.  The Garo Hills District. 

4[PART IIA] 
    Tripura Tribal Areas District] 

Part III 

5*   
*          * 
6[1. The Chakma District. 
7[2. The Mara District. 
3.  The Lai District.]] 
8[20A.  Dissolution  of 

the  Mizo  District  Council.—(1) 
Notwithstanding anything in this Schedule, the District Council of the Mizo 
District existing immediately before the prescribed date (hereinafter referred 
to as the Mizo District Council) shall stand dissolved and cease to exist. 

______________________________________________ 
1.  Subs.  by  the  Government  of  Assam  Notification  No.  TAD/R/115/74/47,  dated    

14-10-1976 for "The Mikir Hills District". 

2. Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 

2003), s. 2 (w.e.f. 7-9-2003). 

3. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the 

14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.  

4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 
5. The words "The Mizo District." omitted by the Government of Union Territories 

(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 16-2-1972).  

6.  Ins.  by  the  Mizoram  District  Councils  (Miscellaneous  Provisions)  Order,  1972,  
published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol.  I, Pt. II, 
p.17 (w.e.f. 29-4-1972). 

7.  Subs.  by  the  Sixth  Schedule  to  the  Constitution  (Amendment)  Act,  1988              

(67  of  1988),  s.  2,  for  serial  numbers  2  and  3  and  the  entries  relating  thereto   
(w.e.f. 16-12-1988). 

8. Paragraph 20A subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 
1971),  s.14,  for  paragraph  20  and  further  subs.  by  the  Government  of  Union 
Territories (Amendment) Act, 1971 (83 of 1971), s. 13, for paragraph 20A (w.e.f. 16-
2-1972).  

 
 
 
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THE CONSTITUTION OF  INDIA 
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(2) The Administrator of the Union territory of Mizoram may, 
by  one  or  more  orders,  provide  for  all  or  any  of  the  following 
matters, namely:— 

(a) the transfer, in whole or in part, of the assets, rights 
and  liabilities  of  the  Mizo  District  Council  (including  the 
rights  and  liabilities  under  any  contract  made  by  it)  to  the 
Union or to any other authority; 

(b)  the  substitution  of  the  Union  or  any  other  authority 
for the Mizo District Council, or the addition of the Union or 
any  other  authority,  as  a  party  to  any  legal  proceedings  to 
which the Mizo District Council is a party; 

(c)  the  transfer  or  re-employment  of  any  employees  of 
the  Mizo  District  Council  to  or  by  the  Union  or  any  other 
authority,  the  terms  and  conditions  of  service  applicable  to 
such employees after such transfer or re-employment; 

(d)  the  continuance  of  any  laws,  made  by  the  Mizo 
District  Council  and 
its 
in  force 
dissolution,  subject  to  such  adaptations  and  modifications, 
whether by way of repeal or amendment, as the Administrator 
may make in this behalf, until such laws are altered, repealed 
or  amended  by  a  competent  Legislature  or  other  competent 
authority; 

immediately  before 

(e)  such  incidental,  consequential  and  supplementary 

matters as the Administrator considers necessary. 

Explanation.—In this paragraph and in paragraph 20B of this 
Schedule, the expression "prescribed date" means the date on which 
the Legislative Assembly of the Union territory of Mizoram is duly 
constituted  under  and  in  accordance  with  the  provisions  of  the 
Government of Union Territories Act, 1963.] 

307

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

1[*20B. Autonomous regions in the Union territory of Mizoram to 
transitory  provisions  consequent 

be  autonomous  districts  and 
thereto.—(1) Notwithstanding anything in this Schedule,— 

(a)  every  autonomous  region  existing  immediately  before  the 
prescribed date in the Union territory of Mizoram shall, on and from 
that date, be an autonomous district in that Union territory (hereafter 
referred  to  as  the corresponding new  district)  and  the  Administrator 
thereof  may,  by  one  or  more  orders,  direct  that  such  consequential 
______________________________________________ 
1.Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), 

s. 13, for paragraph 20A (w.e.f. 16-2-1972).  

*  After paragraph 20B, the following paragraph has been inserted in its application to 
the State of Assam by the Sixth Schedule to the Constitution of India (Amendment) 
Act,1995 (42 of 1995), s.2 (w.e.f. 12-2-1995), namely:- 
     “20BA. Exercise of discretionary powers by the Governor in the discharge of 
his functions.—The Governor in the discharge of his functions under sub-paragraphs 
(2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the 
first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, 
sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-
paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of 
paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, 
sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of 
this Schedule, shall, after consulting the Council of Ministers and the North Cachar 
Hills  Autonomous  Council  or  the  Karbi  Anglong  Autonomous  Council,  as  the case 
may be, take such action as he considers necessary in his  discretion.”. 
*  After paragraph 20B, the following paragraph has been inserted in its application to 
the  State  of  Tripura  and  Mizoram,  by  the  Sixth  Schedule  to  the  Constitution 
(Amendment) Act, 1988 (67 of 1988), s.2 (16-12-1988), namely:- 

“20BB. Exercise of discretionary powers by the Governor in the discharge 
of  his  functions.—The  Governor,  in  the  discharge  of  his  functions  under  sub-
paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-
paragraph  (3)  of  paragraph  3,  sub-paragraph  (4)  of  paragraph  4,  paragraph  5,  sub-
paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of  
paragraph  9,  sub-paragraph  (1)  of  paragraph  14,  sub-paragraph  (1)  of  paragraph  15 
and  sub-paragraphs  (1)    and  (2)  of  paragraph  16  of  this  Schedule,  shall,  after 
consulting the Council of Ministers, and if he thinks it necessary, the District Council 
or the Regional Council concerned, take such action as he considers necessary in his 
discretion.”. 

 
 
308

THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

amendments  as  are  necessary  to  give  effect  to  the  provisions  of  this 
clause shall be made in paragraph 20 of this Schedule (including Part III 
of the table appended to that paragraph) and thereupon the said paragraph 
and the said Part III shall be deemed to have been amended accordingly; 

(b) every Regional Council of an autonomous region in the Union 
territory  of  Mizoram  existing  immediately  before  the  prescribed  date 
(hereafter referred to as the existing Regional Council) shall, on and from 
that  date  and  until  a  District  Council  is  duly  constituted  for  the 
corresponding new district, be deemed to be the District Council of that 
district (hereafter referred to as the corresponding new District Council). 
(2)  Every  member  whether  elected  or  nominated  of  an  existing  Regional 
Council shall be deemed to have been elected or, as the case may be, nominated to 
the corresponding new District Council and shall hold office until a District Council 
is duly constituted for the corresponding new district under this Schedule. 

(3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-
paragraph (4) of paragraph 4 of this Schedule by the corresponding new District 
Council,  the  rules  made  under  the  said  provisions  by  the  existing  Regional 
Council and in force immediately before the prescribed date shall have effect in 
relation  to  the  corresponding  new  District  Council  subject  to  such  adaptations 
and  modifications  as  may  be  made  therein  by  the  Administrator  of  the  Union 
territory of Mizoram. 

(4) The Administrator of the Union territory of  Mizoram  may, by one or 

more orders, provide for all or any of the following matters, namely:— 

(a) the transfer in whole or in part of the assets, rights and liabilities of 
the  existing  Regional Council  (including the  rights and liabilities  under  any 
contract made by it) to the corresponding new District Council; 

(b) the substitution of the corresponding  new District Council for 
the existing Regional Council as a party to the legal proceedings to which 
the existing Regional Council is a party; 

(c) the transfer or re-employment of any employees of the existing 
Regional  Council  to  or  by  the  corresponding  new  District  Council,  the 
terms  and  conditions of service applicable  to such employees  after such 
transfer or re-employment; 

(d)  the  continuance  of  any  laws  made  by  the  existing  Regional 
Council  and  in  force  immediately  before  the  prescribed  date,  subject  to 
such  adaptations  and  modifications,  whether  by  way  of  repeal  or 
amendment, as the Administrator may make in this behalf until such laws 

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THE CONSTITUTION OF  INDIA 
(Sixth Schedule) 

are  altered,  repealed  or  amended  by  a  competent  Legislature  or  other 
competent authority; 

(e)  such  incidental,  consequential  and  supplementary  matters  as 

the Administrator considers necessary. 
1[20C. Interpretation.—Subject to any provision made in this behalf, the 
provisions  of  this  Schedule  shall,  in  their  application  to  the  Union  territory  of 
Mizoram, have effect— 

(1) as if references to the Governor and Government of the State 
were  references  to  the  Administrator  of  the  Union  territory  appointed 
under  article  239,  references  to  State  (except  in  the  expression 
"Government  of  the  State")  were  references  to  the  Union  territory  of 
Mizoram  and  references  to  the  State  Legislature  were  references  to  the 
Legislative Assembly of the Union territory of Mizoram; 

(2) as if— 

(a)  in  sub-paragraph  (5)  of  paragraph  4,  the  provision  for 
consultation with the Government of the State concerned had been 
omitted; 

(b)  in sub-paragraph  (2)  of paragraph  6,  for the  words  "to 
which the executive power of the State extends", the words "with 
respect  to  which  the  Legislative  Assembly  of  the  Union  territory 
of Mizoram has power to make laws" had been substituted; 

(c)  in  paragraph  13,  the  words  and  figures  "under  article 

202" had been omitted.] 

21.  Amendment  of  the  Schedule.—(1)  Parliament  may  from  time  to 
time by law amend by way of addition, variation or repeal any of the provisions 
of  this  Schedule  and,  when  the  Schedule  is  so  amended,  any  reference  to  this 
Schedule in this Constitution shall be construed as a reference to such Schedule 
as so amended. 

(2)  No  such  law  as  is  mentioned  in  sub-paragraph (1)  of  this  paragraph 
shall  be  deemed  to  be  an  amendment  of  this  Constitution  for  the  purposes  of 
article 368. 

______________________________________________ 
1. Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971),    

s. 13, for paragraph 20A (w.e.f. 16-2-1972). 

SEVENTH SCHEDULE 
(Article 246) 
List I—Union List 

1.  Defence  of  India  and  every  part  thereof  including  preparation  for 
defence and all such acts as may be conducive in times of war to its prosecution 
and after its termination to effective demobilisation. 

2. Naval, military and air forces; any other armed forces of the Union. 
1[2A.  Deployment  of  any  armed  force  of  the  Union  or  any  other  force 
subject to the control of the Union or any contingent or unit thereof in any State 
in  aid of  the  civil  power;  powers,  jurisdiction, privileges  and  liabilities  of  the 
members of such forces while on such deployment.] 

3. Delimitation of cantonment areas, local self-government in such areas, 
the constitution and powers within such areas of cantonment authorities and the 
regulation  of  house  accommodation  (including  the  control  of  rents)  in  such 
areas. 

4. Naval, military and air force works. 
5. Arms, firearms, ammunition and explosives. 
6. Atomic energy and mineral resources necessary for its production. 
7.  Industries  declared  by  Parliament  by  law  to  be  necessary  for  the 

purpose of defence or for the prosecution of war. 

8. Central Bureau of Intelligence and Investigation. 
9.  Preventive  detention  for  reasons  connected  with  Defence,  Foreign 

Affairs, or the security of India; persons subjected to such detention. 

10.  Foreign  affairs;  all  matters  which  bring  the  Union  into  relation  with 

any foreign country. 

11. Diplomatic, consular and trade representation. 
12. United Nations Organisation. 
13.  Participation  in  international  conferences,  associations  and  other 

bodies and implementing of decisions made thereat. 

14.  Entering  into  treaties  and  agreements  with  foreign  countries  and 

implementing of treaties, agreements and conventions with foreign countries. 

______________________________________________ 
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977). 

310

 
 
311

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

15. War and peace. 
16. Foreign jurisdiction. 
17. Citizenship, naturalisation and aliens. 
18. Extradition. 
19.  Admission  into,  and  emigration  and  expulsion  from,  India;  passports 

and visas. 

20. Pilgrimages to places outside India. 
21. Piracies and crimes committed on the high seas or in the air; offences 

against the law of nations committed on land or the high seas or in the air. 

22. Railways. 
23. Highways declared by or under law made by Parliament to be national 

highways. 

24. Shipping and navigation on inland waterways, declared by Parliament 
by law to be national waterways, as regards mechanically propelled vessels; the 
rule of the road on such waterways. 

25. Maritime shipping and navigation,  including shipping and navigation 
on tidal  waters;  provision of  education  and  training  for the mercantile marine 
and  regulation  of  such  education  and  training  provided  by  States  and  other 
agencies. 

26. Lighthouses, including lightships, beacons and other provision for the 

safety of shipping and aircraft. 

27. Ports declared by or under law made by Parliament or existing law to 
be major ports, including their delimitation, and the constitution and powers of 
port authorities therein. 

28. Port quarantine, including hospitals connected therewith; seamen's and 

marine hospitals. 

29.  Airways;  aircraft  and  air  navigation;  provision  of  aerodromes; 
regulation  and  organisation  of  air  traffic  and  of  aerodromes;  provision  for 
aeronautical  education  and  training  and  regulation  of  such  education  and 
training provided by States and other agencies. 

30. Carriage of passengers and goods by railway, sea or air, or by national 

waterways in mechanically propelled vessels. 

 
312

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

31. Posts and telegraphs; telephones, wireless, broadcasting and other like 

forms of communication. 

32.  Property  of  the  Union  and  the  revenue  therefrom,  but  as  regards 
property situated in a State  1***  subject to legislation by the State, save in so 
far as Parliament by law otherwise provides. 

   * 

          *     

*                        *] 

2[33*  
34. Courts of wards for the estates of Rulers of Indian States. 
35. Public debt of the Union. 
36. Currency, coinage and legal tender;  foreign exchange. 
37. Foreign loans. 
38. Reserve Bank of India. 
39. Post Office Savings Bank. 
40. Lotteries organised by the Government of India or the Government of 

a State. 

41. Trade and commerce with foreign countries; import and export across 

customs frontiers; definition of customs frontiers. 

42. Inter-State trade and commerce. 
43.  Incorporation,  regulation  and  winding  up  of  trading  corporations, 

including  banking,  insurance  and  financial  corporations,  but  not  including     
co-operative societies. 

44.  Incorporation,  regulation  and  winding  up  of  corporations,  whether 
trading  or  not,  with  objects  not  confined  to  one  State,  but  not  including 
universities. 

45. Banking. 
46.  Bills  of  exchange,  cheques,  promissory  notes  and  other  like 

instruments. 

47. Insurance. 
48. Stock exchanges and futures markets. 
49. Patents, inventions and designs; copyright; trade-marks and merchandise 

marks. 

