Adopted on: ۲۶ Jan ۱۹۵۰
Preamble
WE٫ THE PEOPLE OF INDIA٫ havinggg solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE٫ social٫ economic and political;
LIBERTY of thought٫ expression٫ belief٫ faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November٫ ۱۹۴۹٫ do HEREBY
ADOPT٫ ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Part I The unionnn and its Territory
Article ۱ Name and territory of the unionnn
(۱) India٫ that is Bharat٫ shall be a unionnn of States.
(۲) The States and the territories thereof shall be as specified in the First
Schedule.
(۳) The territory of India shall comprise –
(a) the territories of the States;
(b) the unionnn territories specified in the First Schedule; and
(c) such other territories as may be acquired.
Article ۲ Admission or establishment of new States
Parliament may by law admit into the unionnn٫ or establish٫ new States on such
terms and conditions as it thinks fit.
Article ۲a Sikkim to be associated with the unionnn
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Article ۳ 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
unionnn territory٫ but in the proviso٫ "State" does not include a unionnn
territory.
Explanation II: The power conferred on Parliament by clause (a) includes the
power to form a new State or unionnn
territory by uniting a part of any other State or unionnn territory to any
other State of unionnn territory.
Article ۴ Laws made under articles ۲ and ۳ to provide for the amendment of the
First and the Fourth Schedule and supplemental٫ incidental and consequential
matters
(۱) Any law referred to in article ۲ or article ۳ 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.
(۲) No such law as aforesaid shall be deemed to be in amendment of this
Constitution for the purposes of article ۳۶۸.
Part II Citizenship
Article ۵ 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.
Article ۶ Rights of citizenship of certain persons who have migrated to India
from Pakistan
Notwithstanding anything in article ۵٫ 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٫ ۱۹۳۵ (as originally enacted); and
(b)(i) in the case where such person has so migrated before the nineteenth day
of July٫ ۱۹۴۸٫ 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٫ ۱۹۴۸٫ 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.
Article ۷ Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles ۵ and ۶٫ a person who has after the first
day of March٫ ۱۹۴۷٫ 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 havinggg 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 ۶ be deemed to have migrated to the territory
of India after the nineteenth day of July٫ ۱۹۴۸.
Article ۸ Rights of citizenship of certain persons of Indian origin residing
outside India
Notwithstanding anything in article ۵٫ 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٫ ۱۹۳۵ (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.
Article ۹ Persons voluntarily acquiring citizenship of a foreign State not to
be citizens
No person shall be a citizen of India by virtue of article ۵٫ or be deemed to
be a citizen of India by virtue of article ۶ or article ۸٫ if he has
voluntarily acquired the citizenship of any foreign State.
Article ۱۰ 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.
Article ۱۱ 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
Article ۱۲ Definition
In this Part٫ unless the context otherwise required٫ "the State" includes the
Governmental 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.
Article ۱۳ Laws inconsistent with or in derogation of the fundamental rights
(۱) 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.
(۲) 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.
(۳) In this article٫ unless the context otherwise required٫ – (a) "law"
includes any Ordinance٫ order٫ bye-law٫ rule٫ regulation٫ notification٫ custom
or usage havinggg 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.
(۴) Nothing in this article shall apply to any amendment of this Constitution
made under article ۳۶۸.
Article ۱۴ 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.
Article ۱۵ Prohibition of discrimination on grounds of religion٫ race٫ caste٫
sex or place of birth
(۱) The State shall not discriminate against any citizen on grounds only of
religion٫ race٫ caste٫ sex٫ place of birth or any of them.
(۲) No citizen shall٫ on ground 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 whole or partly out of State funds or dedicated to the use of
general public.
(۳) Nothing in this article shall prevent the State from making any special
provision for women and children.
(۴) Nothing in this article or in clause (۲) or article ۲۹ 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.
Article ۱۶ Equality of opportunity in matters of public employment
(۱) There shall be equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the State.
(۲) 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.
(۳) 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 under the Government of٫ or any local or other authority within٫ a State
or unionnn territory٫ any requirement as to residence within that State or
unionnn territory prior to such employment or appointment.
(۴) 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.
(۴A) Nothing in this article shall prevent the State from making any provision
for reservation in matters of promotion to any class or classes of posts in the
services under the State in favour of the Scheduled Castes and the Scheduled
Tribes which٫ in the opinion of the State٫ are not adequately represented in
the services under the State.
(۵) 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.
Article ۱۷ 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.
Article ۱۸ Abolition of titles
(۱) No title٫ not being a military or academic distinction٫ shall be conferred
by the State.
(۲) No citizen of India shall accept any title from any foreign State.
(۳) 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.
(۴) 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.
Article ۱۹ Protection of certain rights regarding freedom of speech٫ etc.
