indian government and politics 1

7/28/2019 Indian Government and Politics 1

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CONTENTS

I N D I A N G O V E R N M E N T

A N D P O L I T I C S

Preface

1. The Constitution of India

2. The Union

3. The States

4. The Union Territories

5. The Panchayats

6. The Municipalities

7. The Scheduled and Tribal Areas

8. Relations between the Union and the States

9. Finance, Property, Contracts and Suits

10. Trade, Commerce and Intercourse within theTerritory of India

11. Serices Under the Union and the States

12. Tribunals

13. !lections

14. Special Proisions Relatin" to Certain Classes

15. #$cial %an"ua"e

16. !mer"ency Proisions

17. Miscellaneous

18. Amendment of the Constitution

19. Temporary, Transitional and Special Proisions

20. Short Title, Commencement, Authoritatie Te&tin

'indi and Repeals

Vol. I

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1

THE CONSTITUTION OF INDIA

PREAMBLE

1!, T'! P!#P%! #F I23IA, hain" solemnly resoled to

constitute India into a S#4!R!I52 S#CIA%IST S!CU%AR

3!M#CRATIC R!PU6%IC and to secure to all its citi7ens8

9USTIC!, social, economic and political:

%I6!RT; of thou"ht, e&pression, belief, faith and worship:

!

PART I: THE UNION AND ITS TERRITORY

(> 2ame and territory of the Union>=

(1) India, that is 6harat, shall be a Union of States>

(2) The States and the territories thereof shall be asspeci?ed in the First Schedule>

(3) The territory of India shall comprise=

(a) the territories of the States:

(b) the Union territories speci?ed in theFirst Schedule: and

(c) such other territories as may be ac@uired>


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2. Admission or establishment of new States>=

Parliament may by law admit into the Union, or establish, new

States on such terms and conditions as it thins ?t>

)A> BSiim to be associated with the Union> Rep> by the

Constitution DThirty= si&th AmendmentE Act, (/+, s> Dw>e>f> )=*=(/+E>

3. Formation of new States and alteration of areas,boundaries or names of e&istin" States>=Parliament may

by law=

(a) form a new State by separation of territoryfrom any State or by unitin" two or more States or

parts of States or by unitin" 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 State8Proided that no 6ill for the purpose shall be introduced in

either 'ouse of Parliament e&cept on the recommendation of the

President and unless, where the proposal contained in the 6ill

aGects the area, boundaries or name of any of the States, the 6ill

has been referred by the President to the %e"islature of that State

for e&pressin" its iews thereon within such period as may be

speci?ed in the reference or within such further period as the

President may allow and the period so speci?ed or allowed hase&pired>

!&planation I>=In this article, in clauses DaE to DeE, HState includes

a Union territory, but in the proiso, HState does not include a

Union territory>

!&planation II>=The power conferred on Parliament by clause

DaE includes the power to form a new State or Union territory by

unitin" a part of any State or Union territory to any other State

or Union territory>

4.%aws made under articles ) and - to proide for theamendment of the First and the Fourth Schedules and

supplemental, incidental and conse@uential maJers> =

Schedule and the Fourth Schedule as may be necessary

to "ie eGect to the proisions of the law and may also

contain such supplemental, incidental and

conse@uential proisions Dincludin" proisions as to

representation in Parliament and in the %e"islature or

%e"islatures of the State or States aGected by such lawE

as Parliament may deem necessary>

D)E 2o such law as aforesaid shall be deemed to be an

amendment of this Constitution for the purposes of

article -.>

PART II: CITIZENSHIP

5. Citi7enship at the commencement of the Constitution>=At the commencement of this Constitution, eery 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 theterritory of India: or

(c) who has been ordinarily resident in theterritory of India for not less than ?e years

immediately precedin" such commencement, shall be a

citi7en of India>

6. Ri"hts of citi7enship of certain persons who haemi"rated to India from Paistan>=2otwithstandin"

anythin" in article , a person who has mi"rated to the

territory of India from the territory now included inPaistan shall be deemed to be a citi7en of India at the

commencement of this Constitution if=

DaE he or either of his parents or any of his "randparents was

born in India as de?ned in the 5oernment of India Act,

(/- Das ori"inally enactedE: and

DbEDiE in the case where such person has so mi"rated before the

nineteenth day of 9uly, (/*., he has been ordinarily resident

in the territory of India since the date of his mi"ration, or

DiiE in the case where such person has so mi"rated on or after

the nineteenth day of 9uly, (/*., he has been re"istered


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application made by him therefor to such o$cer beforethe commencement of this Constitution in the form andmanner prescribed by that 5oernment8 Proided that noperson shall be so re"istered unless he has been residentin the territory of India for at least si& months immediately

precedin" the date of his application>

7.Ri"hts of citi7enship of certain mi"rants to Paistan>=2otwithstandin" anythin" in articles and , a personwho has after the ?rst day of March, (/*+, mi"ratedfrom the territory of India to the territory now included inPaistan shall not be deemed to be a citi7en of India8Proided that nothin" in this article shall apply to aperson who, after hain" so mi"rated to the territorynow included in Paistan, has returned to the territoryof India under a permit for reseJlement or permanentreturn issued by or under the authority of any law andeery such person shall for the purposes of clause DbE ofarticle be deemed to hae mi"rated to the territory ofIndia after the nineteenth day of 9uly, (/*.>