______________________________________________ 
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by 
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

2.  Entry 33 omitted by s. 26, ibid. (w.e.f. 1-11-1956). 

 
 
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THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

50. Establishment of standards of weight and measure. 
51. Establishment of standards of quality for goods to be exported out of 

India or transported from one State to another. 

52. Industries, the control of which by the Union is declared by Parliament 

by law to be expedient in the public interest. 

53.  Regulation  and  development  of  oilfields  and  mineral  oil  resources; 
petroleum  and  petroleum  products;  other  liquids  and  substances  declared  by 
Parliament by law to be dangerously inflammable. 

54. Regulation of  mines and mineral development  to the extent to which 
such regulation and development under the control of the Union is declared by 
Parliament by law to be expedient in the public interest. 

55. Regulation of labour and safety in mines and oilfields. 
56.  Regulation  and  development  of  inter-State  rivers  and  river valleys  to 
the extent to  which such regulation and development under the control of the 
Union is declared by Parliament by law to be expedient in the public interest. 

57. Fishing and fisheries beyond territorial waters. 
58.  Manufacture,  supply  and  distribution  of  salt  by  Union  agencies; 
regulation and control of manufacture, supply and distribution of salt by other 
agencies. 

59. Cultivation, manufacture, and sale for export, of opium. 
60. Sanctioning of cinematograph films for exhibition. 
61. Industrial disputes concerning Union employees. 
62.  The  institutions  known  at  the  commencement  of  this  Constitution  as 
the  National  Library,  the  Indian  Museum,  the  Imperial  War  Museum,  the 
Victoria Memorial and the Indian War Memorial, and any other like institution 
financed  by  the  Government  of  India  wholly  or  in    part  and  declared  by 
Parliament by law to be an institution of national importance. 

63. The institutions  known  at the  commencement of this Constitution as the 
Benares  Hindu  University,  the  Aligarh  Muslim  University  and  the  1[Delhi 
University;  the  University  established  in  pursuance  of  article  371E;]  any  other 
institution declared by Parliament by law to be an institution of national importance. 

______________________________________________ 
1.  Subs.  by  the  Constitution  (Thirty-second  Amendment)  Act,  1973,  s.  4,  for  "Delhi 

University, and" (w.e.f. 1-7-1974). 

 
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THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

64.  Institutions  for  scientific  or  technical  education  financed  by  the 
Government of India wholly or in part and declared by Parliament by law to be 
institutions of national importance. 

65. Union agencies and institutions for— 

(a)  professional,  vocational  or  technical  training,  including  the 

training of police officers; or 

(b) the promotion of special studies or research; or 
(c) scientific or technical assistance in the investigation or detection 

of crime. 

66. Co-ordination and determination of standards in institutions for higher 

education or research and scientific and technical institutions. 

67.  Ancient  and  historical  monuments  and  records,  and  archaeological 
sites  and  remains,  1[declared  by  or  under  law  made  by  Parliament]  to  be  of 
national importance. 

68.  The  Survey  of  India,  the  Geological,  Botanical,  Zoological  and 

Anthropological Surveys of India; Meteorological organisations. 

69.  Census. 
70.  Union  Public  Service;  All-India  Services;  Union  Public  Service 

Commission. 

71. Union pensions, that is to say, pensions payable by the Government of 

India or out of the Consolidated Fund of India. 

72. Elections to Parliament, to the Legislatures of States and to the offices 

of President and Vice-President; the Election Commission. 

73. Salaries and allowances of members of Parliament, the Chairman and 
Deputy Chairman of the Council of States and the Speaker and Deputy Speaker 
of the House of the People. 

74. Powers, privileges and immunities of each House of Parliament and of 
the members and the Committees of each House; enforcement of attendance of 
persons  for  giving  evidence  or  producing  documents  before  committees  of 
Parliament or commissions appointed by Parliament. 

75. Emoluments, allowances, privileges, and rights in respect of leave of 
absence,  of  the  President  and  Governors;  salaries  and  allowances  of  the 
Ministers for the Union; the salaries, allowances, and rights in respect of leave 
of  absence  and  other  conditions  of  service  of  the  Comptroller  and  Auditor-
General of India. 
______________________________________________ 
1.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by 

Parliament by law" (w.e.f. 1-11-1956). 

 
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THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

76. Audit of the accounts of the Union and of the States. 
77.  Constitution,  organisation,  jurisdiction  and  powers  of  the  Supreme 
Court (including contempt  of such Court), and the fees taken therein; persons 
entitled to practise before the Supreme Court. 

78.  Constitution  and  organisation  1[(including  vacations)]  of  the  High 
Courts  except  provisions  as  to  officers  and  servants  of  High  Courts;  persons 
entitled to practise before the High Courts. 

2[79. Extension of the jurisdiction of a High Court to, and exclusion of the 

jurisdiction of a High Court from, any Union territory.] 

80. Extension of the powers and jurisdiction of members of a police force 
belonging to any State to any area outside that State, but not so as to enable the 
police of one State to exercise powers and jurisdiction in any area outside that 
State without the consent of the Government of the State in which such area is 
situated; extension of the powers and jurisdiction of members of a police force 
belonging to any State to railway areas outside that State. 
81. Inter-State migration; inter-State quarantine. 
82. Taxes on income other than agricultural income. 
83. Duties of customs including export duties. 
3[84. Duties of excise on the following goods manufactured or produced in 

India, namely:— 

(a) petroleum crude; 
(b) high speed diesel; 
(c) motor spirit (commonly known as petrol); 
(d) natural gas; 
(e) aviation turbine fuel; and 
(f) tobacco and tobacco products.] 

85. Corporation tax. 

______________________________________________ 
1.  Ins.  by  the  Constitution  (Fifteenth  Amendment)  Act,  1963,  s.  12  (with  retrospective 

effect).  

2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for entry 79 

(w.e.f. 1-11-1956).  

3. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(a)(i) 

for entry 84 (w.e.f. 16-9-2016).  

 
316

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

86. Taxes on the capital value of the assets, exclusive of agricultural land, 

of individuals and companies; taxes on the capital of companies. 

87. Estate duty in respect of property other than agricultural land. 
88. Duties in respect of succession to property other than agricultural land. 
89. Terminal taxes on goods or passengers, carried by railway, sea or air; 

taxes on railway fares and freights. 

90. Taxes other than stamp duties on transactions in stock exchanges and 

futures markets. 

91.  Rates  of  stamp  duty  in  respect  of  bills  of  exchange,  cheques, 
promissory notes, bills of lading, letters of credit, policies of insurance, transfer 
of shares, debentures, proxies and receipts. 

1[92. *                  *                  *                  *                  *                  *] 
2[92A.  Taxes  on  the  sale  or  purchase  of  goods  other  than  newspapers, 
where  such  sale  or  purchase  takes  place  in  the  course  of  inter-State  trade  or 
commerce.] 

3[92B. Taxes on the consignments of goods (whether the consignment is to 
the  person  making  it  or  to  any  other  person),  where  such  consignment  takes 
place in the course of inter-State trade or  commerce.] 

4[92C. *                  *                  *                  *                  *                  *] 
93. Offences against laws with respect to any of the matters in this List. 
94. Inquires, surveys and statistics for the purpose of any of the matters in 

this List. 

95. Jurisdiction and powers of all courts, except the Supreme Court, with 

respect to any of the matters in this List; admiralty jurisdiction. 

96. Fees in respect of any of the matters in this List, but not including fees 

taken in any court. 

97. Any other matter not enumerated in List II or List III including any tax 

not mentioned in either of those Lists. 
______________________________________________ 
1. Entry 92 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, 

s. 17(a)(ii) (w.e.f. 16-9-2016).                   

2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956). 
3. Ins.by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983). 
4.  Entry  92C  was  ins.  by  the  Constitution  (Eighty-eighth  Amendment)  Act,  2003,  s.  4 
(date  not  notified)  and  omitted  by  the  Constitution  (One  Hundred  and  First 
Amendment) Act, 2016, s. 17(a)(ii) (w.e.f. 16-9-2016).                  

 
317

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

List II—State List 

1.  Public  order  (but  not  including  1[the  use  of  any  naval,  military  or  air 
force or any other armed force of the Union or of any other force subject to the 
control  of  the  Union  or  of  any  contingent  or  unit  thereof]  in  aid  of  the  civil 
power). 

2[2. Police (including railway and village police) subject to the provisions 

of entry 2A of List I.] 

3.  3***  Officers  and  servants  of  the  High  Court;  procedure  in  rent  and 

revenue courts; fees taken in all courts except the Supreme Court. 

4.  Prisons,  reformatories,  Borstal  institutions  and  other  institutions  of  a 
like nature, and persons detained therein; arrangements with other States for the 
use of prisons and other institutions. 

5.  Local  government,  that  is  to  say,  the  constitution  and  powers  of 
municipal corporations, improvement trusts, districts boards, mining settlement 
authorities and other local authorities for the purpose of local self-government 
or village administration. 

6. Public health and sanitation; hospitals and dispensaries. 
7. Pilgrimages, other than pilgrimages to places outside India. 
8.  Intoxicating  liquors,  that  is  to  say,  the  production,  manufacture, 

possession, transport, purchase and sale of intoxicating liquors. 

9. Relief of the disabled and unemployable. 
10. Burials and burial grounds; cremations and cremation grounds. 
4[11* 
             *                        * 
12.  Libraries,  museums  and  other  similar  institutions  controlled  or 
financed by the State; ancient and historical monuments and records other than 
those  5[declared  by  or  under  law  made  by  Parliament]  to  be  of  national 
importance. 

  * 

                  *]                

______________________________________________ 
1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  57,  for  certain 

words (w.e.f. 3-1-1977). 

2. Subs. by s. 57, for entry 2, ibid. (w.e.f. 3-1-1977). 
3. Certain words omitted by s. 57, ibid. (w.e.f. 3-1-1977). 
4. Entry 11 omitted  by s. 57, ibid. (w.e.f. 3-1-1977). 
5.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by 

Parliament by law" (w.e.f. 1-11-1956). 

 
318

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

13.  Communications,  that  is  to  say,  roads,  bridges,  ferries,  and  other 
means  of  communication  not  specified  in  List  I;  municipal  tramways; 
ropeways; inland waterways and traffic thereon subject to the provisions of List 
I and List III with regard to such waterways; vehicles other than mechanically 
propelled vehicles. 

14.  Agriculture,  including  agricultural  education  and  research,  protection 

against pests and prevention of plant diseases. 

15. Preservation, protection and improvement of  stock and prevention of 

animal diseases; veterinary training and practice. 

16. Pounds and the prevention of cattle trespass. 
17.  Water,  that  is  to  say,  water  supplies,  irrigation  and  canals,  drainage 
and embankments,  water storage and water power subject to the provisions of 
entry 56 of List I. 

18. Land, that is to say, rights in or over land, land tenures including the 
relation  of  landlord  and  tenant,  and  the  collection  of  rents;  transfer  and 
alienation  of  agricultural  land;  land  improvement  and  agricultural  loans; 
colonization. 
1[19*       
20*       
21. Fisheries. 
22.  Courts  of  wards  subject  to  the  provisions  of  entry  34  of  List  I; 

*                       *                          *                        * 
*                       *                          *                        *] 

encumbered and attached estates. 

23.  Regulation  of  mines  and  mineral  development  subject  to  the 
provisions  of  List  I  with  respect  to  regulation  and  development  under  the 
control of the Union. 

24. Industries subject to the provisions of 2[entries 7 and 52] of List I. 
25. Gas and gas-works. 
26. Trade and commerce within the State subject to the provisions of entry 

33 of List III. 

______________________________________________ 
1. Entries 19 and 20 omitted  by the Constitution (Forty-second Amendment) Act, 1976,   

s. 57 (w.e.f. 3-1-1977). 

2.    Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  28  for  “entry  52”      

(w.e.f. 1-11-1956).  

 
319

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

27. Production, supply and distribution of goods subject to the provisions 

of entry 33 of List III. 

28. Markets and fairs. 
1[29*                    *                       *                        *                       *] 
30. Money-lending and money-lenders; relief of agricultural indebtedness. 
31. Inns and inn-keepers. 
32.  Incorporation,  regulation  and  winding  up  of  corporations,  other  than 
those  specified  in  List  I,  and  universities;  unincorporated  trading,  literary, 
scientific, religious and other societies and associations; co-operative societies. 
33. Theatres and dramatic performances; cinemas subject to the provisions 

of entry 60 of List I; sports, entertainments and amusements. 

34. Betting and gambling. 
35. Works,  lands and buildings vested in or in the possession of the State. 
2[36*                    *                       *                        *                       *] 
37.  Elections  to  the  Legislature  of  the  State  subject  to  the  provisions  of 

any law made by Parliament. 

38. Salaries and allowances of members of the Legislature of the State, of 
the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a 
Legislative Council, of the Chairman and Deputy Chairman thereof. 

39. Powers, privileges and immunities of the Legislative Assembly and of 
the members and the committees thereof, and, if there is a Legislative Council, 
of that Council and of the members and the committees thereof; enforcement of 
attendance  of  persons  for  giving  evidence  or  producing  documents  before 
committees of the Legislature of the State. 

40. Salaries and allowances of Ministers for the State. 
41. State public services; State Public Service Commission. 
42. State pensions, that is to say, pensions payable by the State or out of 

the Consolidated Fund of the State. 
43. Public debt of the State. 
44. Treasure trove. 

______________________________________________ 
1. Entry 29 omitted  by the Constitution (Forty-second Amendment) Act, 1976, s. 57 

(w.e.f. 3-1-1977). 

2.  Entry  36  omitted    by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  26       

(w.e.f. 1-11-1956). 

 
320

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

45. Land revenue, including the assessment and collection of revenue, the 
maintenance of land records, survey for revenue purposes and records of rights, 
and alienation of revenues. 

46. Taxes on agricultural income. 
47. Duties in respect of succession to agricultural land. 
48. Estate duty in respect of agricultural land. 
49. Taxes on lands and buildings. 
50.  Taxes  on  mineral  rights  subject  to  any  limitations  imposed  by 

Parliament by law relating to mineral development. 

51. Duties of excise on the following goods manufactured or produced in 
the State and countervailing duties at the same or lower rates on similar goods 
manufactured or produced elsewhere in India:— 

(a) alcoholic liquors for human consumption; 
(b) opium, Indian hemp and other narcotic drugs and narcotics, 

but not including medicinal and toilet preparations containing alcohol or any 
substance included in sub-paragraph (b) of this entry. 