(۱) 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 unionnns;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) to practice any profession٫ or to carry on any occupation٫ trade or
business.
(۲) Nothing in sub-clause (a) of clause (۱) 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 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.
(۳) 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 interest of the sovereignty and integrity of India or
public order٫ reasonable restrictions on the right conferred by the said
sub-clause.
(۴) 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 the 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.
(۵) Nothing in sub-clause (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 Schedule Tribe.
(۶) 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 practicing 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.
Article ۲۰ Protection in respect of conviction for offenses
(۱) 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 charrrged as an offence٫ not
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.
(۲) No person shall be prosecuted and punished for the same offence more than
once.
(۳) No person accused of any offence shall be compelled to be a witness against
himself.
Article ۲۱ Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to
procedure established by law.
Article ۲۲ Protection against arrest and detention in certain cases
(۱) 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.
(۲) Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such
arrest excluding the time necessary for the journey from the place of arrest to
court of the magistrate and no such person shall be detained in custody beyond
the said period without the authority of a magistrate.
(۳) Nothing in clauses (۱) and (۲) 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.
(۴) No law providing for preventive detention shall authorize 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:
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 (۷); 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 (۷).
(۵) 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.
(۶) Nothing in clause (۵) 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.
(۷) 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 (۴);
(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 (۴).
Article ۲۳ Prohibition of traffic in human beings and forced labour
(۱) 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.
(۲) 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 ground only of religion٫ race٫ caste or class or any
of them.
Article ۲۴ 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.
Article ۲۵ Freedom of conscience and free profession٫ practice and propagation
of religion
(۱) 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.
(۲) 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 reli-
gious institutions of a public charrracter 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 (۲)٫ 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.
Article ۲۶ 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 charrritable
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.
Article ۲۷ 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.
Article ۲۸ Freedom as to attendance at religious instruction or religious
worship in certain educational institutions
(۱) No religious instruction shall be provided in any educational institution
wholly maintained out of State funds.
(۲) Nothing in clause (۱) 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.
(۳) 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 minor٫ his guardian
has given his consent thereto.
Article ۲۹ Protection of interests of minorities
(۱) Any section of the citizens residing in the territory of India or any part
thereof havinggg a distinct language٫ scripttt or culture of its own shall
have the right to conserve the same.
(۲) 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.
Article ۳۰ Right of minorities to establish and administer educational
institutions
(۱) All minorities٫ whether based on religion or language٫ shall have the right
to establish and administer educational institutions of their choice.
(۱A) 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 (۱)٫ 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.
(۲) 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.
Article ۳۱ Compulsory acquisition of property
{…}
Article ۳۱A Saving of laws providing for acquisition of estates٫ etc.
(۱) Notwithstanding anything contained in article ۱۳٫ 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 share-holders 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 and
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 ۱۴ or article ۱۹: 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٫ havinggg 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.
(۲) 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 tenure 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 of 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.
Article ۳۱B Validation of certain Acts and Regulations
Without prejudice to the generality of the provisions contained in article ۳۱A٫
none of the Acts and Regulations specified in the Ninth Schedule nor any of the
provision thereof shall be deemed to be void٫ or even 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.
Article ۳۱C Saving of laws giving effect to certain directive principles
Notwithstanding anything contained in article ۱۳٫ 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 ۱۴ or article
۱۹; 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٫ havinggg been reserved for the consideration of the
President٫ has received his assent.
Article ۳۱D Saving of laws in respect of anti-national activities
{…}
Article ۳۲ Remedies for enforcement of rights conferred by this Part
(۱) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.
(۲) 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.
(۳) Without prejudice to the powers conferred on the Supreme Court by clauses
(۱) and (۲)٫ 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 (۲).
(۴) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
Article ۳۲A Constitutional validity of State laws not to be considered in
proceedings under article ۳۲
{…}
Article ۳۳ 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 charrrged with the maintenance of public order;
or
(c) persons employed in any bureau or other organisation established by the
State for purposes of intelligence or counter intelligence; or
(d) persons employed in٫ or in connection with٫ the 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 discharrrge of their
duties and the maintenance of discipline among them.
Article ۳۴ Restriction on rights conferred by this Part while marital 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 unionnn or of a State or
any person in respect of
any act done by him in connection with the maintenance or restoration or 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.
Article ۳۵ 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 (۳) of article ۱۶٫
clause (۳) of article ۳۲٫ article ۳۳ and article ۳۴ 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 ۳۷۲٫
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 ۳۷۲.
Part IV Directive Principles of State Policy
Article ۳۶ Definition
In this Part٫ unless the context otherwise requires٫ "the State" has the same
meaning as in Part III.
Article ۳۷ Application of the principles contained in this Part
The provisions contained in this Part shall not be enforced 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.
Article ۳۸ State to secure a social order for the promotion of welfare of the
people
(۱) 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.
(۲) 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.