8.Ri"hts of citi7enship of certain persons of Indian ori"inresidin" outside India>= 2otwithstandin" anythin" inarticle , any person who or either of whose parents orany of whose "randparents was born in India as de?nedin the 5oernment of India Act, (/- Das ori"inallyenactedE, and who is ordinarily residin" in any countryoutside India as so de?ned shall be deemed to be a citi7en

of India if he has been re"istered as a citi7en of India bythe diplomatic or consular representatie of India in thecountry where he is for the time bein" residin" on anapplication made by him therefor to such diplomatic orconsular representatie, whether before or after thecommencement of this Constitution, in the form andmanner prescribed by the 5oernment of the 3ominionof India or the 5oernment of India>

9.Persons oluntarily ac@uirin" citi7enship of a forei"n Statenot to be citi7ens>= 2o person shall be a citi7en of India byirtue of article , or be deemed to be a citi7en of India by

irtue of article or article . if he has oluntaril

fore"oin" proisions of this Part shall, subKect to the proisions

of any law that may be made by Parliament, continue to be such

citi7en>

11. Parliament to re"ulate the ri"ht of citi7enship by law>=

2othin" in the fore"oin" proisions of this Part shalldero"ate from the power of Parliament to mae any

proision with respect to the ac@uisition and termination

of citi7enship and all other maJers relatin" to

citi7enship>PART III: FUNDAMENTAL RIGHTS

General

12. 3e?nition>=In this Part, unless the conte&t otherwisere@uires, Hthe State includes the 5oernment and

Parliament of India and the 5oernment and the

%e"islature of each of the States and all local or otherauthorities within the territory of India or under the

control of the 5oernment of India>

13. %aws inconsistent with or in dero"ation of thefundamental ri"hts>=

(1) All laws in force in the territory of Indiaimmediately before the commencement of this

Constitution, in so far as they are inconsistent with the

proisions of this Part, shall, to the e&tent of such

inconsistency, be oid>

(2) The State shall not mae any law which taesaway or abrid"es the ri"hts conferred by this Part and

any law made in contraention of this clause shall, to the

e&tent of the contraention, be oid>

(3) In this article, unless the conte&t otherwise re@uires,=

(a) HlawH includes any #rdinance, order, bye=law,rule, re"ulation, noti?cation, custom or usa"e hain"

in the territory of India the force of law:

(b) Hlaws in forceH includes laws passed or made bya %e"islature or other competent authority in the

territory of India before the commencement of this


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D*E 2othin" in this article shall apply to any amendment of

this Constitution made under article -.>

R!"# #o E$%al#&

14. !@uality before law>=

The State shall not deny to any person e@uality before the law

or the e@ual protection of the laws within the territory of India>

15. Prohibition of discrimination on "rounds of reli"ion,race, caste, se& or place of birth>=

(1) The State shall not discriminate a"ainst anyciti7en on "rounds only of reli"ion, race, caste, se&, place

of birth or any of them>

(2) 2o citi7en shall, on "rounds only of reli"ion,race, caste, se&, place of birth or any of them, be subKect to

any disability, liability, restriction or condition with

re"ard to=

(a) access to shops, public restaurants, hotels andplaces of public entertainment: or

(b) the use of wells, tans, bathin" "hats, roadsand places of public resort maintained wholly or

partly out of State funds or dedicated to the use of

the "eneral public>

(3) 2othin" in this article shall preent the Statefrom main" any special proision for women and

children>

(4) 2othin" in this article or in clause D)E of article)/ shall preent the State from main" any special

proision for the adancement of any socially and

educationally bacward classes of citi7ens or for the

Scheduled Castes and the Scheduled Tribes>

16. !@uality of opportunity in maJers of publicemployment>=

(1) There shall be e@uality of opportunity for allciti7ens in maJers relatin" to employment or

appointment to any o$ce under the State>

(2) 2o citi7en shall, on "rounds only of reli"ion,

(3) 2othin" in this article shall preent Parliamentfrom main" any law prescribin", in re"ard to a class or

classes of employment or appointment to an o$ceunder the 5oernment of, or any local or other authoritywithin, a State or Union territory, any re@uirement as to

residence within that State or Union territory prior tosuch employment or appointment>

(4) 2othin" in this article shall preent the Statefrom main" any proision for the reseration of

appointments or posts in faour of any bacward class ofciti7ens which, in the opinion of the State, is notade@uately represented in the serices under the State>

(4A) 2othin" in this article shall preent the Statefrom main" any proision for reseration in maJers ofpromotion, with conse@uential seniority, to any class or

classes of posts in the serices under the State in faourof the Scheduled Castes and the Scheduled Tribes which,

in the opinion of the State, are not ade@uately representedin the serices under the State>

(4B) 2othin" in this article shall preent the Statefrom considerin" any un?lled acancies of a year whichare resered for bein" ?lled up in that year in accordancewith any proision for reseration made under clauseD*E or clause D*AE as a separate class of acancies to be?lled up in any succeedin" year or years and such class ofacancies shall not be considered to"ether with the

acancies of the year in which they are bein" ?lled up fordeterminin" the ceilin" of ?fty per cent> reseration ontotal number of acancies of that year>

(5) 2othin" in this article shall aGect the operationof any law which proides that the incumbent of an

o$ce in connection with the aGairs of any reli"ious ordenominational institution or any member of the "oernin"body thereof shall be a person professin" a particular

reli"ion or belon"in" to a particular denomination>

17. Abolition of Untouchability>=HUntouchability is

abolished and its practice in any form is forbidden> The


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disability arisin" out of HUntouchability shall be an oGence

punishable in accordance with law>

18. Abolition of titles>=

(1) 2o title, not bein" a military or academic

distinction, shall be conferred by the State>(2) 2o citi7en of India shall accept any title fromany forei"n State>

(3) 2o person who is not a citi7en of India shall,while he holds any o$ce of pro?t or trust under the

State, accept without the consent of the President any

title from any forei"n State>

(4) 2o person holdin" any o$ce of pro?t or trustunder the State shall, without the consent of the