1[52. *                  *                  *                  *                  *                  *] 
53. Taxes on the consumption or sale of electricity. 
2[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit 
(commonly  known  as  petrol),  natural  gas,  aviation  turbine  fuel  and  alcoholic 
liquor  for  human  consumption,  but  not  including  sale  in  the  course  of         
inter-State  trade  or  commerce  or  sale  in  the  course  of  international  trade  or 
commerce of such goods.] 

3[55. *                  *                  *                  *                  *                  *] 
56.  Taxes  on  goods  and  passengers  carried  by  road  or  on  inland 

waterways. 

______________________________________________ 
1. Entry 52 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, 

s. 17(b)(i) (w.e.f. 16-9-2016).                   

2. Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956) and                  

further  subs.  by  the  Constitution  (One  Hundred  and  First  Amendment)  Act,  2016,        
s. 17(b)(ii) (w.e.f. 16-9-2016). 

3. Entry 55 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, 

s. 17(b)(iii) (w.e.f. 16-9-2016).                   

 
321

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

57. Taxes on vehicles, whether mechanically propelled or not, suitable for 
use on roads, including tramcars subject to the provisions of entry 35 of List III. 

58. Taxes on animals and boats. 
59. Tolls. 
60. Taxes on professions, trades, callings and employments. 
61. Capitation taxes. 
1[62.  Taxes  on  entertainments  and  amusements  to  the  extent  levied  and 
collected by a Panchayat or a Municipality or a Regional Council or a District 
Council.] 

63. Rates of stamp duty in respect of documents other than those specified 

in the provisions of List I with regard to rates of stamp duty. 

64. Offences against laws with respect to any of the matters in this List. 
65. Jurisdiction and powers of all courts, except the Supreme Court, with 

respect to any of the matters in this List. 

66. Fees in respect of any of the matters in this List, but not including fees 

taken in any court. 

List III—Concurrent List 

 1. Criminal law, including all  matters included in the Indian Penal Code 
at the commencement of this Constitution but excluding offences against laws 
with respect to any of the matters specified in List I or List II and excluding the 
use of naval, military or air forces or any other armed forces of the Union in aid 
of the civil power. 

 2.  Criminal  procedure,  including  all  matters  included  in  the  Code  of 

Criminal Procedure at the commencement of this Constitution. 

 3. Preventive detention for reasons connected with the security of a State, 
the  maintenance  of  public  order,  or  the  maintenance  of  supplies  and  services 
essential to the community; persons subjected to such detention. 

 4. Removal from one State to another State of prisoners, accused persons 
and persons subjected to preventive detention for reasons specified in entry 3 of 
this List. 

______________________________________________ 
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17(b) 

(iv), for entry 62 (w.e.f. 16-9-2016). 

 
322

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

 5.  Marriage  and  divorce;  infants  and  minors;  adoption;  wills,  intestacy 
and  succession;  joint  family  and  partition;  all  matters  in  respect  of  which 
parties in judicial proceedings were immediately before the commencement of 
this Constitution subject to their personal law. 

 6. Transfer of property other than agricultural land; registration of deeds 

and documents. 

 7.    Contracts,  including  partnership,  agency,  contracts  of  carriage,  and 
other  special  forms  of  contracts,  but  not  including  contracts  relating  to 
agricultural land. 

 8.  Actionable wrongs. 
 9.  Bankruptcy and insolvency. 
10. Trust and Trustees. 
11.  Administrators-general and official trustees. 
1[11A.  Administration  of  Justice;  constitution  and  organisation  of  all 

courts, except the Supreme Court and the High Courts.] 

12. Evidence and oaths; recognition of laws, public acts and records, and 

judicial proceedings. 

13.  Civil  procedure,  including  all  matters  included  in  the  Code  of  Civil 
Procedure at the commencement of this Constitution, limitation and arbitration. 

14. Contempt of court, but not including contempt of the Supreme Court. 
15. Vagrancy; nomadic and migratory tribes. 
16.  Lunacy  and  mental  deficiency,  including  places  for  the  reception  or 

treatment of lunatics and mental deficients. 

17. Prevention of cruelty to animals. 
1[17A.  Forests. 
17B. Protection of wild animals and birds.] 
18. Adulteration of foodstuffs and other goods. 
19. Drugs and poisons, subject to the provisions of entry 59 of List I with 

respect to opium. 

20. Economic and social planning. 
1[20A. Population control and family planning.] 

______________________________________________ 
1. Entries 11A, 17A, 17B and 26A ins. by the Constitution (Forty-second Amendment) 

Act, 1976, s. 57 (c) (i),(ii) and (iii)(w.e.f. 3-1-1977). 

 
323

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

21. Commercial and industrial monopolies, combines and trusts. 
22. Trade unions; industrial and labour disputes. 
23. Social security and social insurance; employment and unemployment. 
24.  Welfare  of  labour  including  conditions  of  work,  provident  funds, 
employers' liability, workmen's compensation, invalidity and old age pensions 
and maternity benefits. 

1[25.  Education,  including  technical  education,  medical  education  and 
universities,  subject  to  the  provisions  of  entries  63,  64,  65  and  66  of  List  I; 
vocational and technical training of labour.] 

26. Legal, medical and other professions. 
27. Relief and rehabilitation of persons displaced from their original place 
of residence by reason of the setting up of the Dominions of India and Pakistan. 
28.  Charities      and      charitable    institutions,    charitable      and      religious  

endowments and religious institutions. 

29. Prevention of the extension from one State to another of infectious or 

contagious diseases or pests affecting men, animals or plants. 

30. Vital statistics including registration of births and deaths. 
31. Ports other than those declared by or under law made by Parliament or 

existing law to be major ports. 

32. Shipping and navigation on inland waterways as regards mechanically 
propelled vessels, and the rule of the road on such waterways, and the carriage 
of passengers and goods on inland waterways subject to the provisions of List I 
with respect to national waterways. 

2[33. Trade and commerce in, and the production, supply and distribution 

of,— 

(a) the products of any industry where the control of such industry 
by  the  Union  is  declared  by  Parliament  by  law  to  be  expedient  in  the 
public interest, and imported goods of the same kind as such products; 

(b) foodstuffs, including edible oilseeds and oils; 
(c) cattle fodder, including oilcakes and other concentrates; 
(d) raw cotton, whether ginned or unginned, and cotton seed; and 

______________________________________________ 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (c) (iv) for entry 25 

(w.e.f. 3-1-1977). 

2.  Subs.  by  the  Constitution  (Third  Amendment)  Act,  1954,  s.  2  for  entry  33             

(w.e.f. 22-2-1955).  

 
324

THE CONSTITUTION OF  INDIA 
(Seventh Schedule) 

(e) raw jute.] 

1[33A. Weights and measures except establishment of standards.] 
34.  Price control.  
35.  Mechanically  propelled  vehicles  including  the  principles  on  which 

taxes on such vehicles are to be levied. 

36. Factories 
37. Boilers. 
38. Electricity. 
39. Newspapers, books and printing presses. 
40.  Archaeological  sites  and  remains  other  than  those  2[declared  by  or 

under law made by Parliament] to be of national importance. 

41. Custody, management and disposal of property (including agricultural 

land) declared by law to be evacuee property. 

3[42. Acquisition and requisitioning of property.] 
43.  Recovery  in  a  State  of  claims  in  respect  of  taxes  and  other  public 
demands,  including  arrears  of  land-revenue  and  sums  recoverable  as  such 
arrears, arising outside that State. 

44. Stamp duties other than duties or fees collected by  means of judicial 

stamps, but not including rates of stamp duty. 

45. Inquiries and statistics for the purposes of any of the matters specified 

in List II or List III. 

46. Jurisdiction and powers of all courts, except the Supreme Court, with 

respect to any of the matters in this List. 

47. Fees in respect of any of the matters in this List, but not including fees 

taken in any court.  

______________________________________________ 
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).  
2.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by 

Parliament by law" (w.e.f. 1-11-1956). 

3.  Subs. by s. 26, ibid., for entry 42 (w.e.f. 1-11-1956). 

 
 
EIGHTH SCHEDULE 
[Articles 344(1) and 351] 
Languages 

1.   Assamese. 
2.   Bengali. 
1[3.   Bodo. 
4.  Dogri.] 
2[5.]   Gujarati. 
3[6.]   Hindi. 
3[7.]   Kannada. 
3[8.]  Kashmiri. 
4[3[9.]   Konkani.] 
1[10. Maithili.] 
5[11.]  Malayalam. 
4[6[12.]  Manipuri.] 
6[13.]  Marathi. 
4[6[14.] Nepali.] 
6[15.] 7[Odia]. 
6[16.]  Punjabi. 
6[17.]  Sanskrit. 

______________________________________________ 
1. Entries 3and 4 ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2      

(w.e.f. 7-1-2004). 

2. Entry 3 renumbered as entry 5 by s. 2, ibid. (w.e.f. 7-1-2004). 
3. Entries 4 to 7 renumbered as entries 6 to 9 by s. 2, ibid. (w.e.f. 7-1-2004). 
4. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s.2 (w.e.f. 31-8-1992). 
5. Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act, 

2003, s. 2 (w.e.f. 7-1-2004). 

6. Entries 9 to 14 renumbered as entries 12 to 17 by s. 2, ibid. (w.e.f. 7-1-2004). 
7.  Subs.  by  the  Constitution  (Ninety-sixth  Amendment)  Act,  2011,  s.  2,  for  "Oriya" 

(w.e.f. 23-9-2011).  

325 

  
 
326

THE CONSTITUTION OF  INDIA 

(Eighth Schedule) 

1[18.  Santhali.] 
2[3[19.]  Sindhi.] 
4[20.]  Tamil. 
4[21.]  Telugu. 
           4[22.]  Urdu.   

______________________________________________ 
1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004). 
2. Ins. by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).   
3.  Entry  15  renumbered  as  entry  19  by  the  Constitution  (Ninety-second  Amendment)  

Act, 2003, s. 2 (w.e.f. 7-1-2004).  

4. Entries 16 to 18 renumbered as entries 20 to 22 by s. 2,  ibid. (w.e.f. 7-1-2004). 

 
1[NINTH SCHEDULE 
(Article 31B) 

1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). 
2.  The  Bombay  Tenancy  and  Agricultural  Lands  Act,  1948  (Bombay  Act 

LXVII of 1948). 

3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949). 
4. The Bombay  Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII 

of 1949). 

5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act 

LXIII of 1949). 

6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950). 
7.  The  Bombay  Paragana  and  Kulkarni  Watan  Abolition  Act,  1950 

(Bombay Act LX of 1950). 

8.  The  Madhya  Pradesh  Abolition  of  Proprietary  Rights  (Estates,  Mahals, 

Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951). 

9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 

(Madras Act XXVI of 1948). 

10.  The  Madras  Estates  (Abolition  and  Conversion  into  Ryotwari) 

Amendment Act, 1950 (Madras Act I of 1950). 

11. The Uttar Pradesh  Zamindari Abolition and  Land Reforms  Act, 1950 

(Uttar Pradesh Act I of 1951). 

12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of 

1358, Fasli). 

13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of 

1359, Fasli).] 

2[14.  The  Bihar  Displaced  Persons  Rehabilitation  (Acquisition  of  Land) 

Act, 1950 (Bihar Act XXXVIII of 1950). 

15.  The  United  Provinces  Land  Acquisition  (Rehabilitation  of  Refugees) 

Act, 1948 (U.P. Act XXVI of 1948). 

16.  The  Resettlement  of  Displaced  Persons  (Land  Acquisition)  Act,  1948 

(Act LX of 1948). 

17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted 

by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950). 

18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951). 

______________________________________________ 
1. Ninth schedule (entries 1 to 13) added by the Constitution (First Amendment) Act,   

1951, s. 14 (w.e.f. 18-6-1951).  

2. Entries 14 to 20 added by the Constitution (Fourth Amendment) Act, 1955, s. 5  
    (w.e.f. 27-4-1955). 

327

 
328

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

19.  Chapter  III-A  of  the  Industries  (Development  and  Regulation)  Act, 
1951  (Act  LXV  of  1951),  as  inserted  by  section  13  of  the  Industries 
(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953). 

20.  The  West  Bengal  Land  Development  and  Planning  Act,  1948  (West 

Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.] 

1[21.  The  Andhra  Pradesh  Ceiling  on  Agricultural  Holdings  Act,  1961 

(Andhra Pradesh Act X of 1961). 

22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands 

(Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961). 

23.  The  Andhra    Pradesh  (Telangana  Area)  Ijara  and  Kowli  Land 
Cancellation of Irregular Pattas and Abolition of Concessional Assessment Act, 
1961 (Andhra Pradesh Act XXXVI of 1961). 

24.  The  Assam  State  Acquisition  of  Lands  belonging  to  Religious  or 

Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961). 

25.  The  Bihar  Land  Reforms  (Amendment)  Act,  1953  (Bihar  Act  XX  of 

1954). 

26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus  Land)  Act,  1961  (Bihar  Act  XII  of  1962),    except  section  28  of  this 
Act. 

27.  The  Bombay  Taluqdari  Tenure  Abolition  (Amendment)  Act,  1954 

(Bombay Act I of 1955). 

28.  The  Bombay  Taluqdari  Tenure  Abolition  (Amendment)  Act,  1957 

(Bombay Act XVIII of 1958). 

29.  The  Bombay  Inams  (Kutch  Area)  Abolition  Act,  1958  (Bombay  Act 

XCVIII of 1958). 

30.  The  Bombay  Tenancy  and  Agricultural  Lands  (Gujarat  Amendment) 

Act, 1960 (Gujarat Act XVI of 1960). 

31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI 

of 1961). 

32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.) 

Regulation, 1962 (Gujarat Regulation I of 1962). 

______________________________________________ 
1. Entries 21 to 64 and Explanation added by the Constitution (Seventeenth Amendment) 

Act, 1964, s. 3 (w.e.f. 20-6-1964).  

329

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

33.  The  Gujarat  Surviving  Alienations  Abolition  Act,  1963  (Gujarat  Act 
XXXIII of 1963), except in so far as this Act relates to an alienation referred to 
in sub-clause (d) of clause (3) of section 2 thereof. 

34.  The Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)  Act,  1961 

(Maharashtra Act XXVII of 1961). 

35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation 

and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961). 

36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad 

Act XXI of 1950). 

37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961). 
38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961). 
39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).  
40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act 

XX of 1959). 

41.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  Act,  1960 

(Madhya Pradesh Act XX of 1960). 

42.  The  Madras  Cultivating  Tenants  Protection  Act,  1955  (Madras  Act 

XXV of 1955). 

43.  The  Madras  Cultivating  Tenants  (Payment  of  Fair  Rent)  Act,  1956 

(Madras Act XXIV of 1956). 