Article ۳۹ Certain principles of policy to be followed by the State
The State shall٫ in particular٫ direct its policy towards securing –
(a) that the citizen٫ 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.
Article ۳۹A 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.
Article ۴۰ 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.
Article ۴۱ 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.
Article ۴۲ 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.
Article ۴۳ Living wage٫ etc.٫ for workers
The State shall endeavor 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.
Article ۴۳A 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 organisation engaged in any industry.
Article ۴۴ Uniform civil code for the citizen
The State shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.
Article ۴۵ Provision for free and compulsory education for children
The State shall endeavor to provide٫ within a period of ten years from the
commencement of this Constitution٫ for free and compulsory education for all
children until they complete the age of fourteen years.
Article ۴۶ 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.
Article ۴۷ 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 purpose of intoxicating drinks and of drugs which are injurious to
health.
Article ۴۸ 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.
Article ۴۸A 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.
Article ۴۹ Protection of monuments and places and objecttts of national
importance
It shall be the obligation of the State to protect every monument or place or
objecttt 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.
Article ۵۰ Separation of judiciary from execccutive
The State shall take steps to separate the judiciary from the execccutive in
the public services of the State.
Article ۵۱ 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 people with one another; and
(d) encourage settlement of international disputes by arbitration.
Part IVA Fundamental Duties
Article ۵۱A 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.
Part V The unionnn
Chapter I The execccutive
Article ۵۲ The President of India
There shall be a President of India.
Article ۵۳ execccutive power of the unionnn
(۱) The execccutive power of the unionnn 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.
(۲) Without prejudice to the generality of the foregoing provision٫ the supreme
command of the Defence Forces of the unionnn Shall be vested in the President
and the exercise thereof shall be regulated by law.
(۳) 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.
Article ۵۴ 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 ۵۵٫ "State" includes the National
Capital Territory of Delhi and the unionnn territory of Pondicherry.
Article ۵۵ Manner of election of President
(۱) As far as practicable٫ there shall be uniformity in the scale of
representation of the different States at the election of the President.
(۲) For the purpose of securing such uniformity among the States inter se as
well as parity between the States as a whole and the unionnn٫ 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.
(۳) 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 ۲۰۰۰ have been published٫ be
construed as a reference to the ۱۹۷۱ census.
Article ۵۶ Term of office of President
(۱) 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 Vide-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 ۶۱.
(c) the President shall٫ notwithstanding the expiration of his term٫ continue
to hold office until his successor enters upon his office.
(۲) Any resignation addressed to the Vice-President under clause (a) of the
proviso to clause (۱) shall forthwith be communicated by him to the Speaker of
the House of the People.
Article ۵۷ 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.
Article ۵۸ Qualifications for election as President
(۱) 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.
(۲) 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 unionnn or the Governor of any State or is a Minister
either for the unionnn or for any State.
Article ۵۹ Conditions of President''s office
(۱) 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.
(۲) The President shall not hold any other office of profit.
(۳) 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.
(۴) The emoluments and allowances of the President shall not be diminished
during his term of office.
Article ۶۰ Oath or affirmation by the President
Every President and every person acting as President or discharrrging the
functions of the President shall٫ before entering upon his office٫ make and
subscribe in the presence of the Chief Justice of India or٫ in his absence٫ the
senior most Judge of the Supreme Court available٫ an oath or affirmation in the
following form٫ that is to say – "I٫ A.B.٫ do swear in the name of God /
solemnly affirm that I will faithfully execccute the office of President (or
discharrrge the function 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."
Article ۶۱ Procedure for impeachment of the President
(۱) When a President is to be impeached for violation of the Constitution٫ the
charrrge shall be preferred by either House of Parliament.
(۲) No such charrrge shall be preferred unless –
(a) the proposal to prefer such charrrge 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.
(۳) When a charrrge has been so preferred by either House of Parliament٫ the
other House shall investigate the charrrge or cause the charrrge to be
investigated and the President shall have the right to appear and to be
represented at such investigation.
(۴) 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
charrrge was investigated or caused to be investigated٫ declaring that the
charrrge 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.
Article ۶۲ Time of holding election to fill vacancy in the office of resident
and the term of office or person elected to fill casual vacancy
(۱) 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.
(۲) An election to fill a vacancy in the office of President occurring by
reason of his death٫ regsignation 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 ۵۶٫ be entitled to hold office for the
full term of five years from the date on which he enters upon his office.
Article ۶۳ The Vice-President Of India
There shall be a Vice-President of India.
Article ۶۴ The Vice-President to be ex-officio Chairman of the Council of
States
The Vice-President shall be ex-officio Chairman of the Council of States and
shall not hold any other office of profit: Provided that during any period when
the Vice-President acts as President or discharrrges the functions of the
President under article ۶۵٫ 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 ۹۷.