President, accept any present, emolument, or o$ce of

any ind from or under any forei"n State>R!"# #o Free'o(

19. Protection of certain ri"hts re"ardin" freedom ofspeech, etc>=

(1)All citi7ens shall hae the ri"ht=

(a) to freedom of speech and e&pression:

(b) to assemble peaceably and without arms:

(c) to form associations or unions:

(d) to moe freely throu"hout the territory of India:

(e) to reside and seJle in any part of the territory ofIndia: and

D"E to practise any profession, or to carry on any

occupation, trade or business>

(2) 2othin" in sub=clause DaE of clause D(E shallaGect the operation of any e&istin" law, or preent the

State from main" any law, in so far as such law imposes

reasonable restrictions on the e&ercise of the ri"ht

conferred by the said sub=clause in the interests of the

soerei"nty and inte"rity of India, the security of the State,

in relation to contempt of court, defamation or incitementto an oGence>

(3) 2othin" in sub=clause DbE of the said clause shallaGect the operation of any e&istin" law in so far as itimposes, or preent the State from main" any lawimposin", in the interests of the soerei"nty and inte"rityof India or public order, reasonable restrictions on thee&ercise of the ri"ht conferred by the said sub=clause>

(4) 2othin" in sub=clause DcE of the said clause shallaGect the operation of any e&istin" law in so far as itimposes, or preent the State from main" any lawimposin", in the interests of the soerei"nty and inte"rityof India or public order or morality, reasonablerestrictions on the e&ercise of the ri"ht conferred by thesaid sub=clause>

(5) 2othin" in sub=clauses DdE and DeE of the said clauseshall aGect the operation of any e&istin" law in so far asit imposes, or preent the State from main" any lawimposin", reasonable restrictions on the e&ercise of any ofthe ri"hts conferred by the said sub=clauses either in theinterests of the "eneral public or for the protection of theinterests of any Scheduled Tribe>

(6) 2othin" in sub=clause D"E of the said clause shallaGect the operation of any e&istin" law in so far as itimposes, or preent the State from main" any lawimposin", in the interests of the "eneral public,

reasonable restrictions on the e&ercise of the ri"htconferred by the said sub=clause, and, in particular,nothin" in the said sub=clause shall aGect the operationof any e&istin" law in so far as it relates to, or preent theState from main" any law relatin" to8

(i) the professional or technical @uali?cationsnecessary for practisin" any profession or carryin"on any occupation, trade or business, or

(ii) the carryin" on by the State, or by acorporation owned or controlled by the State, of anytrade, business, industry or serice, whether to the


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)0> Protection in respect of coniction for oGences>=

(1) 2o person shall be conicted of any oGence e&ceptfor iolation of a law in force at the time of the

commission of the Act char"ed as an oGence, nor be

subKected to a penalty "reater than that which mi"ht hae

been inLicted under the law in force at the time of the

commission of the oGence>

(2) 2o person shall be prosecuted and punished for thesame oGence more than once>

DaE an Adisory 6oard consistin" of persons who are, or hae

been, or are @uali?ed to be appointed as, 9ud"es

of a 'i"h Court has reported before the e&piration ofthe said period of three months that there is in itsopinion su$cient cause for such detention8 Proidedthat nothin" in this sub=clause shall authorise thedetention of any person beyond the ma&imum period

prescribed by any law made by Parliament under sub=clause DbE of clause D+E: or

DbE such person is detained in accordance with theproisions of any law made by Parliament under sub=clauses DaE and DbE of clause D+E>

(5) 1hen any person is detained in pursuance of anorder made under any law proidin" for preentiedetention, the authority main" the order shall, as soonas may be, communicate to such person the "rounds onwhich the order has been made and shall aGord him the

earliest opportunity of main" a representation a"ainstthe order>

(6) 2othin" in clause DE shall re@uire the authoritymain" any such order as is referred to in that clause todisclose facts which such authority considers to bea"ainst the public interest to disclose>

(3) 2o person accused of any oGence shall becompelled to be a witness a"ainst himself>

)(> Protection of life and personal liberty> 2o person shall bedepried of his life or personal liberty e&cept accordin" toprocedure established by law>

))> Protection a"ainst arrest and detention in certain cases> =

(1) 2o person who is arrested shall be detained incustody without bein" informed, as soon as may be, of the"rounds for such arrest nor shall he be denied the ri"ht toconsult, and to be defended by, a le"al practitioner of hischoice>

(2) !ery person who is arrested and detained incustody shall be produced before the nearest ma"istratewithin a period of twenty=four hours of such arreste&cludin" the time necessary for the Kourney from theplace of arrest to the court of the ma"istrate and no such

person shall be detained in custody beyond the saidperiod without the authority of a ma"istrate>

(3) 2othin" in clauses D(E and D)E shall apply=

(a) to any person who for the time bein" is anenemy alien: or

(b) to any person who is arrested or detained underany law proidin" for preentie detention>

(4) 2o law proidin" for preentie detention shallauthorise the detention of a person for a lon"er period

(a) the circumstances under which, and the class orclasses of cases in which, a person may be detained

for a period lon"er than three months under any law

proidin" for preentie detention without obtainin"

the opinion of an Adisory 6oard in accordance withthe proisions of sub=clause DaE of clause D*E:

(b) the ma&imum period for which any personmay in any class or classes of cases be detained under

any law proidin" for preentie detention: and

(c) the procedure to be followed by an Adisory6oard in an in@uiry under sub=clause DaE of clause