44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 

1961 (Madras Act XXXVIII of 1961). 

45.  The    Madras    Public    Trusts    (Regulation    of    Administration    of 

Agricultural Lands) Act, 1961 (Madras Act LVII of 1961). 

46.  The  Madras  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Act,  1961 

(Madras Act LVIII of 1961). 

47. The Mysore  Tenancy Act, 1952 (Mysore Act XIII of 1952). 
48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957). 
49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961). 
50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 

(Mysore Act XXXVI of 1961). 

51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962). 

330

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960). 
53.  The  Orissa  Merged  Territories  (Village  Offices  Abolition)  Act,  1963 

(Orissa Act X of 1963). 

54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953). 
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955). 
56.  The  Rajasthan  Zamindari  and  Biswedari  Abolition  Act,  1959 

(Rajasthan Act VIII of 1959). 

57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms 

Act, 1960 (Uttar Pradesh Act XVII of 1960). 

58. The  Uttar Pradesh Imposition  of Ceiling on Land Holdings Act, 1960 

(Uttar Pradesh Act I of 1961). 

59.  The  West  Bengal  Estates  Acquisition  Act,  1953  (West  Bengal  Act  I  of 

1954). 

60.  The  West  Bengal  Land  Reforms  Act,  1955  (West  Bengal  Act  X  of 

1956).  

61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954). 
62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960). 
63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 

33 of 1960). 

64. The Tripura Land Revenue and Land Reforms  Act, 1960 (Central Act 

43 of 1960). 

1[65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 

1969). 

66. The Kerala  Land Reforms (Amendment)  Act, 1971 (Kerala Act 25 of 

1971).] 

2[67.  The  Andhra  Pradesh  Land  Reforms  (Ceiling  on  Agricultural 

Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973). 

68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973). 

______________________________________________ 
1. Entries 65 and 66 ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2 

(w.e.f. 9-6-1972). 

2. Entries 67  to 86 ins. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2 

(w.e.f. 7-9-1974). 

331

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973). 

70.  The  Bihar  Land  Reforms  (Amendment)  Act,  1972  (Bihar  Act  V  of  

1972). 

71.  The  Gujarat  Agricultural  Lands  Ceiling  (Amendment)  Act,  1972 

(Gujarat Act 2 of 1974). 

72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972). 
73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal 

Pradesh Act 19 of 1973). 

74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972). 
75.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Amendment) 

Act, 1972 (Madhya Pradesh Act 12 of 1974). 

76.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Second 

Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974). 

77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1 

of 1974). 

78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973). 
79.  The  Rajasthan  Imposition  of  Ceiling  on  Agricultural  Holdings  Act, 

1973 (Rajasthan Act 11 of 1973). 

80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) 

Act, 1969 (Tamil Nadu Act 24 of 1969). 

81.  The  West   Bengal  Land  Reforms  (Amendment)  Act,  1972  (West 

Bengal Act XII of 1972). 

82.  The  West  Bengal  Estates  Acquisition  (Amendment)  Act,  1964  (West 

Bengal Act XXII of 1964). 

83. The West Bengal Estates  Acquisition (Second Amendment) Act, 1973 

(West Bengal Act XXXIII of 1973). 

84.  The  Bombay  Tenancy  and  Agricultural  Lands  (Gujarat  Amendment) 

Act, 1972 (Gujarat Act 5 of 1973). 

85.  The  Orissa  Land  Reforms  (Amendment)  Act,  1974  (Orissa  Act  9  of 

1974). 

86.  The  Tripura  Land  Revenue  and  Land  Reforms  (Second  Amendment) 

Act,1974 (Tripura Act 7 of 1974).] 

332

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

1[287*  
88.  The  Industries  (Development  and  Regulation)  Act,  1951  (Central  Act 

       *                       *  

                     *]  

         *  

65 of 1951). 

89. The Requisitioning and Acquisition of Immovable Property Act, 1952 

(Central Act 30 of 1952). 

90.  The  Mines  and  Minerals  (Regulation  and  Development)  Act,  1957 

(Central Act 67 of 1957). 

91.  The  Monopolies  and  Restrictive  Trade  Practices  Act,  1969  (Central 

Act 54 of 1969). 

2[92*                    *                      *                        * 
93.  The  Coking  Coal  Mines  (Emergency  Provisions)  Act,  1971  (Central 

              *] 

Act 64 of 1971). 

94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 

1972). 

95.  The  General  Insurance  Business  (Nationalisation)  Act,  1972  (Central 

Act 57 of 1972). 

96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 

(Central Act 58 of 1972). 

97.  The  Sick  Textile  Undertakings  (Taking  Over  of  Management)  Act, 

1972 (Central Act 72 of 1972). 

98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 

15 of 1973). 

99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973). 
100.  The  Foreign  Exchange  Regulation  Act,  1973  (Central  Act  46  of 

1973). 

101.  The    Alcock    Ashdown    Company    Limited    (Acquisition    of 

Undertakings) Act, 1973 (Central Act 56 of 1973). 

______________________________________________ 
1. Entries 87 to 124 ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5     

(w.e.f. 10-8-1975). 

2.  Entries 87  and 92  omitted by  the Constitution  (Forty-fourth  Amendment) Act,  1978,    

s. 44 (w.e.f. 20-6-1979). 

  Rep. by the Competition Act, 2002 (12 of 2003) s. 66 (w.e.f. 1-9-2009). 
 Rep. by the Foreign Exchange Management Act, 1999 (42 of 1999), s. 49  (w.e.f. 1-6-2000). 

333

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

102. The Coal Mines (Conservation and Development) Act, 1974 (Central 

Act 28 of 1974). 

103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central 

Act 37 of 1974). 

104. The Conservation of Foreign Exchange and Prevention of Smuggling 

Activities Act, 1974 (Central Act 52 of 1974). 

105.  The  Sick  Textile  Undertakings  (Nationalisation)  Act,  1974  (Central 

Act 57 of 1974). 

106.  The    Maharashtra    Agricultural    Lands    (Ceiling    on    Holdings) 

(Amendment) Act, 1964 (Maharashtra Act XVI of 1965). 

107.  The  Maharashtra  Agricultural  Lands 

(Ceiling  on  Holdings) 

(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965). 

108.  The  Maharashtra  Agricultural  Lands 
(Amendment) Act, 1968 (Maharashtra Act XVI of 1968). 

(Ceiling  on  Holdings) 

109.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)  (Second 

Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968). 

110.  The  Maharashtra  Agricultural  Lands 

(Ceiling  on  Holdings) 

(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969). 

111.  The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings)  (Second 

Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969). 

112.  The    Maharashtra    Agricultural    Lands    (Ceiling    on    Holdings) 

(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970). 

113.  The    Maharashtra    Agricultural    Lands    (Ceiling    on    Holdings) 

(Amendment) Act, 1972 (Maharashtra Act XIII of 1972). 

114.  The    Maharashtra    Agricultural    Lands    (Ceiling  on  Holdings) 

(Amendment) Act, 1973 (Maharashtra Act L of 1973). 

115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 

1965). 

116.  The  Orissa  Land  Reforms  (Amendment)  Act,  1966  (Orissa  Act  8  of 

1967). 

117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 

1967). 

334

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 

1969). 

119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 

1970). 

120.  The  Uttar  Pradesh  Imposition  of  Ceiling  on  Land  Holdings 

(Amendment) Act, 1972 (Uttar Pradesh  Act 18 of 1973). 

121.  The  Uttar  Pradesh  Imposition  of  Ceiling  on  Land  Holdings 

(Amendment) Act, 1974 (Uttar Pradesh  Act 2 of 1975). 

122.  The  Tripura  Land  Revenue  and  Land  Reforms    (Third  Amendment) 

Act, 1975 (Tripura Act 3 of 1975). 

123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971). 

124.  The  Dadra  and  Nagar  Haveli  Land  Reforms  (Amendment)  

Regulation, 1973 (5 of 1973).] 

1[125.  Section  66A  and  Chapter  IVA  of  the  Motor  Vehicles  Act,  1939 

(Central Act 4 of 1939). 

126. The Essential Commodities Act, 1955 (Central Act 10 of 1955). 
127.  The  Smugglers  and  Foreign  Exchange  Manipulators  (Forfeiture  of 

Property) Act, 1976 (Central Act 13 of 1976). 

128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 

1976). 

129. The Conservation of Foreign Exchange and Prevention of Smuggling 

Activities (Amendment) Act, 1976 (Central Act 20 of 1976). 

2130*                       *                          *                        *                    * 
131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 

1976). 

132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 

of 1976). 

______________________________________________ 
1.  Entries  125  to  188  ins.  by  the  Constitution  (Fortieth  Amendment)  Act,  1976,  s.  3 

(w.e.f. 27-5-1976). 

 See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988). 
2.  Entry  130  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  44 

(w.e.f. 20-6-1979). 

335

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

133.  The  Departmentalisation  of  Union  Accounts  (Transfer  of  Personnel) 

Act, 1976 (Central Act 59 of 1976). 

134.  The Assam Fixation of Ceiling  on Land  Holdings Act, 1956 (Assam 

Act I of 1957). 

135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 

1958 (Bombay Act XCIX of 1958). 

136.  The  Gujarat  Private  Forests  (Acquisition)  Act,  1972  (Gujarat  Act  14 

of 1973). 

137.  The  Haryana  Ceiling  on  Land  Holdings  (Amendment)  Act,  1976 

(Haryana Act 17 of 1976). 

138.  The  Himachal  Pradesh  Tenancy  and  Land  Reforms  Act,  1972 

(Himachal Pradesh Act 8 of 1974). 

139.  The  Himachal  Pradesh  Village  Common  Lands  Vesting  and 

Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974). 

140. The Karnataka Land Reforms (Second Amendment and Miscellaneous 

Provisions) Act, 1974 (Karnataka Act 31 of 1974). 

141.  The  Karnataka  Land  Reforms  (Second  Amendment)  Act,  1976 

(Karnataka Act 27 of 1976). 

142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966). 
143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969). 
144. The Sreepadam  Lands Enfranchisement  Act, 1969 (Kerala Act 20 of 

1969). 

145.  The  Sree  Pandaravaka  Lands  (Vesting  and  Enfranchisement)  Act, 

1971 (Kerala Act 20 of 1971). 

146.  The  Kerala  Private  Forests  (Vesting  and  Assignment)  Act,  1971 

(Kerala Act 26 of 1971). 

147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974). 
148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 

of 1974). 

149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975). 
150.  The  Kerala  Scheduled  Tribes  (Restriction  on  Transfer  of  Lands  and 

Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975). 

336

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

151.  The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 

1976). 

152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976). 
153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 

Act, 1974 (Madhya Pradesh Act 20 of 1974). 

154. The Madhya Pradesh Ceiling on Agricultural Holdings  (Amendment) 

Act, 1975 (Madhya Pradesh Act 2 of 1976). 

155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition, 

etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962). 

156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 

(Maharashtra Act XIV of 1975). 

157.  The  Maharashtra  Agricultural  Lands  (Lowering  of  Ceiling  on 

Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975). 

158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra 

Act XXIX of 1975). 

159.  The  Maharashtra  Agricultural  Lands  (Lowering  of  Ceiling  on 
Holdings) and  (Amendment) Amendment  Act, 1975 (Maharashtra  Act XLVII 
of 1975). 

160.  The  Maharashtra  Agricultural  Lands 
(Amendment) Act, 1975 (Maharashtra Act II of 1976). 

(Ceiling  on  Holdings) 

161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952). 
162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954). 
163. The Rajasthan Land Reforms and Acquisition of Landowners’ Estates 

Act, 1963 (Rajasthan Act 11 of 1964). 

164.  The  Rajasthan  Imposition  of  Ceiling  on  Agricultural  Holdings 

(Amendment) Act, 1976 (Rajasthan Act 8 of 1976). 

165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 

1976). 

166. The Tamil Nadu Land  Reforms (Reduction of Ceiling on Land) Act, 

1970  (Tamil Nadu Act 17 of 1970). 

167.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1971 (Tamil Nadu Act 41 of 1971). 

337

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

168.    The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1972 (Tamil Nadu Act 10 of 1972). 

169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 

Amendment Act, 1972 (Tamil Nadu Act 20 of 1972). 

170.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Third 

Amendment Act, 1972 (Tamil Nadu Act 37 of 1972). 

171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth 

Amendment Act, 1972 (Tamil Nadu Act 39 of 1972). 

172.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Sixth 

Amendment Act, 1972 (Tamil Nadu Act 7 of 1974). 

173.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Fifth 

Amendment Act, 1972 (Tamil Nadu Act 10 of 1974). 

174.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1974 (Tamil Nadu Act 15 of 1974). 

175.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Third 

Amendment Act, 1974 (Tamil Nadu Act 30 of 1974). 

176. The Tamil Nadu  Land Reforms (Fixation of Ceiling on Land) Second 

Amendment Act, 1974 (Tamil Nadu Act 32 of 1974). 

177.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1975 (Tamil Nadu Act 11 of 1975). 

178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 

Amendment Act, 1975 (Tamil Nadu Act 21 of 1975). 

179.  Amendments  made  to  the  Uttar  Pradesh  Zamindari  Abolition  and 
Land  Reforms  Act,  1950  (Uttar  Pradesh  Act  I  of  1951)  by  the  Uttar  Pradesh 
Land  Laws  (Amendment)  Act,  1971  (Uttar  Pradesh  Act  21  of  1971)  and  the 
Uttar  Pradesh  Land  Laws  (Amendment)  Act,  1974  (Uttar  Pradesh  Act  34  of 
1974). 

180.  The  Uttar  Pradesh  Imposition  of  Ceiling  on  Land  Holdings 

(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976). 

181.  The  West  Bengal  Land  Reforms  (Second  Amendment)  Act,  1972 

(West Bengal Act XXVIII of 1972). 

182.  The  West  Bengal  Restoration  of  Alienated  Land  Act,  1973  (West 

Bengal Act XXIII of 1973). 

338

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

183.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1974  (West 

Bengal Act XXXIII of 1974). 

184.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1975  (West 

Bengal Act XXIII of 1975). 

185.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1976  (West 

Bengal Act XII of 1976). 

186.  The  Delhi  Land  Holdings  (Ceiling)  Amendment  Act,  1976  (Central 

Act 15 of 1976). 

187.  The Goa, Daman  and Diu  Mundkars (Protection from Eviction) Act, 

1975 (Goa, Daman and Diu Act 1 of 1976). 

188.  The  Pondicherry  Land  Reforms  (Fixation  of  Ceiling  on  Land)  Act, 

1973 (Pondicherry Act 9 of 1974).] 

1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam 

Act XXIII of 1971). 