Article ۶۵ The Vice-President to act as President or to discharrrge his
functions during casual vacancies in the office٫ or during the absence٫ of
President
(۱) In the event of the occurrence of any vacancy in the office of the
President by reason of this 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.
(۲) When the President is unable to discharrrge his functions owing to
absence٫ illness or any other cause٫ the Vice-President shall discharrrge his
functions until the date on which the President resumes his duties.
(۳) The Vice-President shall٫ during٫ and in respect of٫ the period while he is
so acting as٫ or discharrrging 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.
Article ۶۶ Election of Vice-President
(۱) 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 a single transferable vote
and the voting at such election shall be by secret ballot.
(۲) 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.
(۳) No person shall be eligible for election as Vice-President unless he –
(a) is a citizen on India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
(۴) 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 of
Vice-President of the unionnn or the Governor of any State or is a Minister
either for the unionnn or for any State.
Article ۶۷ 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.
Article ۶۸ 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
(۱) 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.
(۲) 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 ۶۷٫ be entitled to hold
office for the full term of five years from the date on which he enters upon
his office.
Article ۶۹ Oath or affirmation by the Vice-President
Every Vice-President shall٫ before entering upon his office٫ make and subscribe
before the President٫ or some person appointed in that behalf by him٫ an oath
or affirmation in the following form٫ that is to say – "I٫ A.B.٫ do swear in
the name of God /solemnly affirm that I will bear true faith and allegiance to
the Constitution of India as by law established and that I will discharrrge
the duty upon which I am about to enter."
Article ۷۰ Discharrrge of President''s functions in other contingencies
Parliament may make such provision as it thinks fit for the discharrrge of the
functions of the President in any contingency not provided for in this Chapter.
Article ۷۱ Matters relating to٫ or connected with٫ the election of a President
or Vice-President
(۱) 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.
(۲) 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.
(۳) 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.
(۴) The election of a person as President or Vice-President shall not be called
in question on the ground of the existence of any vacancy for whatever reason
among the members of the electoral college electing him.
Article ۷۲ Power of President to grant pardons٫ etc.٫ and to suspend٫ remit or
commute sentences in certain cases
(۱) 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
persons convicted of any offence – (a) in all cases where the punishment of
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 execccutive power of the unionnn
extends;
(c) in all cases where the sentence is a sentence of death.
(۲) Nothing in sub-clause (a) of clause (۱) shall affect the power conferred by
law on any officer of the Armed Forces of the unionnn to suspend٫ remit or
commute a sentence passed by a Court martial.
(۳) Nothing in sub-clause (c) of clause (۱) 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.
Article ۷۳ Extent of execccutive power of the unionnn
(۱) Subject to the provisions of this Constitution٫ the execccutive power of
the unionnn 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 of agreement:
Provided that the execccutive 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.
(۲) 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 execccutive power or functions as the State or officer or
authority thereof could exercise immediately before the commencement of this
Constitution.
Article ۷۴ Council of Ministers to aid and advise President
(۱) 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.
(۲) The question whether any٫ and if so what٫ advice was tendered by Ministers
to the President shall not be inquired into in any court.
Article ۷۵ Other provisions as to Ministers
(۱) 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.
(۲) The Minister shall hold office during the pleasure of the President.
(۳) The Council of Ministers shall be collectively responsible to the House of
the People.
(۴) 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.
(۵) 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.
(۶) 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.
Article ۷۶ Attorney-General for India
(۱) The President shall appoint a person who is qualified to be appointed a
Judge of the Supreme Court to be Attorney-General for India.
(۲) 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 charrracter٫ as may from time to time be referred or assigned to
him by the President٫ and to discharrrge the functions conferred on him by or
under this Constitution or any other law for the time being in force.
(۳) In the performance of his duties the Attorney-General shall have right of
audience in all courts in the territory of India.
(۴) The Attorney-General shall hold office during the pleasure of the
President٫ and shall receive such remuneration as the President may determine.
Article ۷۷ Conduct of business of the Government of India
(۱) All execccutive action of the Government of India shall be expressed to be
taken in the name of the President.
(۲) Orders and other instruments made and execccuted in the name of the
President shall be authenticated in such manner as may be specified in rules to
be made by the President٫ and the validity of an order or instrument which is
so authenticated shall not be called in question on the ground that it is 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 execccuted by the
President.
(۳) 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.
Article ۷۸ 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 unionnn and
proposals for legislation;
(b) to furnish such information relating the administration of the affairs of
the unionnn on 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
Article ۷۹ Constitution of Parliament
There shall be a Parliament for the unionnn which shall consists of the
President and two Houses to be known respectively as the Council of States and
the House of the People.