D*E>R!"# a!an)# E*+lo#a#on

)-> Prohibition of tra$c in human bein"s and forced labour>=

D(E Tra$c in human bein"s and be"ar and other similar forms


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this proision shall be an oGence punishable in accordance

with law>

D)E 2othin" in this article shall preent the State from imposin"

compulsory serice for public purposes, and in imposin"

such serice the State shall not mae any discriminationon "rounds only of reli"ion, race, caste or class or any of

them>

)*> Prohibition of employment of children in factories, etc> =

2o child below the a"e of fourteen years shall be employed to

wor in any factory or mine or en"a"ed in any other ha7ardous

employment>

R!"# #o Free'o( o, Rel!on

)> Freedom of conscience and free profession, practice and

propa"ation of reli"ion>=

(1) SubKect to public order, morality and healthand to the other proisions of this Part, all persons are

e@ually entitled to freedom of conscience and the ri"ht

freely to profess, practise and propa"ate reli"ion>

(2) 2othin" in this article shall aGect the operationof any e&istin" law or preent the State from main"

any law=

(a) re"ulatin" or restrictin" any economic,?nancial, political or other secular actiity which

may be associated with reli"ious practice:

(b) proidin" for social welfare and reform or thethrowin" open of 'indu reli"ious institutions of a

public character to all classes and sections of

'indus>

Explanation I>=The wearin" and carryin" of irpans

shall be deemed to be included in the profession of the

Sih reli"ion>

Explanation II>=In sub=clause DbE of clause D)E, the

reference to 'indus shall be construed as includin" a

reference to persons professin" the Sih, 9aina or

6uddhist reli"ion, and the reference to 'indu reli"ious

institutions shall be construed accordin l >

SubKect to public order, morality and health, eery reli"ious

denomination or any section thereof shall hae the ri"ht=

(a) to establish and maintain institutions forreli"ious and charitable purposes:

(b) to mana"e its own aGairs in maJers of reli"ion:(c) to own and ac@uire moable and immoableproperty: and

(d) to administer such property in accordance with law>

27. Freedom as to payment of ta&es for promotion of anyparticular reli"ion>=

2o person shall be compelled to pay any ta&es, the proceeds

of which are speci?cally appropriated in payment of

e&penses for the promotion or maintenance of any

particular reli"ion or reli"ious denomination>

28. Freedom as to aJendance at reli"ious instruction orreli"ious worship in certain educational institutions>=

(1) 2o reli"ious instruction shall be proided inany educational institution wholly maintained out of

State funds>

(2) 2othin" in clause D(E shall apply to aneducational institution which is administered by the State

but has been established under any endowment or trust

which re@uires that reli"ious instruction shall be

imparted in such institution>

(3) 2o person aJendin" any educational institutionreco"nised by the State or receiin" aid out of State

funds shall be re@uired to tae part in any reli"ious

instruction that may be imparted in such institution or to

aJend any reli"ious worship that may be conducted in

such institution or in any premises aJached thereto

unless such person or, if such person is a minor, his

"uardian has "ien his consent thereto>

C%l#%ral an' E'%-a#onal R!"#)

29. Protection of interests of minorities>=D(E Any section of the citi7ens residin" in the territory of India

or any part thereof hain" a distinct lan"ua"e, script or


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culture of its own shall hae the ri"ht to consere the

same>

D)E 2o citi7en shall be denied admission into any educational

institution maintained by the State or receiin" aid out of

State funds on "rounds only of reli"ion, race, caste,

lan"ua"e or any of them>

-0> Ri"ht of minorities to establish and administer educational

institutions>=

(1) All minorities, whether based on reli"ion orlan"ua"e, shall hae the ri"ht to establish and administer

educational institutions of their choice>

D(AE In main" any law proidin" for the compulsory

ac@uisition of any property of an educational institution

established and administered by a minority, referred to in

clause D(E, the State shall ensure that the amount ?&ed by

or determined under such law for the ac@uisition of suchproperty is such as would not restrict or abro"ate the ri"ht

"uaranteed under that clause>

(2) The State shall not, in "rantin" aid toeducational institutions, discriminate a"ainst any

educational institution on the "round that it is under the

mana"ement of a minority, whether based on reli"ion or

lan"ua"e>

-(> BCompulsory ac@uisition of property> Rep> by the

Constitution DForty=fourth AmendmentE Act, (/+., s> Dw>e>f> )0=

=(/+/E>San! o, Cer#an La/)

-(A> Sain" of laws proidin" for ac@uisition of estates, etc>=

D(E 2otwithstandin" anythin" contained in article (-, no law

proidin" for=

(a) the ac@uisition by the State of any estate or ofany ri"hts therein or the e&tin"uishment or

modi?cation of any such ri"hts, or

(b) the tain" oer of the mana"ement of anyproperty by the State for a limited period either in

the public interest or in order to secure the proper

(c) the amal"amation of two or more corporationseither in the public interest or in order to secure theproper mana"ement of any of the corporations, or

(d) the e&tin"uishment or modi?cation of anyri"hts of mana"in" a"ents, secretaries and treasurers,mana"in" directors, directors or mana"ers ofcorporations, or of any otin" ri"hts of shareholdersthereof, or

(e) the e&tin"uishment or modi?cation of anyri"hts accruin" by irtue of any a"reement, lease orlicence for the purpose of searchin" for, or winnin",any mineral or mineral oil, or the prematuretermination or cancellation of any such a"reement,lease or licence, shall be deemed to be oid on the"round that it is inconsistent with, or taes away orabrid"es any of the ri"hts conferred by article (* orarticle (/8

Proided that where such law is a law made by the %e"islatureof a State, the proisions of this article shall not apply theretounless such law, hain" been resered for the consideration of thePresident, has receied his assent8