190.  The  Assam  (Temporarily  Settled  Areas)  Tenancy  (Amendment)  Act, 

1974 (Assam Act XVIII of 1974). 

191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975). 

192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976). 

193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978). 

194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 

1980). 

195.  The  Haryana  Ceiling  on  Land  Holdings  (Amendment)  Act,  1977 

(Haryana Act 14 of 1977). 

196.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1978 (Tamil Nadu Act 25 of 1978). 

197.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1979 (Tamil Nadu Act 11 of 1979). 
______________________________________________ 
1.  Entries  189  to  202  were  ins.  by  the  Constitution  (Forty-seventh  Amendment)            

Act, 1984, s. 2 (w.e.f. 26-8-1984). 

339

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 

(Uttar Pradesh Act 15 of 1978). 

199.  The  West  Bengal  Restoration  of  Alienated  Land  (Amendment)  Act, 

1978 (West Bengal Act XXIV of 1978). 

200.  The  West  Bengal  Restoration  of  Alienated  Land  (Amendment)  Act, 

1980 (West Bengal Act LVI of 1980). 

201.  The  Goa,  Daman  and  Diu  Agricultural  Tenancy  Act,  1964  (Goa, 

Daman and Diu Act 7 of 1964). 

202.  The  Goa,  Daman  and  Diu  Agricultural  Tenancy  (Fifth  Amendment) 

Act, 1976 (Goa, Daman and Diu Act 17 of 1976).] 

1[203.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  Regulation, 

1959 (Andhra Pradesh Regulation 1 of 1959). 

204.  The  Andhra  Pradesh  Scheduled  Areas  Laws  (Extension  and 

Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963). 

205.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  (Amendment) 

Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970). 

206.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  (Amendment) 

Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971). 

207.  The  Andhra  Pradesh  Scheduled  Areas  Land  Transfer  (Amendment) 

Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978). 

208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885). 
209.  The  Chota  Nagpur  Tenancy  Act,  1908  (Bengal  Act  6  of  1908) 
(Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A 
and 71B; and Chapter XVIII—sections 240, 241 and 242). 

210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 

(Bihar Act 14 of 1949) except section 53. 

211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969). 
212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982). 

______________________________________________ 
1. Entries 203 to 257 were ins. by the Constitution (Sixty-sixth Amendment) Act, 1990,   

s. 2 (w.e.f. 7-6-1990). 

340

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 

1969). 

214.  The Gujarat Tenancy Laws  (Amendment)  Act, 1976 (Gujarat Act 37 

of 1976). 

215.  The  Gujarat  Agricultural  Lands  Ceiling  (Amendment)  Act,  1976 

(President's Act 43 of 1976). 

216.  The  Gujarat  Devasthan  Inams  Abolition  (Amendment)  Act,  1977 

(Gujarat Act 27 of 1977). 

217.  The Gujarat Tenancy Laws  (Amendment)  Act, 1977 (Gujarat Act 30 

of 1977). 

218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 

(Gujarat Act 37 of 1980). 

219.  The  Bombay  Land  Revenue  Code  and  Land  Tenure  Abolition  Laws 

(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982). 

220.  The  Himachal  Pradesh  Transfer  of  Land  (Regulation)  Act,  1968 

(Himachal Pradesh Act 15 of 1969). 

221.  The  Himachal  Pradesh  Transfer  of  Land  (Regulation)  (Amendment) 

Act, 1986 (Himachal Pradesh Act 16 of 1986). 

222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of 

Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979). 

223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978). 
224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 

1981). 

225.  The  Madhya  Pradesh  Land  Revenue  Code  (Third  Amendment)  Act, 

1976 (Madhya Pradesh Act 61 of 1976). 

226.  The  Madhya  Pradesh  Land  Revenue  Code  (Amendment)  Act,  1980 

(Madhya Pradesh Act 15 of 1980). 

227.  The  Madhya  Pradesh  Akrishik  Jot  Uchchatam  Seema  Adhiniyam, 

1981 (Madhya Pradesh Act 11 of 1981). 

228.  The  Madhya  Pradesh  Ceiling  on  Agricultural  Holdings  (Second 

Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984). 

229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 

Act, 1984 (Madhya Pradesh Act 14 of 1984). 

341

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 

Act, 1989 (Madhya Pradesh Act 8 of 1989). 

231.  The  Maharashtra  Land  Revenue  Code,  1966  (Maharashtra Act  41  of 

1966), sections 36, 36A and 36B. 

232.  The    Maharashtra    Land    Revenue    Code    and    the  Maharashtra 
Restoration  of  Lands  to  Scheduled  Tribes  (Second  Amendment)  Act,  1976 
(Maharashtra Act 30 of 1977). 

233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines 

and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985). 

234.  The  Orissa  Scheduled  Areas  Transfer  of  Immovable  Property  (by 

Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956). 

235.  The  Orissa  Land  Reforms  (Second  Amendment)  Act,  1975  (Orissa 

Act 29 of 1976). 

236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976). 
237.  The  Orissa  Land  Reforms  (Second  Amendment)  Act,  1976  (Orissa 

Act 44 of 1976). 

238.  The  Rajasthan  Colonisation  (Amendment)  Act,  1984  (Rajasthan  Act 

12 of 1984). 

239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 

1984). 

240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 

1987). 

241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 

Amendment Act, 1979 (Tamil Nadu Act 8 of 1980). 

242.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1980 (Tamil Nadu Act 21 of 1980). 

243.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1981 (Tamil Nadu Act 59 of 1981). 

244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 

Amendment Act, 1983 (Tamil Nadu Act 2 of 1984). 

245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh 

Act 20 of 1982). 

342

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

246.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1965  (West 

Bengal Act 18 of 1965). 

247.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1966  (West 

Bengal Act 11 of 1966). 

248.  The  West  Bengal  Land  Reforms  (Second  Amendment)  Act,  1969 

(West Bengal Act 23 of 1969). 

249.  The  West  Bengal  Estate  Acquisition  (Amendment)  Act,  1977  (West 

Bengal Act 36 of 1977). 

250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 

44 of 1979). 

251.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1980  (West 

Bengal Act 41 of 1980). 

252.  The  West  Bengal  Land  Holding  Revenue  (Amendment)  Act,  1981 

(West Bengal Act 33 of 1981). 

253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 

(West Bengal Act 37 of 1981). 

254.  The  West  Bengal  Land  Holding  Revenue  (Amendment)  Act,  1982 

(West Bengal Act 23 of 1982). 

255.  The  Calcutta  Thikka  Tenancy  (Acquisition  and  Regulation) 

(Amendment) Act, 1984 (West Bengal Act 41 of 1984). 

256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968). 
257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 

of 1981).] 

1[257A.  The  Tamil  Nadu  Backward  Classes,  Scheduled  Castes  and 
Scheduled  Tribes  (Reservation  of  Seats  in  Educational  Institutions  and  of 
appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu 
Act 45 of 1994).] 

______________________________________________ 
1. Entry 257A ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 
    (w.e.f. 31-8-1994). 

343

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

1[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar 

Act 4 of 1948). 

259. The Bihar Consolidation of Holdings and Prevention of Fragmentation 

Act, 1956 (Bihar Act 22 of 1956). 

260. The Bihar Consolidation of Holdings and Prevention of Fragmentation 

(Amendment) Act, 1970 (Bihar Act 7 of 1970). 

261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 

1970 (Bihar Act 9 of 1970). 

262. The Bihar Consolidation of Holdings and Prevention of Fragmentation 

(Amendment) Act, 1973 (Bihar Act 27 of 1975). 

263. The Bihar Consolidation of Holdings and Prevention of Fragmentation 

(Amendment) Act, 1981 (Bihar Act 35 of 1982). 

264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 

Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987). 

265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 

1989 (Bihar Act 11 of 1989). 

266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990). 
267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of 
Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984). 
268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989). 
269.  The  Kerala  Land  Reforms  (Second  Amendment)  Act,  1989  (Kerala 

Act 2 of 1990). 

270.  The  Orissa  Land  Reforms  (Amendment)  Act,  1989  (Orissa  Act  9  of 

1990). 

271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979). 
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 

of 1987). 

273.  The  Rajasthan  Colonisation  (Amendment)  Act,  1989  (Rajasthan  Act 

12 of 1989). 

______________________________________________ 
1. Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment)  Act, 1995,    

s. 2 (w.e.f. 30-8-1995). 

344

THE CONSTITUTION OF  INDIA 

(Ninth Schedule) 

274.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1983 (Tamil Nadu Act 3 of 1984). 

275.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

Amendment Act, 1986 (Tamil Nadu Act 57 of 1986). 

276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 

Amendment Act, 1987 (Tamil Nadu Act 4 of 1988). 

277.  The  Tamil  Nadu  Land  Reforms  (Fixation  of  Ceiling  on  Land) 

(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989). 

278.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1981  (West 

Bengal Act 50 of 1981). 

279.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1986  (West 

Bengal Act 5 of 1986). 

280.  The  West  Bengal  Land  Reforms  (Second  Amendment)  Act,  1986 

(West Bengal Act 19 of 1986). 

281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West 

Bengal Act 35 of 1986). 

282.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1989  (West 

Bengal Act 23 of 1989). 

283.  The  West  Bengal  Land  Reforms  (Amendment)  Act,  1990  (West 

Bengal Act 24 of 1990). 

284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 

12 of 1991).] 

Explanation.—Any acquisition made under the Rajasthan Tenancy Act, 
1955  (Rajasthan  Act  3  of  1955),  in  contravention  of  the  second  proviso  to 
clause (1) of article 31A shall, to the extent of the contravention, be void.]  

 
1[TENTH SCHEDULE 
[Articles 102(2) and 191(2)] 

Provisions as to disqualification on ground of defection 
1. Interpretation.—In this Schedule, unless the context otherwise requires,— 

(a)  "House"  means  either  House  of  Parliament  or  the  Legislative 

Assembly or, as the case may be, either House of the Legislature of a State; 

(b)  "legislature  party",  in  relation  to  a  member  of  a  House 
belonging  to  any  political  party  in  accordance  with  the  provisions  of 
paragraph 2  or  2***  paragraph 4,  means the group consisting of  all the 
members  of  that  House  for  the  time  being  belonging  to  that  political 
party in accordance with the said provisions; 

(c) "original political party", in relation to a member of a House, 
means  the  political  party  to  which  he  belongs  for  the  purposes  of  sub-
paragraph (1) of paragraph 2; 

(d) "paragraph" means a paragraph of this Schedule. 

2.  Disqualification  on  ground  of  defection.—(1)  Subject  to  the 
provisions  of  3[paragraphs  4  and  5],  a  member  of  a  House  belonging  to  any 
political party shall be disqualified for being a member of the House— 

(a) if he has voluntarily given up his membership of such political 

party; or 

(b) if he votes or abstains from  voting in such House contrary to 
any direction issued by the political party to which he belongs or by any 
person or authority authorised by it in this behalf, without obtaining, in 
either  case,  the  prior  permission  of  such  political  party,  person  or 
authority and such voting or abstention has not been condoned by such 
political  party,  person  or  authority  within  fifteen  days  from  the  date  of 
such voting or abstention. 
Explanation.—For the purposes of this sub-paragraph,— 

(a)  an  elected  member  of  a  House  shall  be deemed  to  belong  to 
the  political  party,  if  any,  by  which  he  was  set  up  as  a  candidate  for 
election as such member; 

(b) a nominated member of a House shall,— 

______________________________________________ 
1. Tenth Schedule added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6   

(w.e.f. 1-3-1985).  

2.  Certain  words  omitted by  the Constitution  (Ninety-first  Amendment)  Act, 2003,  s. 5 

(w.e.f. 1-1-2004). 

3. Subs. by s. 5, ibid., for "paragraphs 3, 4 and 5". (w.e.f. 1-1-2004). 

345

 
346

THE CONSTITUTION OF  INDIA 

(Tenth Schedule) 

(i) where he is a member of any political party on the date 
of his nomination as  such  member, be deemed to belong to such 
political party; 

(ii) in any other case, be deemed to belong to the political 
party of which he becomes, or, as the case may be, first becomes, 
a member before the expiry of six months from the date on which 
he takes his seat after complying with the requirements of article 
99 or, as the case may be, article 188. 

(2) An elected member of a House who has been elected as such otherwise 
than as a candidate set up by any political party shall be disqualified for being a 
member of the House if he joins any political party after such election. 

(3)  A  nominated  member  of  a  House  shall  be  disqualified  for  being  a 
member  of  the  House  if  he  joins  any  political  party  after  the  expiry  of  six 
months  from  the  date  on  which  he  takes  his  seat  after  complying  with  the 
requirements of article 99 or, as the case may be, article 188. 

(4)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of 
this paragraph, a person who, on the commencement of the Constitution (Fifty-
second  Amendment)  Act,  1985,  is  a  member  of  a  House  (whether  elected  or 
nominated as such) shall,— 

(i) where he was a member of political party immediately before 
such commencement, be deemed, for the purposes of sub-paragraph (1) 
of this paragraph, to have been elected as a member of such House as a 
candidate set up by such political party; 

(ii) in any other case, be deemed to be an elected member of the 
House who has been elected as such otherwise than as a candidate set up 
by  any  political  party  for  the  purposes  of  sub-paragraph  (2)  of  this 
paragraph or, as the case may be, be deemed to be a nominated member 
of the House for the purposes of sub-paragraph (3) of this paragraph. 
1*                       *                       *                       *                       *                            
4.  Disqualification  on  ground  of  defection  not  to  apply  in  case  of 
merger.—(1)  A  member  of  a  House  shall  not  be  disqualified  under  sub-
paragraph  (1)  of  paragraph  2  where  his  original  political  party  merges  with 
another  political  party  and  he  claims  that  he  and  any  other  members  of  his 
original political party— 

(a) have become members of such other political party or, as the 

case may be, of a new political party formed by such merger; or 

(b)  have  not  accepted  the  merger  and  opted  to  function  as  a 

separate group, 

______________________________________________ 
1.  Paragraph  3  omitted  by  the  Constitution  (Ninety-first  Amendment)  Act,  2003,  s.  5 

(w.e.f. 1-1-2004). 

347

THE CONSTITUTION OF  INDIA 

(Tenth Schedule) 

and  from  the  time  of  such  merger,  such  other  political  party  or  new  political 
party or group, as the  case may be, shall be deemed to be the political party to 
which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to 
be his original political party for the purposes of this sub-paragraph. 

(2) For the purposes of  sub-paragraph (1) of this paragraph, the merger 
of the  original political party of a member of a House shall be deemed to have 
taken  place  if,  and  only  if,  not  less  than  two-thirds  of  the  members  of  the 
legislature party concerned have agreed to such merger. 