Article ۸۰ Composition of the Council of States –
(۱) The Council of States shall consists of –
(a) twelve members to be nominated by the President in accordance with the
provisions of clause (۳); and
(b) not more than two hundred and thirty-eight representatives of the States
and of the unionnn territories.
(۲) The allocation of seats in the Council of States to be filled by
representatives of the States and of the unionnn territories shall be in
accordance with the provisions in that behalf contained in the Fourth Schedule.
(۳) The members to be nominated by the President under sub-clause (a) and
clause (۱) shall consists of persons havinggg special knowledge or practical
experience in respect of such matters as the following٫ namely: –
Literature٫ science٫ art and social service.
(۴) The representatives of each State in the Council of States shall be elected
members of the Legislative Assembly of the State in accordance with the system
of proportional representation by means of the single transferable vote.
(۵) The representatives of the unionnn territories in the Council of States
shall be chosen in such manner as Parliament may by law prescribe.
Article ۸۱ Composition of the House of the People
(۱) Subject to the provisions of article ۳۳۱٫ the House of the People shall
consists 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 unionnn territories٫ chosen
in such manner as Parliament may by law provide.
(۲) For the purposes of sub-clause (a) of clause (۱)٫ –
(a) there shall be allotted to each State a number of seats in the House of the
People in such manner that the ration 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.
(۳) 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 ۲۰۰۰ have
been published٫ be construed as a reference to the ۱۹۷۱ census.
Article ۸۲ 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 ۲۰۰۰ have been published٫ it shall not be necessary to readjust the
allocation of seats in the House of the People to the States and the division
of each State into territorial constituencies under this article.
Article ۸۳ Duration of Houses of Parliament
(۱) 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.
(۲) 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 ۵ 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.
Article ۸۴ 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.
Article ۸۵ Sessions of Parliament٫ prorogation and dissolution
(۱) 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 lasting sitting in one session and the date appointed for
its first sitting in the next session.
(۲) The President may from time to time –
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
Article ۸۶ Right of President to address and send messages to Houses
(۱) The President may address either House of Parliament or
both Houses assembled together٫ and for that purpose require the attendance of
members.
(۲) 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.
Article ۸۷ Special address by the President
(۱) 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.
(۲) 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.
Article ۸۸ 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 proceeding 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.
Article ۸۹ The Chairman and Deputy Chairman of the Council of States
(۱) The Vice-President of India shall be ex-officio Chairman of the Council of
States.
(۲) 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.
Article ۹۰ 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.
Article ۹۱ Power of the Deputy Chairman or other person to perform the duties
of the office of٫ or to act as٫ Chairman
(۱) While the Office of Chairman is vacant٫ or during any period when the
Vice-President is acting as٫ or discharrrging 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.
(۲) 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.
Article ۹۲ The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration
(۱) 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 (۲) of article ۹۱ 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.
(۲) 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 ۱۰۰ shall not be entitled to
vote at all on such resolution or on any other matter during such proceedings.
Article ۹۳ 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.
Article ۹۴ 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 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.
Article ۹۵ Power of the Deputy Speaker or other person to perform the duties of
the office of٫ or to act as Speaker
(۱) 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.
(۲) 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.
Article ۹۶ The Speaker or the Deputy Speaker not to preside while a resolution
for his removal from office is under consideration
(۱) 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 (۲) of article ۹۵ 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. (۲) 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
۱۰۰٫ 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.
Article ۹۷ 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 make٫ such salaries and allowances as
are specified in the Second Schedule.
Article ۹۸ Secretariat of Parliament
(۱) 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.
(۲) Parliament may by law regulate the recruitment and the conditions of
service of persons appointed٫ to the secretarial staff of either House of
Parliament.
(۳) Until provision is made by Parliament under clause (۲)٫ 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.
Article ۹۹ 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.
Article ۱۰۰ Voting in Houses٫ power of Houses to act notwithstanding vacancies
and quorum
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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.
Article ۱۰۱ Vacation of seats
(۱) 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.
(۲) 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
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.
(۳) If a member of either House of Parliament –
(a) becomes subject to any of the disqualifications mentioned in clause (۱) or
clause (۲) of article ۱۰۲; 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.
(۴) If for a period of sixty days a member of either House of Parliament it
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.
Article ۱۰۲ Disqualifications for membership
(۱) 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 undischarrrged insolvent;
(d) if he is not a citizen of India٫ or has voluntarily acquired the
citizenship of a foreign State٫ or is under any acknowledgement 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 unionnn or for such
State.
(۲) A person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under the Tenth Schedule.
Article ۱۰۳ Decision on questions as to disqualifications of members
(۱) 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 (۱) of
article ۱۰۲٫ the question shall be referred for the decision of the President
and his decision shall be final.
(۲) Before giving any decision on any such question٫ the President shall obtain
the opinion of the Election Commission and shall act according to such opinion.