Proided further that where any law maes any proision forthe ac@uisition by the State of any estate and where any landcomprised therein is held by a person under his personalcultiation, it shall not be lawful for the State to ac@uire anyportion of such land as is within the ceilin" limit applicable to him

under any law for the time bein" in force or any buildin" orstructure standin" thereon or appurtenant thereto, unless the lawrelatin" to the ac@uisition of such land, buildin" or structure,proides for payment of compensation at a rate which shall notbe less than the maret alue thereof>

D)E In this article,=

DaE the e&pression estate shall, in relation to any local area,hae the same meanin" as that e&pression or its locale@uialent has in the e&istin" law relatin" to land tenuresin force in that area and shall also include=

DiE any Ka"ir, inam or mua? or other similar "rant and in


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(ii) any land held under ryotwari seJlement:

(iii) any land held or let for purposes of a"ricultureor for purposes ancillary thereto, includin" waste land,forest land, land for pasture or sites of buildin"s andother structures occupied by cultiators of land,a"ricultural labourers and illa"e artisans:

DbE the e&pression ri"hts, in relation to an estate, shall includeany ri"hts estin" in a proprietor, sub=proprietor, under=proprietor, tenure=holder, raiyat, under=raiyat or otherintermediary and any ri"hts or priile"es in respect ofland reenue>

31B. 4alidation of certain Acts and Re"ulations>=1ithout preKudice to the "enerality of the proisionscontained in article -(A, none of the Acts andRe"ulations speci?ed in the 2inth Schedule nor any of

the proisions thereof shall be deemed to be oid, oreer to hae become oid, on the "round that such Act,Re"ulation or proision is inconsistent with, or taesaway or abrid"es any of the ri"hts conferred by, anyproisions of this Part, and notwithstandin" anyKud"ment, decree or order of any court or Tribunal tothe contrary, each of the said Acts and Re"ulations shall,subKect to the power of any competent %e"islature to repealor amend it, continue in force>

31C. Sain" of laws "iin" eGect to certain directieprinciples>=2otwithstandin" anythin" contained in

article (-, no law "iin" eGect to the policy of the Statetowards securin" ( Ball or any of the principles laiddown in Part I4 shall be deemed to be oid on the"round that it is inconsistent with, or taes away orabrid"es any of the ri"hts conferred by article (* or article(/: )and no law containin" a declaration that it is for"iin" eGect to such policy shall be called in @uestion inany court on the "round that it does not "ie eGect tosuch policy8 Proided that where such law is made bythe %e"islature of a State, the proisions of this articleshall not apply thereto unless such law, hain" been

resered for the consideration of the President, has

R!"# #o Con)##%#onal Re(e'e)

32. Remedies for enforcement of ri"hts conferred by thisPart>=

(1) The ri"ht to moe the Supreme Court by

appropriate proceedin"s for the enforcement of the ri"htsconferred by this Part is "uaranteed>

(2) The Supreme Court shall hae power to issuedirections or orders or writs, includin" writs in the

nature of habeas corpus, mandamus, prohibition, @uo

warranto and certiorari, whicheer may be appropriate,

for the enforcement of any of the ri"hts conferred by

this Part>

(3) 1ithout preKudice to the powers conferred onthe Supreme Court by clauses D(E and D)E, Parliament

may by law empower any other court to e&ercise within

the local limits of its Kurisdiction all or any of the powers

e&ercisable by the Supreme Court under clause D)E>

(4) The ri"ht "uaranteed by this article shall not besuspended e&cept as otherwise proided for by this

Constitution>

-)A> BConstitutional alidity of State laws not to be considered

in proceedin"s under article -)> Rep> by the Constitution DForty=

third AmendmentE Act, (/++, s> - Dw>e>f> (-=*=(/+.E>

33. Power of Parliament to modify the ri"hts conferred bythis Part in their application to Forces, etc>=Parliament

may, by law, determine to what e&tent any of the ri"htsconferred by this Part shall, in their application to,=

(a) the members of the Armed Forces: or(b) the members of the Forces char"ed with themaintenance of public order: or

(c) persons employed in any bureau or otheror"anisation established by the State for purposes of

intelli"ence or counter intelli"ence: or

(d) persons employed in, or in connection with, thetelecommunication systems set up for the purposes of any

Force, bureau or or"anisation referred to in clauses DaE to


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34. Restriction on ri"hts conferred by this Part whilemartial law is in force in any area>=

2otwithstandin" anythin" in the fore"oin" proisions of this

Part, Parliament may by law indemnify any person in the serice

of the Union or of a State or any other person in respect of any

act done by him in connection with the maintenance or restoration

of order in any area within the territory of India where martial

law was in force or alidate any sentence passed, punishment

inLicted, forfeiture ordered or other act done under martial law

in such area>

35. %e"islation to "ie eGect to the proisions of this Part>=2otwithstandin" anythin" in this Constitution,=

(a) Parliament shall hae, and the %e"islature of aState shall not hae, power to mae laws=

DiE with respect to any of the maJers which under clause

D-E of article (, clause D-E of article -), article -- andarticle -* may be proided for by law made by

Parliament: and

for prescribin" punishment for those acts which are

declared to be oGences under this Part: and Parliament

shall, as soon as may be after the commencement of

this Constitution, mae laws for prescribin"

punishment for the acts referred to in sub=clause DiiE:

(b) any law in force immediately before thecommencement of this Constitution in the territory of

India with respect to any of the maJers referred to in sub=clause DiE of clause DaE or proidin" for punishment for

any act referred to in sub=clause DiiE of that clause shall,

subKect to the terms thereof and to any adaptations and

modi?cations that may be made therein under article

-+), continue in force until altered or repealed or

amended by Parliament>

!&planation>=In this article, the e&pression Hlaw in force has

the same meanin" as in article -+)>

PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY

36. 3e?nition>=In this Part, unless the conte&t otherwise

37. Application of the principles contained in this Part>=

The proisions contained in this Part shall not be enforceableby any court, but the principles therein laid down are neerthelessfundamental in the "oernance of the country and it shall be theduty of the State to apply these principles in main" laws>