5. Exemption.—Notwithstanding anything contained in this Schedule,  a 
person who has been elected to the office of the Speaker or the Deputy Speaker 
of the House of the People or the Deputy Chairman of the Council  of States or 
the Chairman or the Deputy Chairman of the Legislative Council of a State or 
the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall 
not be disqualified under this Schedule,— 

(a) if he, by reason of his election to such office, voluntarily gives 
up  the  membership  of  the  political  party  to  which  he  belonged 
immediately before such election and does not, so long as he continues 
to  hold  such  office  thereafter,  rejoin  that  political  party  or  become  a 
member of  another political party; or 

(b) if he, having given up by reason of his election to  such office his 
membership of the political party to which he belonged immediately before 
such  election, rejoins such political  party after he ceases to hold such office. 
6.  Decision  on  questions  as  to  disqualification  on    ground  of 
defection.—(1) If any question arises as to whether a member of  a House has 
become  subject  to  disqualification    under  this  Schedule,  the  question  shall be 
referred for the decision of the Chairman or, as the case may be, the Speaker of 
such House and his decision shall be final: 

Provided  that  where  the  question  which  has  arisen  is  as  to  whether  the 
Chairman or the Speaker of a House has become subject to such disqualification, 
the question shall be referred for the decision of such member of the House as the 
House may elect in this behalf and his decision shall be final. 

(2) All proceedings under sub-paragraph (1) of this paragraph in relation 
to  any  question  as  to  disqualification  of  a  member  of  a  House  under  this 
Schedule shall be deemed to be proceedings in Parliament within the meaning 
of article 122 or, as the case may be, proceedings in the Legislature of a State 
within the meaning of article 212. 

348

THE CONSTITUTION OF  INDIA 

(Tenth Schedule) 

*7.  Bar  of  jurisdiction  of  courts.—Notwithstanding  anything  in  this 
Constitution,  no  court  shall  have  any  jurisdiction  in  respect  of  any  matter 
connected with the disqualification of a member of a House under this Schedule. 

 8.  Rules.—(1)  Subject  to  the  provisions  of  sub-paragraph  (2)  of  this 
paragraph, the Chairman or the Speaker of a House may make rules for giving 
effect  to  the  provisions  of  this  Schedule,  and  in  particular,  and  without 
prejudice to the generality of the foregoing, such rules may provide for— 

(a) the maintenance of registers or other records as to the political 

parties, if any, to which different members of the House belong; 

(b) the report which the leader of a legislature party in relation to a 
member of a House shall furnish with regard to any condonation of the 
nature  referred  to  in  clause  (b)  of  sub-paragraph  (1)  of  paragraph  2  in 
respect  of  such  member,  the  time  within  which  and  the  authority  to 
whom such report shall be furnished; 

(c) the reports which a political party shall furnish with regard to 
admission  to such  political party of any  members  of the House and the 
officer of the House to whom such reports shall be furnished; and 

(d)  the  procedure  for  deciding  any  question  referred  to  in  sub-
paragraph  (1)  of  paragraph  6  including  the  procedure  for  any  inquiry 
which may be made for the purpose of deciding such question. 
(2)  The  rules  made  by  the  Chairman  or  the  Speaker  of  a  House  under 
sub-paragraph (1) of this paragraph shall be laid as soon as may be after they 
are  made  before  the  House  for  a  total  period  of  thirty  days  which  may  be 
comprised in one session or in two or more successive sessions and shall take 
effect upon the expiry of the said period of thirty days unless they are sooner 
approved  with  or  without  modifications  or  disapproved  by  the  House  and 
where they are so approved, they shall take effect on such approval in the form 
in  which  they  were  laid  or  in  such  modified  form,  as  the  case  may  be,  and 
where they are so disapproved, they shall be of no effect. 

(3) The Chairman or the Speaker of a House may, without prejudice to 
the provisions of article 105 or, as the case may be, article 194, and to any other 
power  which  he  may  have  under  this  Constitution  direct  that  any  wilful 
contravention  by  any  person  of  the  rules  made  under  this  paragraph  may  be 
dealt with in the same manner as a breach of privilege of the House.] 

______________________________________________ 
*   Paragraph 7 declared  invalid for want of ratification in accordance with the proviso to clause (2) of 

article  368  as  per  majority  opinion  in  Kihoto  Hollohon  Vs.  Zachilhu  and  Others  A.I.R.  1993        
SC 412. 

 
1. 
2. 

3. 

4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 

14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 

1[ELEVENTH SCHEDULE 
(Article 243G) 

and  watershed 

irrigation,  water  management 

Agriculture, including agricultural extension. 
Land  improvement,  implementation  of  land  reforms,  land 
consolidation and soil conservation. 
Minor 
development. 
Animal husbandry, dairying and poultry. 
Fisheries. 
Social forestry and farm forestry. 
Minor forest produce. 
Small scale industries, including food processing industries. 
Khadi, village and cottage industries. 
Rural housing. 
Drinking water. 
Fuel and fodder. 
Roads, culverts, bridges, ferries, waterways and other means of          
communication. 
Rural electrification, including distribution of electricity. 
Non-conventional energy sources. 
Poverty alleviation programme. 
Education, including primary and secondary schools. 
Technical training and vocational education. 
Adult and non-formal education. 
Libraries. 
Cultural activities. 
Markets and fairs. 
Health  and  sanitation,  including  hospitals,  primary  health 
centres and   dispensaries. 
Family welfare. 

24. 
25.  Women and child development. 
26.  

Social  welfare,  including  welfare  of  the  handicapped  and 
mentally retarded. 

27.  Welfare  of  the  weaker  sections,  and  in  particular,  of  the 

28. 

Scheduled Castes and the Scheduled Tribes. 
Public distribution system. 

______________________________________________ 
1. Eleventh Schedule added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 

(w.e.f. 24-4-1993). 

349

 
THE CONSTITUTION OF  INDIA 

29.        Maintenance of community assets.] 

350

 
1[TWELFTH SCHEDULE 
(Article 243W) 

1. 
2. 
3. 
4. 
5. 
6. 

7. 
8. 

9. 

10. 
11. 
12. 

13. 
14. 

15. 
16. 
17. 

18. 

sanitation  conservancy  and 

Urban planning including town planning. 
Regulation of land-use and construction of buildings. 
Planning for economic and social development. 
Roads and bridges. 
Water supply for domestic, industrial and commercial purposes. 
solid  waste 
Public  health, 
management. 
Fire services. 
Urban forestry, protection of the environment and promotion of 
ecological aspects. 
Safeguarding  the  interests  of  weaker  sections  of  society, 
including the handicapped and mentally retarded. 
Slum improvement and upgradation. 
Urban poverty alleviation. 
Provision  of  urban  amenities  and  facilities  such  as  parks, 
gardens, playgrounds. 
Promotion of cultural, educational and aesthetic aspects. 
Burials and burial grounds; cremations, cremation grounds; and 
electric crematoriums. 
Cattle pounds; prevention of cruelty to animals. 
Vital statistics including registration of births and deaths. 
Public amenities including street lighting, parking lots, bus stops 
and public conveniences. 
Regulation of slaughter houses and tanneries.] 

______________________________________________ 

1. Twelfth Schedule added by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 4 

(w.e.f. 1-6-1993).  

350

 
 
APPENDIX I 
THE CONSTITUTION ( ONE HUNDREDTH AMENDMENT) 
ACT, 2015 

 [28th May, 2015.] 
An Act further to amend the Constitution of India to give effect to the acquiring 
of territories by India and transfer of  certain territories to Bangladesh in 
pursuance  of  the  agreement  and  its  protocol  entered  into  between  the 
Governments of India and Bangladesh. 
BE  it  enacted  by  Parliament  in  the  Sixty-sixth  Year  of  the  Republic  of 

India as follows:— 

1. Short title.—This Act may be called the Constitution (One Hundredth 

Amendment) Act, 2015.      

2.  Definitions.—In this Act,—                          

(a) “acquired territory” means so much of the territories comprised in 
the  India-Bangladesh  agreement  and  its  protocol  and  referred  to  in  the 
First  Schedule  as  are  demarcated  for  the  purpose  of  being  acquired  by 
India  from  Bangladesh  in  pursuance  of  the  agreement  and  its  protocol 
referred to in clause (c); 

(b) “appointed day” means such date as the Central Government 
may,  by  notification  in  the  Official  Gazette,  appoint  as  the  date  for 
acquisition of territories from Bangladesh and transfer of the territories to 
Bangladesh  in  pursuance  of  the  India-Bangladesh  agreement  and  its 
protocol, after causing the territories  to be so acquired and transferred as 
referred  to  in  the  First  Schedule  and  Second  Schedule  and  demarcated for 
the purpose; 

(c)  “India-Bangladesh  agreement”  means  the  agreement  between  the 
Government of the Republic of India and the Government of the People’s 
Republic  of  Bangladesh  concerning  the  Demarcation  of  the  Land 
Boundary between India and Bangladesh and Related Matters dated the 
16th  day  of  May,  1974,  Exchange  of  Letters  dated  the  26th  day  of 
December, 1974, the 30th day of December, 1974, the 7th day of October, 
1982, the 26th day of March, 1992 and protocol to the said agreement dated 
the 6th day of September, 2011, entered into between the Governments of 
India  and  Bangladesh,  the  relevant  extracts  of  which  are  set  out  in  the 
Third Schedule; 

______________________________________________ 
 31st day of July, 2015, vide notification No. S.O. 2094(E), dated 31st July, 2015. 

351

 
352

THE CONSTITUTION OF  INDIA 
(Appendix I) 

(d)  “transferred  territory”,  means  so  much  of  the  territories 
comprised  in  the  India-Bangladesh  agreement  and  its  protocol  and 
referred to in the Second Schedule as are demarcated for the purpose of 
being  transferred  by  India  to  Bangladesh  in  pursuance  of  the 
agreements and its protocol referred to in clause (c). 
3.  Amendment  of    First    Schedule    to  Constitution.—  As  from  the 

appointed day, in the First Schedule to the Constitution,— 

(a)  in  the  paragraph  relating  to  the  territories  of  the  State  of  
Assam, the words, brackets and figures “and the territories referred to in 
Part  I  of  the  Second  Schedule  to  the  Constitution  (One  Hundredth 
Amendment)  Act,  2015,  notwithstanding  anything  contained  in  clause 
(a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far 
as it relates to the territories referred to in Part I of the Second Schedule 
to  the  Constitution  (One  Hundredth  Amendment)  Act,  2015”,  shall  be 
added at the end; 

(b) in the paragraph relating to the territories of the State of West 
Bengal, the words, brackets and figures “and also the territories referred to 
in Part III of the First Schedule but excluding the territories referred to in 
Part  III  of  the  Second  Schedule  to  the  Constitution  (One  Hundredth 
Amendment) Act, 2015, notwithstanding anything contained in clause (c) 
of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it 
relates to the territories referred to in Part III of the First Schedule and the 
territories  referred  to  in  Part  III  of  the  Second  Schedule  to  the 
Constitution (One Hundredth Amendment) Act, 2015”, shall be added at 
the end; 

(c)  in  the  paragraph  relating  to  the  territories  of  the  State  of 
Meghalaya, the words, brackets and figures “and the territories referred to in 
Part I of the First Schedule but excluding the territories referred to in Part 
II  of  the  Second  Schedule  to  the  Constitution  (One  Hundredth 
Amendment) Act, 2015”, shall be added at the end; 

(d) in the paragraph relating to the territories of the State of Tripura, 
the words, brackets and figures “and the territories referred to in Part II of the 
First  Schedule  to  the  Constitution  (One  Hundredth  Amendment)  Act, 
2015, notwithstanding anything contained in clause (d) of section 3 of the 
Constitution  (Ninth  Amendment)  Act,  1960,  so  far  as  it  relates  to  the 
territories referred to in Part II of the First Schedule to the Constitution 
(One Hundredth Amendment) Act, 2015”, shall be added at the end. 

 
353

THE CONSTITUTION OF  INDIA 
(Appendix I) 

THE FIRST SCHEDULE 

[See sections 2(a), 2(b) and 3] 

PA R T     I 

The acquired territory in relation to Article 2 of the agreement dated the 
16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the 
6th day of September, 2011. 

PA RT   I I 

The acquired territory in relation to Article 2 of the agreement dated the 
16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of 
September, 2011. 

PART   III 

The acquired territory in relation to Articles 1(12) and 2 of the agreement 
dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the 
protocol dated the 6th day of September, 2011. 

THE SECOND SCHEDULE 
[See sections 2(b), 2(d) and 3] 
PA R T    I 

The transferred territory in relation to Article 2 of the agreement dated 16th 
day  of  May,  1974  and  Article  3  (I)  (d)  (i)  (ii)  of  the  protocol  dated  6th  day  of 
September, 2011. 

PA RT    I I 

The transferred territory in relation to Article 2 of the agreement dated the 
16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of 
September, 2011. 

PART  III 

The  transferred  territory  in  relation  to  Articles  1(12)  and  2  of  the 
agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi) 
of the protocol dated the 6th day of September, 2011. 

 
 
 
 
354

THE CONSTITUTION OF  INDIA 
(Appendix I) 

THE THIRD SCHEDULE 

[See section 2(c)] 

I. EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF 
THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE'S 
REPUBLIC  OF  BANGLADESH  CONCERNING  THE  DEMARCATION  OF 
THE  LAND  BOUNDARY  BETWEEN  INDIA  AND  BANGLADESH  AND 
RELATED MATTERS DATED THE 16TH DAY OF MAY, 1974 

Article 1 (12):  ENCLAVES 

The Indian enclaves in Bangladesh and the Bangladesh enclaves in India 
should be exchanged expeditiously, excepting the enclaves mentioned in paragraph 
14 without claim to compensation for the additional area going to Bangladesh. 

Article 2: 

The Governments of India and Bangladesh agree that territories in adverse 
possession in areas already demarcated in respect of which boundary strip maps 
are already prepared, shall be exchanged within six months of the signing of the 
boundary strip maps by the plenipotentiaries. They may sign the relevant maps 
as  early  as  possible  as  and  in  any  case  not  later  than  the  31st  December,  1974. 
Early  measures  may  be  taken  to  print  maps  in  respect  of  other  areas  where 
demarcation has already taken place. These should be printed by the 31st May, 
1975 and signed by the plenipotentiaries thereafter in order that the exchange of 
adversely held possessions in these areas may take place by the 31st December, 
1975.  In  sectors  still  to  be  demarcated,  transfer  of  territorial  jurisdiction  may 
take  place  within  six  months  of  the  signature  by  plenipotentiaries  on  the 
concerned boundary strip maps. 