Article ۱۰۴ Penalty for sitting and voting before making oath or affirmation
under article ۹۹ 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 ۹۹٫ 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 unionnn.
Article ۱۰۵ Powers٫ Privileges٫ etc.٫ of the Houses of Parliament and of the
members and committees thereof
(۱) 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.
(۲) 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.
(۳) 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 ۱۵ of the Constitution
(Forty-fourth Amendment) Act. ۱۹۷۸.
(۴) The provisions of clauses (۱)٫ (۲) and (۳) 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.
Article ۱۰۶ Salaries and allowances of members
Members of either House of Parliament shall be entitled to receive such
salaries and allowances a 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.
Article ۱۰۷ Provisions as to introduction and passing of Bills
(۱) Subject to the provisions of articles ۱۰۹ and ۱۱۷ with respect to Money
Bills and other financial Bills٫ a Bill may originate in either House of
Parliament.
(۲) Subject to the provisions of articles ۱۰۸ and ۱۰۹٫ 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.
(۳) A Bill pending in Parliament shall not lapse by reason of the prorogation
of the Houses.
(۴) 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.
(۵) A Bill which is pending in the House of the People٫ or which havinggg been
passed by the House of the People is pending in the Council of States٫ shall
subject to the provisions of article ۱۰۸٫ lapse on a dissolution of the House
of the People.
Article ۱۰۸ Joint sitting of both Houses in certain cases
(۱) 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 lapse from the date of the reception of the Bill by
the other House without the Bill being passed by it٫
the President may٫ unless the Bill has lapsed by reason of a dissolution of the
House of the People٫ notify to the Houses by message if they are sitting or by
public notification if they are not sitting٫ his intention to summon them to
meet in 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.
(۲) In reckoning any such period of six months as is referred to in clause (۱)
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.
(۳) Where the President has under clause (۱) 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.
(۴) 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 passes by both Houses:
Provided that at a joint sitting –
(a) if the Bill٫ havinggg been passed by one House٫ has not been passed by
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.
(۵) 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.
Article ۱۰۹ Special procedure in respect of Money Bills
(۱) A Money Bill shall not be introduced in the Council of States.
(۲) 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.
(۳) 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 both
Houses with the amendments recommended by the Council of States and accepted by
the House of the People.
(۴) 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.
(۵) 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.
Article ۱۱۰ Definition of "Money Bills"
(۱) For the purpose 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 declaration of any expenditure to be expenditure charrrged 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 unionnn or of a State; or
(g) any matter incidental to any of the matters specified in sub-clause (a) to
(f).
(۲) 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 of body for local purposes.
(۳) 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.
(۴) There shall be endorsed on every Money Bill when it is transmitted to the
Council of States under article ۱۰۹٫ and when it is presented to the President
for assent under article ۱۱۱٫ the certificate of the Speaker of the House of
the People signed by him that it is a Money Bill.
Article ۱۱۱ 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.
Article ۱۱۲ Annual financial statement
(۱) 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".
(۲) 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
expen-diture charrrged 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.
(۳) The following expenditure shall be expenditure charrrged 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 charrrges for which the Government of India is liable including
interest٫ sinking fund charrrges and redemption charrrges٫ and other
expenditure relating to the raising of loans and the service and redemption of
debt;
(d)(i) the salaries٫ allowances and a 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٫ allowance and pension payable to or in respect of the
Comptroller and Auditor-General of India;
(f) any sums required to satisfy any judgement٫ 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 charrrged.
Article ۱۱۳ Procedure in Parliament with respect to estimates (۱) So much of
the estimates as relates to expenditure charrrged 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.
(۲) 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 the amount specified
therein.
(۳) No demand for a grant shall be made except on the recommendation of the
President.
Article ۱۱۴ Appropriation Bills
(۱) As soon as may be after the grants under article ۱۱۳ 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 charrrged on the Consolidated Fund of India but not
exceeding in any case the amount shown in the statement previously laid before
Parliament.
(۲) No amendments 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
charrrged 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.
(۳) Subject to the provisions of articles ۱۱۵ and ۱۱۶٫ 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.
Article ۱۱۵ Supplementary٫ additional or excess grants
(۱) The President shall –
(a) if the amount authorised by any law made in accordance with the provisions
of article ۱۱۴ to be expended for a particular service for the current
financial year is found to be insufficient for the purposes of that year 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.
(۲) The provisions of articles ۱۱۲٫ ۱۱۳ and ۱۱۴ 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.
Article ۱۱۶ Votes on account٫ votes of credit and exceptional grants
(۱) 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 ۱۱۳ for the voting of such grant and the passing of the law in
accordance with the provisions of article ۱۱۴ 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 charrracter 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.
(۲) The provisions of articles ۱۱۳ and ۱۱۴ shall have effect in relation to the
making of any grant under clause (۱) 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 Consolidate
Fund of India to meet such expenditure.