38. State to secure a social order for the promotion ofwelfare of the people>=

(1) The State shall strie to promote the welfare ofthe people by securin" and protectin" as eGectiely as it

may a social order in which Kustice, social, economic and

political, shall inform all the institutions of the national

life>(2) The State shall, in particular, strie to minimisethe ine@ualities in income, and endeaour to eliminateine@ualities in status, facilities and opportunities, not only

amon"st indiiduals but also amon"st "roups of peopleresidin" in diGerent areas or en"a"ed in diGerent ocations>

39. Certain principles of policy to be followed by the State>=

The State shall, in particular, direct its policy towards securin"=

(a) that the citi7ens, men and women e@ually, haethe ri"ht to an ade@uate means of lielihood:

(b) that the ownership and control of the materialresources of the community are so distributed as best tosubsere the common "ood:

(c) that the operation of the economic system does

not result in the concentration of wealth and means ofproduction to the common detriment:

(d) that there is e@ual pay for e@ual wor for bothmen and women:

(e) that the health and stren"th of worers, menand women, and the tender a"e of children are notabused and that citi7ens are not forced by economicnecessity to enter aocations unsuited to their a"e orstren"th:

(f) that children are "ien opportunities andfacilities to deelop in a healthy manner and in conditions

of freedom and di"nity and that childhood and youth are


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-/A> !@ual Kustice and free le"al aid>=

The State shall secure that the operation of the le"al system

promotes Kustice, on a basis of e@ual opportunity, and shall, in

particular, proide free le"al aid, by suitable le"islation or schemes

or in any other way, to ensure that opportunities for securin"Kustice are not denied to any citi7en by reason of economic or other

disabilities>

40. #r"anisation of illa"e panchayats>=

The State shall tae steps to or"anise illa"e panchayats and

endow them with such powers and authority as may be necessary

to enable them to function as units of self="oernment>

41. Ri"ht to wor, to education and to public assistance incertain cases>=

The State shall, within the limits of its economic capacity and

deelopment, mae eGectie proision for securin" the ri"ht towor, to education and to public assistance in cases of

unemployment, old a"e, sicness and disablement, and in other

cases of undesered want>

42. Proision for Kust and humane conditions of wor andmaternity relief>=

The State shall mae proision for securin" Kust and humane

conditions of wor and for maternity relief>

43. %iin" wa"e, etc>, for worers>=The State shall endeaour to secure, by suitable le"islation or

economic or"anisation or in any other way, to all worers,a"ricultural, industrial or otherwise, wor, a liin" wa"e,

conditions of wor ensurin" a decent standard of life and full

enKoyment of leisure and social and cultural opportunities and,

in particular, the State shall endeaour to promote coJa"e

industries on an indiidual or co=operatie basis in rural areas>

*-A> Participation of worers in mana"ement of industries>=

The State shall tae steps, by suitable le"islation or in any

other way, to secure the participation of worers in the

mana"ement of undertain"s, establishments or other

or anisations en a ed in an industr >

44. Uniform ciil code for the citi7ens>=

The State shall endeaour to secure for the citi7ens a uniform

ciil code throu"hout the territory of India>

45. Proision for free and compulsory education for

children>=The State shall endeaour to proide, within a period of ten

years from the commencement of this Constitution, for free and

compulsory education for all children until they complete the a"e

of fourteen years>

46. Promotion of educational and economic interests ofScheduled Castes, Scheduled Tribes and other weaer

sections>=

The State shall promote with special care the educational and

economic interests of the weaer sections of the people, and, in

particular, of the Scheduled Castes and the Scheduled Tribes, andshall protect them from social inKustice and all forms of e&ploitation>

47. 3uty of the State to raise the leel of nutrition and thestandard of liin" and to improe public health>=

The State shall re"ard the raisin" of the leel of nutrition and

the standard of liin" of its people and the improement of public

health as amon" its primary duties and, in particular, the State

shall endeaour to brin" about prohibition of the consumption

e&cept for medicinal purposes of into&icatin" drins and of dru"s

which are inKurious to health>

48. #r"anisation of a"riculture and animal husbandry>=The State shall endeaour to or"anise a"riculture and animalhusbandry on modern and scienti?c lines and shall, in particular,

tae steps for preserin" and improin" the breeds, and prohibitin"

the slau"hter, of cows and cales and other milch and drau"ht

caJle>

*.A> Protection and improement of enironment and

safe"uardin" of forests and wild life>=

The State shall endeaour to protect and improe the

enironment and to safe"uard the forests and wild life of the

country>


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It shall be the obli"ation of the State to protect eery monument

or place or obKect of artistic or historic interest, declared by or

under law made by Parliament to be of national importance, from

spoliation, dis?"urement, destruction, remoal, disposal or e&port,

as the case may be>

50. Separation of Kudiciary from e&ecutie>=

The State shall tae steps to separate the Kudiciary from the

e&ecutie in the public serices of the State>

51. Promotion of international peace and security>=The State shall endeaour to=

(a)promote international peace and security:

(b)maintain Kust and honorable relations between nations:

(c) foster respect for international law and treatyobli"ations in the dealin"s of or"ani7ed peoples with one

another: and

(d) encoura"e seJlement of international disputes byarbitration>

PART IVA: FUNDAMENTAL DUTIES

(A> Fundamental duties>=It shall be the duty of eery citi7en

of India=

(a) to abide by the Constitution and respect its idealsand institutions, the 2ational Fla" and the 2ational