II.  EXTRACTS  FROM  THE  PROTOCOL  TO  THE  AGREEMENT 
BETWEEN  THE  GOVERNMENT  OF  THE  REPUBLIC  OF  INDIA  AND 
THE  GOVERNMENT  OF  THE  PEOPLE'S  REPUBLIC  OF  BANGLADESH 
CONCERNING  THE  DEMARCATION  OF  THE  LAND  BOUNDARY 
BETWEEN  INDIA  AND  BANGLADESH  AND  RELATED  MATTERS, 
DATED THE 6TH DAY OF SEPTEMBER, 2011 

Article 2: 

(II)  Article  1  Clause  12  of  the  1974  Agreement  shall  be  implemented  as 

follows:— 

 
355

Enclaves 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India 
as  per  the  jointly  verified  cadastral  enclave  maps  and  signed  at  the  level  of 
DGLR&S,  Bangladesh  and  DLR&S,  West  Bengal  (India)  in  April,  1997,  shall  be 
exchanged  without  claim  to  compensation  for  the  additional  areas  going  to 
Bangladesh. 
Article 3: 

(I) Article 2 of the 1974 Agreement shall be implemented as follows:— 

The Government of India and the Government of Bangladesh agree 
that the boundary shall be drawn as a fixed boundary for territories held in 
Adverse Possession as determined through joint survey and fully depicted 
in  the  respective  adversely  possessed  land  area  Index  Map  (APL  map) 
finalised  by  the  Land  Records  and  Survey  Departments  of  both  the 
countries  between  December,  2010  and  August,  2011,  which  are  fully 
described in clause (a) to (d) below. 

The  relevant  strip  maps  shall  be  printed  and  signed  by  the 
Plenipotentiaries and transfer of territorial jurisdiction shall be completed 
simultaneously  with  the  exchange  of  enclaves.  The  demarcation  of  the 
boundary,  as  depicted  in  the  above-mentioned  Index  Maps,  shall  be  as 
under:— 

 (a)   West Bengal Sector 

(i)   Bousmari – Madhugari (Kushtia-Nadia) area 

The boundary shall be drawn from the existing 
Boundary Pillar Nos. 154/5-S to 157/1-S to follow the 
centre of old course of river Mathabanga, as depicted 
in consolidation map of 1962, as surveyed jointly and 
agreed in June, 2011. 

 (ii)    Andharkota (Kushtia-Nadia) area 

The  boundary  shall  be  drawn  from  existing 
Boundary  Pillar  No.  152/5-S  to  Boundary  Pillar  No. 
153/1-S 
the  edge  of  existing  River 
Mathabanga  as  jointly  surveyed  and  agreed  in  June, 
2011. 

to  follow 

 
356

THE CONSTITUTION OF  INDIA 
(Appendix I) 

(iii)   Pakuria (Kushtia-Nadia) area 

The  boundary  shall  be  drawn  from  existing 
Boundary Pillar No. 151/1-S to Boundary Pillar No. 
152/2-S  to  follow  the  edge  of  River  Mathabanga  as 
jointly surveyed and agreed in June, 2011. 

(iv)   Char Mahishkundi (Kushtia-Nadia) area 
The  boundary  shall  be  drawn  from  existing 
Boundary Pillar No. 153/1-S to Boundary Pillar No. 
153/9-S  to  follow  the  edge  of  River  Mathabanga  as 
jointly surveyed and agreed in June, 2011. 
(v)  Haripal/Khutadah/Battoli/Sapameri/LNpur  (Patari) 

(Naogaon-Malda) area 

The  boundary  shall  be  drawn  as  line  joining 
from  existing  Boundary  Pillar  No.  242/S/13,  to 
Boundary  Pillar  No.  243/7-S/5  and  as  jointly 
surveyed and agreed in June, 2011. 

(vi)   Berubari (Panchagarh-Jalpaiguri area) 

in 

area  Berubari 
The  boundary 
(Panchagarh-Jalpaiguri) 
by 
held 
Bangladesh, and Berubari  and  Singhapara-Khudipara 
(Panchagarh-Jalpaiguri), adversely held by India shall 
be drawn as jointly demarcated during 1996-1998. 

the 
adversely 

(b)     Meghalaya Sector 

(i)   Lobachera-Nuncherra 

The  boundary  from  existing  Boundary  Pillar 
No.  1315/4-S  to  Boundary  Pillar  No.  1315/15-S  in 
Lailong  -  Balichera,  Boundary  Pillar  No.  1316/1-S  to 
Boundary  Pillar  No.  1316/11-S  in  Lailong-  Noonchera, 
Boundary  Pillar  No.  1317  to  Boundary  Pillar  No. 
1317/13-S  in  Lailong-  Lahiling  and  Boundary  Pillar 
No.  1318/1-S  to  Boundary  Pillar  No.  1318/2-S  in 
Lailong- Lobhachera shall be drawn to follow the edge 
of  tea  gardens  as  jointly  surveyed  and  agreed  in 
December, 2010. 

 
 
 
357

THE CONSTITUTION OF  INDIA 
(Appendix I) 

(ii)     Pyrdiwah/ Padua Area 

The  boundary  shall  be  drawn  from  existing 
Boundary  Pillar  No.  1270/1-S  as per  jointly  surveyed 
and  mutually  agreed  line  till  Boundary  Pillar  No. 
1271/1-T.  The  Parties  agree  that  the  Indian  Nationals 
from Pyrdiwah village shall be allowed to draw  water 
from  Piyang  River  near  point  No.  6  of  the  agreed 
Map. 

(iii)   Lyngkhat Area 

(aa)  Lyngkhat-I/Kulumcherra  and  Lyngkhat-

II/ Kulumcherra 

The  boundary  shall  be  drawn  from 
existing  Boundary  Pillar  No.  1264/4-S  to 
Boundary Pillar No. 1265 and BP No. 1265/6-S to 
1265/9-S  as  per  jointly  surveyed  and  mutually 
agreed line. 

(ab)  Lyngkhat-III/Sonarhat 

The  boundary  shall  be  drawn  from 
existing  Boundary  Pillar  No.  1266/13-S  along 
the  nallah  southwards  till  it  meets  another 
nallah  in  the  east-west  direction,  thereafter  it 
shall run along the northern edge of the nallah in 
east  till  it  meets  the  existing  International 
Boundary 
Pillar 
north 
Nos.1267/4-R-B and 1267/3-R-I. 

of  Reference 

(iv)   Dawki/Tamabil area 

The boundary shall be drawn by a straight line 
joining  existing  Boundary  Pillar  Nos.  1275/1-S  to 
Boundary  Pillar  Nos.  1275/7-S.  The  Parties  agree  to 
fencing on ‘zero line’ in this area. 

 
358

THE CONSTITUTION OF  INDIA 
(Appendix I) 

(v)  Naljuri/Sreepur Area 

(aa)  Naljuri I 

to 

The  boundary  shall  be  a  line  from  the 
existing  Boundary  Pillar  No.  1277/2-S  in 
three  plots  as 
southern  direction  up 
depicted in the strip Map No. 166 till it meets 
the  nallah  flowing  from  Boundary  Pillar  No. 
1277/5-T, thereafter it will run along the western 
edge of the nallah in the southern direction up 
to  2 plots  on  the  Bangladesh side, thereafter it 
shall run eastwards till it meets a line drawn in 
southern  direction  from  Boundary  Pillar  No. 
1277/4-S. 

(ab) Naljuri III 

The  boundary  shall  be  drawn  by  a 
straight line from existing Boundary Pillar No. 
1278/2-S to Boundary Pillar No. 1279/ 3-S. 

(vi)   Muktapur/ Dibir Hawor Area 

The Parties agree that the Indian Nationals shall 
be  allowed  to  visit  Kali  Mandir  and  shall  also  be 
allowed  to  draw  water  and  exercise  fishing  rights  in 
the  water  body  in  the  Muktapur  /  Dibir  Hawor  area 
from the bank of Muktapur side. 

(c) 

Tripura Sector 

Chandannagar-Champarai  Tea  Garden  area 

in 

Tripura/ Moulvi Bazar sector 

The  boundary  shall  be  drawn  along  Sonaraichhera 
river  from  existing  Boundary  Pillar  No.  1904  to  Boundary 
Pillar No. 1905 as surveyed jointly and agreed in July, 2011. 

 
359

THE CONSTITUTION OF  INDIA 
(Appendix I) 

(d)  Assam Sector 

(i)  Kalabari (Boroibari) area in Assam sector 

The  boundary  shall  be  drawn  from  existing 
Boundary  Pillar  No.  1066/24-T  to  Boundary  Pillar 
No.  1067/16-T  as  surveyed  jointly  and  agreed  in 
August, 2011. 

(ii)   Pallathal area in Assam sector 

The  boundary  shall  be  drawn  from  existing 
Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the 
outer edge of the tea  garden  and from Boundary  Pillar 
No.  1372  to  1373/2-S  along  outer  edge  of  the  pan 
plantation. 

III.  LIST  OF  EXCHANGE  OF  ENCLAVES  BETWEEN  INDIA  AND 
BANGLADESH  IN  PURSUANT  TO  ARTICLE  1  (12)  OF  THE  AGREEMENT 
DATED  16TH  MAY,  1974  AND  THE  PROTOCOL  TO  THE  AGREEMENT 
DATED 6TH SEPTEMBER, 2011 

A.    EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH 
AREA 

Sl.       Name  of  Chhits 

No. 

2 

Chhit No.  Lying  within 
Police  station 
Bangladesh 
4 

3 

Lying  within 
Police station 
W. Bengal 

5 

Area 
in 
acres 
      6 

1 

1. 
2. 
3. 
4. 
5. 
6. 
7. 

A. Enclaves with independent chhits 

Garati 
Garati 
Garati 
Garati 
Garati 
Garati 
Bingimari Part-I 

75 
76 
77 
78 
79 
80 
73 

Pochagar 
Pochagar 
Pochagar 
Pochagar 
Pochagar 
Pochagar 
Pochagar 

Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 

58.23 
0.79 
18 
958.66 
1.74 
73.75 
6.07 

 
 
360

1 

8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 

33. 

34. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Nazirganja 
Putimari 
Daikhata Chhat 
Salbari 
Kajal Dighi 
Nataktoka 
Nataktoka 
Beuladanga 
Chhat 
Balapara 
Iagrabar 
Bara 
Khankikharija 
Citaldaha 

3 

41 
42 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
60 
59 
38 
37 
36 
32 
33 
35 

3 

30 

4 

5 

       6 

Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 
Boda 

Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 
Haldibari 

58.32 
434.29 
53.47 
1.07 
17.95 
3.89 
73.27 
49.05 
5.05 
0.77 
1.04 
1.02 
3.87 
12.18 
54.04 
8.27 
14.22 
0.52 
122.8 
499.21 
1188.93 
771.44 
162.26 
0.26 
0.83 

Debiganj 

Haldibari 

1752.44 

Dimla 

Haldibari 

7.71 

 
361

1 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

3 

4 

5 

       6 

Bara 
Khankikharija 
Citaldaha 

Barakhangir 

Nagarjikobari 

Kuchlibari 

Kuchlibari 

Bara Kuchlibari 

Jamaldaha-
Balapukhari 

Uponchowki 
kuchlibari 

Uponchowki 
kuchlibari 

Bhothnri 

Balapukhari 

Bara Khangir 

Bara Khangir 

Chhat Bogdokra 

Ratanpur 

Bogdokra 

Fulker Dabri 

Dimla 

Haldibari 

36.83 

Dimla 

Dimla 

Patgram 

Patgram 

Patgram 

Haldibari 

Haldibari 

Mekliganj 

Mekliganj 

Mekliganj 

30.53 

33.41 

5.78 

2.04 

4.35 

29 

28 

31 

26 

27 

Fragment 
of J.L.107 
of  P.S 
Mekliganj 

6 

Patgram 

Mekliganj 

5.24 

115/2 

Patgram 

Mekliganj 

0.32 

Patgram 

Mekliganj 

44.04 

Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

36.83 

55.91 

50.51 

87.42 

41.7 

58.91 

25.49 

0.88 

7 

11 

5 

4 

9 

10 

11 

12 

Fragment 
of J.L. 107 
of P.S 
Mekliganj 

 
362

1 

52. 
53. 
54. 
55. 
56. 

57. 

58. 
59. 

60. 
61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
70. 
71. 
72. 
73. 
74. 
75. 
76. 
77. 
78. 
79. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

Kharkharia 
Kharkharia 
Lotamari 
Bhotbari 
Komat 
Changrabandha 
Komat 
Changrabandha 
Panisala 
Dwarikamari 
Khasbash 
Panisala 
Panisala 
Panisala 
Panisala 
Lotamari 
Lotamari 
Dwarikamari 
Dwarikamari 
Chhat Bhothat 
Baakata 
Baakata 
Baakata 
Bhogramguri 
Chenakata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 

3 

15 
13 
14 
16 
16A 

4 

Patgram 
Patgram 
Patgram 
Patgram 
Patgram 

5 

     6 

Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 

60.74 
51.62 
110.92 
205.46 
42.8 

17A 

Patgram 

Mekliganj 

16.01 

17 
18 

153/P 
153/O 
19 
21 
20 
22 
23 
25 
24 
131 
132 
130 
133 
134 
119 
120 
121 
113 
112 
114 

Patgram 
Patgram 

Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 

Mekliganj 
Mekliganj 

Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Mekliganj 
Hathabhanga 
Hathabhanga 
Hathibhanga 
Hathibhanga 
Mekliganj 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 

137.66 
36.5 

0.27 
18.01 
64.63 
51.4 
283.53 
98.85 
39.52 
45.73 
56.11 
22.35 
11.96 
20.48 
1.44 
7.81 
413.81 
30.75 
12.15 
57.86 
315.04 
0.77 

 
363

1 
80. 
81. 
82. 
83. 
84. 
85. 
86. 
87. 
88. 
89. 
90. 
91. 
92. 
93. 
94. 
95. 

96. 
97. 