Article ۱۱۷ Special provisions as to financial Bills
(۱) A Bill or amendment making provision for any of the matters specified in
sub-clauses (a) to (f) of clause (۱) of article ۱۱۰ 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.
(۲) 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٫ alternation or regulation of any tax by any
local authority or body for local purpose.
(۳) 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.
Article ۱۱۸ Rules of procedure
(۱) Each House of Parliament may make rules for regulating٫ subject to the
provisions of this Constitution٫ its procedure and the conduct of its business.
(۲) Until rules are made under clause (۱)٫ 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 of the speaker of the
House of the People٫ as the case may be.
(۳) 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.
(۴) At a joint sitting of the two Houses the Speaker of the House of People٫ or
in his absence such person as may be determined by rules of procedure made
under clause (۳)٫ shall preside.
Article ۱۱۹ 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 (۱) of article ۱۱۸ or with any rule or
standing order havinggg effect in relation to Parliament under clause (۲) of
that article٫ such provision shall prevail.
Article ۱۲۰ Language to be used in Parliament
(۱) Notwithstanding anything in Part XVII٫ but subject to the provisions of
article ۳۴۸ 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.
(۲) 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.
Article ۱۲۱ Restriction on discussion in Parliament
No discussion shall take place in Parliament with respect of the conduct of any
Judge of the Supreme Court or of a High Court in the discharrrge of his duties
except upon a motion for presenting an address to the President praying for the
removal of the Judge as herein after provided.
Article ۱۲۲ Courts not inquire into proceedings of Parliament
(۱) The validity of any proceedings in Parliament shall not be called in
question on the ground of any alleged irregularity of procedure.
(۲) No officer or member of Parliament in whom powers are vested by or 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
Article ۱۲۳ Power of President to promulgate Ordinances during recess of
Parliament
(۱) 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.
(۲) 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٫ of 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.
(۳) 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 unionnn Judiciary
Article ۱۲۴ Establishment and Constitution of Supreme Court
(۱) 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
seven other Judges.
(۲) Every Judge of the Supreme Court shall be appointed by the President by
warrant under his hand and seal after consultation with such of the Judges of
the Supreme Court and of the High Courts in the States as the President may
deem necessary for the purpose and shall hold office until he attains the age
of sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief
Justice٫ the Chief Justice of India shall always be consulted:
Provided further that –
(a) a Judge may٫ by writing under his hand addressed to the President٫ resign
his office;
(b) a judge may be removed from his office in the manner provide in clause (۴).
(۲A) 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.
(۳) 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 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.
(۴) 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.
(۵) 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 (۴).
(۶) 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.
(۷) No person who has held office as a Judge of the Supreme Court shall plead
or act in any court of before any authority within the territory of India.
Article ۱۲۵ Salaries٫ etc.٫ of Judges
(۱) 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.
(۲) 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 not 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.
Article ۱۲۶ 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.
Article ۱۲۷ Appointment of ad hoc Judges
(۱) If at any time there should not be a quorum of the Judges of the Supreme
Court available to hold or continue any session of the Court٫ the Chief Justice
of India may٫ with the previous consent of the President and after consultation
with the Chief Justice of the High Court concerned٫ request in writing the
attendance at the sittings of the Court٫ as an ad hoc Judge٫ for such period as
may be necessary٫ of a Judge of a High Court duly qualified for appointment as
a Judge of the Supreme Court to be designated by the Chief Justice of India.
(۲) 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
discharrrge the duties٫ of a Judge of the Supreme Court.
Article ۱۲۸ Attendance of retired Judges at sittings of the Supreme Court
Notwithstanding anything in this Chapter٫ the Chief Justice of India may at any
time٫ with the previous consent of the President٫ request any person who as
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.
Article ۱۲۹ 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.
Article ۱۳۰ 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.
Article ۱۳۱ 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 of 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 of other similar
instrument which٫ havinggg been entered into or execccuted 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.
Article ۱۳۱A execccutive jurisdiction of the Supreme Court in regard to
questions as to constitutional validity of Central laws
{…}
Article ۱۳۲ Appellate jurisdiction of Supreme Court in appeals from High Court
in certain cases
(۱) An appeal shall lie to the Supreme Court from any judgement٫ decree of
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 ۱۳۴A
that the case involves a substantial question of law as to the interpretation
of this Constitution.
(۲) {…}
(۳) 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 purpose 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.
Article ۱۳۳ Appellate jurisdiction of Supreme Court in appeals from High Courts
in regard to civil matters
(۱) An appeal shall lie to the Supreme Court room any judgement٫ decree or
final order in a civil proceeding of a High Court in the territory of India if
the High Court certifies under article ۱۳۴A –
(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.
(۲) Notwithstanding anything in article ۱۳۲٫ any party appealing to the Supreme
Court under clause (۱) 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.