Anthem:

(b) to cherish and follow the noble ideals whichinspired our national stru""le for freedom:

(c) to uphold and protect the soerei"nty, unity andinte"rity of India:

(d) to defend the country and render nationalserice when called upon to do so:

(e) to promote harmony and the spirit of commonbrotherhood amon"st all the people of India transcendin"

reli"ious, lin"uistic and re"ional or sectional diersities: to

renounce practices dero"atory to the di"nity of women:

(g)to protect and improe the natural enironmentincludin" forests, laes, riers and wild life, and to hae

compassion for liin" creatures:

(h)to deelop the scienti?c temper, humanism and the

spirit of in@uiry and reform:(i) to safe"uard public property and to abKure iolence:

(j) to strie towards e&cellence in all spheres ofindiidual and collectie actiity so that the nation

constantly rises to hi"her leels of endeaour and


14/178

T he Uni on 0

0

THE UNION

THE E2ECUTIVE

T"e Pre)'en# an' V-e3Pre)'en#

)> The President of India>=

There shall be a President of India>-> !&ecutie power of the Union>=

(1) The e&ecutie power of the Union shall beested in the President and shall be e&ercised by him

either directly or throu"h o$cers subordinate to him in

accordance with this Constitution>

(2) 1ithout preKudice to the "enerality of thefore"oin" proision, the supreme command of the

3efence Forces of the Union shall be ested in the

President and the e&ercise thereof shall be re"ulated by

law>(3) 2othin" in this article shall=

(a) be deemed to transfer to the President anyfunctions conferred by any e&istin" law on the

5oernment of any State or other authority: or

(b) preent Parliament from conferrin" by lawfunctions on authorities other than the President>

*> !lection of President>=

The President shall be elected by the members of an electoral

colle"e consistin" of=

a the elected members of both 'ouses of Parliament:

DbE the elected members of the %e"islatie Assemblies of

the States>

!&planation>=In this article and in article , State includes

the 2ational Capital Territory of 3elhi and the Union territory of

Pondicherry>

> Manner of election of President> =

(1) As far as practicable, there shall be uniformity inthe scale of representation of the diGerent States at the

election of the President>

(2) For the purpose of securin" such uniformityamon" the States inter se as well as parity between the

States as a whole and the Union, the number of otes

which each elected member of Parliament and of the

%e"islatie Assembly of each State is entitled to cast at

such election shall be determined in the followin"

manner8=(a) eery elected member of the %e"islatieAssembly of a State shall hae as many otes as there

are multiples of one thousand in the @uotient obtained

by diidin" the population of the State by the total

number of the elected members of the Assembly:

(b) if, after tain" the said multiples of onethousand, the remainder is not less than ?e hundred,

then the ote of each member referred to in sub=

clause DaE shall be further increased by one:

(c) each elected member of either 'ouse ofParliament shall hae such number of otes as may

be obtained by diidin" the total number of otes

assi"ned to the members of the %e"islatie

Assemblies of the States under sub=clauses DaE and DbE

by the total number of the elected members of both

'ouses of Parliament, fractions e&ceedin" one=half

bein" counted as one and other fractions bein"

disre"arded>

(3) The election of the President shall be held in

accordance with the system of proportional representation


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!&planation>= In this article, the e&pression population means

the population as ascertained at the last precedin" census of which

the releant ?"ures hae been published8

Proided that the reference in this !&planation to the last

precedin" census of which the releant ?"ures hae been published

shall, until the releant ?"ures for the ?rst census taen after the

year )0) hae been published, be construed as a reference to the

(/+( census>

56. Term of o$ce of President>=

(1) The President shall hold o$ce for a term of ?eyears from the date on which he enters upon his o$ce8

Proided that=

(a) the President may, by writin" under his handaddressed to the 4ice=President, resi"n his o$ce:

(b) the President may, for iolation of theConstitution, be remoed from o$ce by impeachmentin the manner proided in article (:

(c) the President shall, notwithstandin" thee&piration of his term, continue to hold o$ce until

his successor enters upon his o$ce>

(2)Any resi"nation addressed to the 4ice=President underclause DaE of the proiso to clause D(E shall forthwith be

communicated by him to the Speaer of the 'ouse of the

People>

57. !li"ibility for re=election>=A person who holds, or whohas held, o$ce as President shall, subKect to the otherproisions of this Constitution, be eli"ible for re=election

to that o$ce>

58. =

(1) 2o person shall be eli"ible for election asPresident unless he=

(a) is a citi7en of India,

(b) has completed the a"e of thirty=?e years, and

(c) is @uali?ed for election as a member of the

'ouse of the Peo le>

India or the 5oernment of any State or under any local

or other authority subKect to the control of any of the said

5oernments>

!&planation>=For the purposes of this article, a person shall

not be deemed to hold any o$ce of pro?t by reason only that he is

the President or 4ice= President of the Union or the 5oernor of

any State or is a Minister either for the Union or for any State>

59. Conditions of Presidents o$ce>=D(E The President shall not be a member of either 'ouse of

Parliament or of a 'ouse of the %e"islature of any State,

and if a member of either 'ouse of Parliament or of a

'ouse of the %e"islature of any State be elected President,

he shall be deemed to hae acated his seat in that 'ouse

on the date on which he enters upon his o$ce as President>

The President shall not hold any other o$ce of pro?t>

The President shall be entitled without payment of rentto the use of his o$cial residences and shall be also entitled

to such emoluments, allowances and priile"es as may be

determined by Parliament by law and, until proision in

that behalf is so made, such emoluments, allowances and

priile"es as are speci?ed in the Second Schedule>

D*E The emoluments and allowances of the President shall not

be diminished durin" his term of o$ce>

60. #ath or a$rmation by the President>=!ery Presidentand eery person actin" as President or dischar"in" the

functions of the President shall, before enterin" upon hiso$ce, mae and subscribe in the presence of the Chief