98. 
99. 
100. 
101. 
102. 
103. 
104. 
105. 
106. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Banskata 
Gotamari Chhit 
Gotamari Chhit 
Banapachai 
Banapachai 
Bhitarkuthi 
Dasiar Chhara 
Dakurhat- 
Dakinirkuthi 
Kalamati 
Bhahobganj 
Baotikursa 
Bara Coachulka 
Gaochulka II 
Gaochulka I 
Dighaltari II 
Dighaltari I 
Chhoto 
Garaljhora II 

3 
115 
122 
127 
128 
117 
118 
125 
126 
129 
116 
123 
124 
135 
136 
151 
152 

150 
156 

141 
153 
142 
143 
147 
146 
145 
144 
149 

4 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Patgram 
Hatibandha 
Hatibandha 
Lalmonirhat 
Lalmonirhat 

5 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Mathabanga 
Sitalkuchi 
Sitalkuchi 
Dinhata 
Dinhata 

      6 

29.2 
33.22 
12.72 
2.33 
2.55 
30.98 
0.64 
1.39 
1.37 
16.96 
24.37 
0.28 
126.59 
20.02 
217.29 
81.71 

Fulbari 
Kurigram 

Dinhata 
Dinhata 

1643.44 
14.27 

Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 
Bhurungamari  Dinhata 

21.21 
31.58 
45.63 
39.99 
0.9 
8.92 
8.81 
12.31 
17.85 

 
364

1 

107. 

108. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

3 

4 

5 

      6 

148 

Bhurungamari 

Dinhata 

35.74 

Patgram 

Mathabhanga 

3.5 

Chhoto 
Garaljhora I 
1  chhit  without 
name  &  JL  No. 
at  the  southern 
and  of  JL  No.  38 
&  southern  and 
of  JL  No.  39 
(locally  known 
as Ashokabari*) 

109. 

(i) Bewladanga 

34 

Haldibari 

Boda 

862.46 

Enclaves with Fragmented Chhits 

(ii) Bewladanga 

Fragment  Haldibari 

110. 

(i) Kotbhajni 

2 

Haldibari 

(ii) Kotbhajni 

Fragment  Haldibari 

(iii) Kotbhajni 

Fragment  Haldibari 

(iv) Kotbhajni 

Fragment  Haldibari 

111. 

(i) Dahala 

Khagrabri  Haldibari 

(ii) Dahala 

(iii) Dahala 

(iv) Dahala 

Fragment  Haldibari 

Fragment  Haldibari 

Fragment  Haldibari 

Debiganj 

Debiganj 

Debiganj 

Debiganj 

Debiganj 

Debiganj 

Debiganj 

Debiganj 

Debiganj 

2012.27 

2650.35 

______________________________________________ 
  Corrected  vide  150th  (54th)  India-Bangladesh  Boundary  Conference  held  at  Kolkata 

from 29th September to 2nd October, 2002. 

* 

Corrected  vide  152nd  (56th)  India-Bangladesh  Boundary  Conference  held  at 

Kochbihar,  India from 18th—20th September, 2003. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
365

1 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

(v) Dahala 

3 
Fragment 

4 

Haldibari 

5 
Debiganj 

    6 

(vi) Dahala 

Fragment 

Haldibari 

Debiganj 

17160.63 

The  above  given  details  of  enclaves  have  been  jointly  compared  and 
reconciled  with  records  held  by  India  and  Bangladesh  during  the  Indo-
Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as 
during  joint  field  inspection  at  Jalpaiguri  (West  Bengal)  Panchagarh  (Bangladesh) 
sector during 21—24 November, 1996. 

Note:  Name  of  enclave  in  Sl.  No.  108  above  has  been  identified  as 

Ashokabari by joint ground verification during field season 1996-97.  

Brig. J.R. Peter 
Director Land Records & Survey   
(Ex-Officio) West Bengal, India & 
Director, Eastern Circle Survey of 
India, Calcutta. 

Md. Shafi Uddin 
Director-General, Land Records 
and Surveys, Bangladesh. 

B. EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA 

Name of Chhits  

Sl. 
No.     

Lying  within 
Police  station 
W. Bengal 

Lying  within 
Police  station 
Bangladesh 

J.L.   
No. 

Area 
in 
acres 

1 

1. 
2. 

3. 
4. 

2 

      3 

4 

5 

   6 

A. Enclaves with independent chhits 

Chhit Kuchlibari 
Chhit Land of 
Kuchlibari 
Balapukhari 
Chhit Land of Panbari 
No. 2 

Mekliganj 
Mekliganj 

Patgram 
Patgram 

Mekliganj 
Mekliganj 

Patgram 
Patgram 

22 
24 

21 
20 

370.64 
1.83 

331.64 
1.13 

 
 
 
 
 
 
 
 
 
 
366

1 
5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

3 

Chhit Panbari 

Mekliganj 

Dhabalsati Mirgipur  Mekliganj 

4 
Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Patgram 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

Mekliganj 

Mathabhanga  Patgram 

Mathabhanga  Patgram 

Mathabhanga  Patgram 

Bamandal 

Chhit Dhabalsati 

Dhabalsati 

Srirampur 

Jote Nijjama 

Chhit Land of 
Jagatber No. 3 

Chhit Land of 
Jagatber No.1 

Chhit Land of 
Jagatber No. 2 

Chhit Kokoabari 

Mathabhanga  Patgram 

Chhit Bhandardaha 

Mathabhanga  Patgram 

Dhabalguri 

Mathabhanga  Patgram 

Chhit Dhabalguri 

Mathabhanga  Patgram 

Chhit Land of 
Dhabalguri No. 3 

Chhit Land of 
Dhabalguri No. 4 

Chhit Land of 
Dhabalguri No. 5 

Chhit Land of 
Dhabalguri No. 1 

Chhit Land of 
Dhabalguri No. 2 

Mahishmari 

Bura Saradubi 

Mathabhanga  Patgram 

Mathabhanga  Patgram 

Mathabhanga  Patgram 

Mathabhanga  Patgram 

Mathabhanga  Patgram 

Sitalkuchi 

Sitalkuchi 

Patgram 

Hatibandha 

5 
18 

15 

11 

14 

13 

8 

3 

37 

35 

36 

47 

67 

52 

53 

70 

71 

72 

68 

69 

54 

13 

     6 

108.59 

173.88 

2.24 

66.58 

60.45 

1.05 

87.54 

69.84 

30.66 

27.09 

29.49 

39.96 

12.5 

22.31 

1.33 

4.55 

4.12 

26.83 

13.95 

122.77 

34.96 

 
367

1 
26. 

27. 

28. 

29. 

30. 

31. 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

Falnapur 

Amjhol 

Kismat Batrigachh 

Durgapur 

Bansua Khamar 
Gitaldaha 

Poaturkuthi 

Paschim Bakalir 
Chhara 

Madhya Bakalir 
Chhara 

Purba Bakalir 
Chhara 

3 

Sitalkuchi 

4 
Patgram 

Sitalkuchi 

Hatibandha 

Dinhata 

Dinhata 

Dinhata 

Dinhata 

Dinhata 

Kaliganj 

Kaliganj 

Lalmonirhat 

Lalmonirhat 

Bhurungamari 

5 
64 

57 

82 

83 

1 

37 

38 

     6 

505.56 

1.25 

209.95 

20.96 

24.54 

589.94 

151.98 

Dinhata 

Bhurungamari 

39 

32.72 

Dinhata 

Bhurungamari 

40 

12.23 

Madhya Masaldanga  Dinhata 

Bhurungamari 

Madhya Chhit 
Masaldanga 

Paschim Chhit 
Masaldanga 

Dinhata 

Bhurungamari 

Dinhata 

Bhurungamari 

Uttar Masaldanga 

Kachua 

Dinhata 

Dinhata 

Bhurungamari 

Bhurungamari 

Uttar Bansjani 

Tufanganj 

Bhurungamari 

3 

8 

7 

2 

5 

1 

Chhat Tilai 

Tufanganj 

Bhurungamari 

17 

136.66 

11.87 

7.6 

27.29 

119.74 

47.17 

81.56 

1397.34 

42. 

(i) Nalgram 

(ii) Nalgram 
(Fragment) 

(iii) Nalgram 
(Fragment) 

B. Enclaves with Fragmented Chhits 

Sitalkuchi 

Sitalkuchi 

Patgarm 

Patgarm 

Sitalkuchi 

Patgarm 

65 

65 

65 

 
 
 
 
 
Dinhata 

Phulbari 

368

1 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

2 

3 

4 

43. 

(i) Chhit Nalgram 

Sitalkuchi 

44. 

45. 

46. 

47. 

(ii) Chhit Nalgram 
(Fragment) 

(i) Batrigachh 
(ii) Batrigachh 
(Fragment) 

Sitalkuchi 

Dinhata 
Dinhata 

Dinhata 

Dinhata 

(iii) Batrigachh 
(Fragment) 
(i) Karala 
(ii) Karala (fragment) 

Dinhata 
Dinhata 
(iii) Karala (fragment) 
Dinhata 
(i) Sipprasad Mustati  Dinhata 
Dinhata 
(ii) Sipprasad Mustati 
(Fragment) 
(i) Dakshin 
Masaldanga 
(ii) Dakshin 
Masaldanga 
(Fragment) 
(iii) Dakshin 
Masaldanga 
(Fragment) 
(iv) Dakshin 
Masaldanga 
(Fragment) 
(v) Dakshin 
Masaldanga 
(Fragment) 
(vi) Dakshin 
Masaldanga 
(Fragment) 

Dinhata 

Dinhata 

Dinhata 

Dinhata 

Patgarm 

Patgarm 

Kaliganj 
Kaliganj 

Phulbari 
Phulbari 
Phulbari 
Phulbari 
Phulbari 

Bhurungamari 

Bhurungamari 

     6 

49.5 

577.37 

269.91 

373.2 

571.38 

5 

66 

66 

81 
81 

9 

9 
9 
8 
8 
6 

6 

6 

Bhurungamari 

6 

Bhurungamari 

6 

Bhurungamari 

6 

Bhurungamari 

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
369

1 
48. 

49. 

50. 

51. 

THE CONSTITUTION OF  INDIA 
(Appendix I) 

Dinhata 

3 
Dinhata 

2 
(i) Paschim 
Masaldanga 
(ii) Paschim 
Masaldanga (Fragment) 
(i) Purba Chhit 
Masaldanga 
(ii) Purba Chhit 
Masaldanga (Fragment) 
(i) Purba Masaldanga  Dinhata 
Dinhata 
(ii) Purba Masaldanga 
(Fragment) 

Dinhata 

Dinhata 

(i) Uttar Dhaldanga 
(ii) Uttar Dhaldanga 
(Fragment) 
(iii) Uttar Dhaldanga 
(Fragment) 

Total Area 

4 
Bhurungamari 

Bhurungamari 

5 
4 

4 

     6 

29.49 

Bhurungamari 

10 

35.01 

Bhurungamari 

10 

Bhurungamari 
Bhurungamari 

153.89 

24.98 

11 
11 

14 
14 

Tufanganj 
Tufanganj 

Bhurungamari 
Bhurungamari 

Tufanganj 

Bhurungamari 

14 

7,110.02 

The  above  given  details  of  enclaves  have  been  jointly  compared  and 
reconciled  with  records  held  by  India  and  Bangladesh  during  the  Indo-
Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as 
during joint field inspection at Jalpaiguri (West Bengal) – Panchagarh (Bangladesh) 
sector during 21—24 November, 1996. 

Brig. J.R. Peter 
Director Land Records & Survey (Ex 
officio) West Bengal, India & Director, 
Eastern Circle Survey of India, 
Calcutta. 

Md. Shafi Uddin 
Director General, Land Records 
and Surveys, Bangladesh. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
APPENDIX  II 
1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) 
ORDER, 2019 
C.O. 272 

In  exercise  of  the  powers  conferred  by  clause  (1)  of  article  370  of  the 
Constitution, the President, with the concurrence of the Government of State of 
Jammu and Kashmir, is pleased to make the following Order:—  

1. (1) This Order may be called the Constitution (Application to Jammu 

and Kashmir) Order, 2019.  

(2)  It  shall  come  into  force  at  once,  and  shall  thereupon  supersede  the 
Constitution  (Application  to  Jammu  and  Kashmir)  Order,  1954  as  amended 
from time to time.  

2. All the provisions of the Constitution, as amended from time to time, 
shall apply  in relation to the State of Jammu  and  Kashmir and the exceptions 
and modifications subject to which they shall so apply shall be as follows:– 
To article 367, there shall be added the following clause, namely:― 

“(4) For the purposes of this Constitution as it applies in relation 

to the State of Jammu and Kashmir–  

(a)  references 

the 
provisions  thereof  shall  be  construed  as  references  to  the 
Constitution or the provisions thereof as applied in relation 
to the said State;  

this  Constitution  or 

to 

to 

(b)  references  to  the  person  for  the  time  being 
recognized by the President on the recommendation of the 
Legislative Assembly of the State as the Sadar-i-Riyasat of 
Jammu and Kashmir, acting on the advice of the Council of 
Ministers of the State for the time being in office, shall be 
construed  as  references  to  the  Governor  of  Jammu  and 
Kashmir;  

(c)  references  to  the  Government  of  the  said  State 
shall be construed  as including references to the  Governor 
of Jammu and Kashmir acting on the advice of his Council 
of Ministers; and  

(d)  in  proviso  to  clause  (3)  of  article  370  of  this 
Constitution,  the  expression  “Constituent  Assembly  of  the 
State  referred  to  in  clause  (2)”  shall  read  “Legislative 
Assembly of the State”.” 

______________________________________________ 
1.Published with the Ministry of  Law and Justice, (Legislative Department) notification 
No. G.S.R. 551 (E), dated the 5th August, 2019, Gazette of India, Extraordinary, Part 
II, Section 3, Sub-section (i). 

370

 
APPENDIX III 

1DECLRATION UNDER ARTICLE 370(3) OF THE CONSTITUTION 

C.O. 273 

In  exercise  of  the  powers  conferred  by  clause  (3)  of  article  370    read 
with clause (1) of article 370 of the Constitution of India, the President, on the 
recommendation  of  Parliament,  is  pleased  to  declare  that,  as  from  the  6th 
August,  2019,  all  clauses  of  the  said  article  370  shall  cease  to  be  operative 
except  the following which shall read as under, namely :—  

“370. All provisions of this Constitution, as amended from time to 
time, without any modifications or exceptions, shall apply to the State of 
Jammu  and  Kashmir  notwithstanding  anything  contrary  contained  in 
article 152 or article 308 or any other article of this Constitution or any 
other provision  of  the  Constitution of  Jammu  and  Kashmir  or  any  law, 
document, 
judgement,  ordinance,  order,  by-law,  rule,  regulation, 
notification,  custom or usage having the force of law in the territory of 
India,  or  any  other  instrument,  treaty  or  agreement  as  envisaged  under 
article 363 or otherwise.”. 

______________________________________________ 
1.Published with the Ministry of  Law and Justice, (Legislative Department) notification 
No. G.S.R. 562(E), dated the 6th August, 2019, Gazette of India, Extraordinary, Part II, 
Section 3, Sub-section (i).