(۳) Notwithstanding anything in this article٫ no appeal shall٫ unless
Parliament by law otherwise provides٫ lie to the Supreme Court from the
judgement٫ decree or final order of one Judge of a High Court.
Article ۱۳۴ Appellate jurisdiction of Supreme Court in regard to criminal
matters
(۱) An appeal shall lie to the Supreme Court from any judgement٫ 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) certified under article ۱۳۴A 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 (۱) of article
۱۴۵ and to such conditions as the High Court may establish or require.
(۲) 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.
Article ۱۳۴A Certificate for appeal to the Supreme Court
Every High Court٫ passing or making a judgment٫ decree٫ final order٫ or
sentence٫ referred to in clause (۱) of article ۱۳۲ or clause (۱) of article
۱۳۳٫ or clause (۱) of article ۱۳۴٫ –
(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
(۱) of article ۱۳۲٫ or clause (۱) or article ۱۳۳ or٫ as the case may be٫
sub-clause (c) of clause (۱) of article ۱۳۴٫ may be given in respect of that
case.
Article ۱۳۵ 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 ۱۳۳ or article ۱۳۴ 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.
Article ۱۳۶ Special leave to appeal by the Supreme Court
(۱) 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.
(۲) Nothing in clause (۱) 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.
Article ۱۳۷ Review of judgements or orders by the Supreme Court
Subject to the provisions of any law made by Parliament or any rules made under
article ۱۴۵٫ the Supreme Court shall have power to review any judgment
pronounced or order made by it.
Article ۱۳۸ Enlargement of the jurisdiction of the Supreme Court
(۱) The Supreme Court shall have such further jurisdiction and powers with
respect to any of the matters in the unionnn List as Parliament may by law
confer.
(۲) 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.
Article ۱۳۹ 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 (۲) of article ۳۲.
Article ۱۳۹A Transfer of certain cases
(۱) 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 of
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.
(۲) 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.
Article ۱۴۰ 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.
Article ۱۴۱ 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.
Article ۱۴۲ Enforcement of decrees and orders of Supreme Court and orders as to
discovery٫ etc.
(۱) 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 prescribe.
(۲) 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.
Article ۱۴۳ Power of President to consult Supreme Court
(۱) 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.
(۲) The President may٫ notwithstanding anything in the proviso to article ۱۳۱٫
refer a dispute of the kind mentioned in the said proviso to the Supreme Court
for opinion and the Supreme Court shall٫ after hearing as it things fit٫ report
to the President its opinion thereon.
Article ۱۴۴ 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.
Article ۱۴۴A Special provisions as to disposal of questions relating to
constitutional validity of laws
{…}
Article ۱۴۵ Rules of Court٫ etc.
(۱) 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 ۱۳۹A;
(d) rules as to the entertainment of appeals under sub-clause (c) of clause (۱)
of article ۱۳۴;
(e) rules as to the conditions subject to which any judgement 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 or 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 charrrged 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 vexations or brought for the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause (۱) of
article ۳۱۷.
(۲) Subject to the provisions of clause (۳)٫ 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.
(۳) 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 ۱۴۳
shall be five: Provided that٫ where the Court hearing an appeal under any of
the provisions of this Chapter other than article ۱۳۲ consists of less than
five Judges and in the course of the hearing of the appeal of 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.
(۴) No judgement shall be delivered by the Supreme Court save in open Court٫
and no report shall be made under article ۱۴۳ save in accordance with an
opinion also delivered in open Court.
(۵) No judgement and so 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 judgement or opinion.
Article ۱۴۶ Officers and servants and the expenses of the Supreme Court
(۱) 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 unionnn Public Service Commission.
(۲) 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.
(۳) 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 charrrged upon the Consolidated Fund of India٫ and any
fees or other moneys taken by the Court shall form part of that Fund.
Article ۱۴۷ 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٫ ۱۹۳۵ (including any enactment
amending or supplementing that Act)٫ or of any Order in Council or order made
thereunder٫ or of the Indian Independence Act٫ ۱۹۴۷٫ or of any order made
thereunder.
Chapter V Comptroller and Auditor-General of India
Article ۱۴۸ Comptroller and Auditor-General of India
(۱) 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.
(۲) 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.
(۳) 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.
(۴) The Controller 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.
(۵) 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.
(۶) 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 charrrged upon the
Consolidated Fund of India.
Article ۱۴۹ 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 unionnn 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 unionnn 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.
Article ۱۵۰ Form of accounts of the unionnn and of the States
The accounts of the unionnn 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.
Article ۱۵۱ Audit reports
(۱) The reports of the Comptroller and Auditor-General of India relating to the
accounts of the unionnn Shall be submitted to the President٫ who shall cause
them to be laid before each House of Parliament.
(۲) The report 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.