9ustice of India or, in his absence, the senior=most 9ud"e

of the Supreme Court aailable, an oath or a$rmation in

the followin" form, that is to say=

HI, A>6>, do swear in the name of 5od that I will faithfully

e&ecute solemnly a$rm

the o$ce of President Dor dischar"e the functions of the

PresidentE of India and will to the best of my ability presere,

protect and defend the Constitution and the law and that I will

deote myself to the serice and well=bein" of the people of


16/178

(> Procedure for impeachment of the President>=

(1) 1hen a President is to be impeached foriolation of the Constitution, the char"e shall be preferredby either 'ouse of Parliament>

(2) 2o such char"e shall be preferred unless=

(a) the proposal to prefer such char"e is containedin a resolution which has been moed after at leastfourteen days notice in writin" si"ned by not lessthan one=fourth of the total number of members ofthe 'ouse has been "ien of their intention to moe theresolution, and

(b) such resolution has been passed by a maKority ofnot less than two=thirds of the total membership ofthe 'ouse>

(3) 1hen a char"e has been so preferred by either

'ouse of Parliament, the other 'ouse shall inesti"atethe char"e or cause the char"e to be inesti"ated and thePresident shall hae the ri"ht to appear and to berepresented at such inesti"ation>

(4) If as a result of the inesti"ation a resolution ispassed by a maKority of not less than two=thirds of thetotal membership of the 'ouse by which the char"e wasinesti"ated or caused to be inesti"ated, declarin" thatthe char"e preferred a"ainst the President has beensustained, such resolution shall hae the eGect of remoin"the President from his o$ce as from the date on which

the resolution is so passed>

)> Time of holdin" election to ?ll acancy in the o$ce ofPresident and the term of o$ce of person elected to ?ll casualacancy> =

(1) An election to ?ll a acancy caused by thee&piration of the term of o$ce of President shall becompleted before the e&piration of the term>

(2) An election to ?ll a acancy in the o$ce ofPresident occurrin" by reason of his death, resi"nation orremoal, or otherwise shall be held as soon as possible

after, and in no case later than si& months from, the date of

of the acancy: and the person elected to ?ll the acancyshall, subKect to the proisions of article , be entitled tohold o$ce for the full term of ?e years from the date onwhich he enters upon his o$ce>

63. The 4ice=President of India>=There

shall be a 4ice=President of India>

64. The 4ice=President to be e& o$cio Chairman of theCouncil of States>=

The 4ice=President shall be e& o$cio Chairman of the Councilof States and shall not hold any other o$ce of pro?t8

Proided that durin" any period when the 4ice=President actsas President or dischar"es the functions of the President underarticle , he shall not perform the duties of the o$ce of Chairmanof the Council of States and shall not be entitled to any salary orallowance payable to the Chairman of the Council of States under

article /+>

65. The 4ice=President to act as President or to dischar"e hisfunctions durin" casual acancies in the o$ce, or durin"the absence, of President>=

(1) In the eent of the occurrence of any acancy inthe o$ce of the President by reason of his death,resi"nation or remoal, or otherwise, the 4ice=Presidentshall act as President until the date on which a newPresident elected in accordance with the proisions of thisChapter to ?ll such acancy enters upon his o$ce>

(2) 1hen the President is unable to dischar"e hisfunctions owin" to absence, illness or any other cause, the4ice=President shall dischar"e his functions until the dateon which the President resumes his duties>

(3) The 4ice=President shall, durin", and in respectof, the period while he is so actin" as, or dischar"in" thefunctions of, President, hae all the powers andimmunities of the President and be entitled to suchemoluments, allowances and priile"es as may bedetermined by Parliament by law and, until proision inthat behalf is so made, such emoluments, allowances and

priile"es as are speci?ed in the Second Schedule>


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> !lection of 4ice=President>=

(1) The 4ice=President shall be elected by themembers of an electoral colle"e consistin" of the members

of both 'ouses of Parliament in accordance with the system

of proportional representation by means of the sin"le

transferable ote and the otin" at such election shall be

by secret ballot>

(2) The 4ice=President shall not be a member ofeither 'ouse of Parliament or of a 'ouse of the

%e"islature of any State, and if a member of either 'ouse

of Parliament or of a 'ouse of the %e"islature of any State

be elected 4ice=President, he shall be deemed to hae

acated his seat in that 'ouse on the date on which he

enters upon his o$ce as 4ice=President>

(3) 2o person shall be eli"ible for election as 4ice=

President unless he=(a) is a citi7en of India:

(b) has completed the a"e of thirty=?e years: and

(c) is @uali?ed for election as a member of theCouncil of States>

(4) A person shall not be eli"ible for election as 4ice=President if he holds any o$ce of pro?t under the

5oernment of India or the 5oernment of any State or

under any local or other authority subKect to the control

of any of the said 5oernments>

!&planation>= For the purposes of this article, a person shall

not be deemed to hold any o$ce of pro?t by reason only that he is

the President or 4ice= President of the Union or the 5oernor of

any State or is a Minister either for the Union or for any State>

+> Term of o$ce of 4ice=President>=The 4ice=President shall

hold o$ce for a term of ?e years from the date on which he

enters upon his o$ce8

Proided that=

(a) a 4ice=President may, by writin" under his handaddressed to the President, resi"n his o$ce:

(b) a 4ice=President may be remoed from his o$ce

'ouse of the People: but no resolution for the purpose ofthis clause shall be moed unless at least fourteen daysnotice has been "ien of the intention to moe theresolution:

DcE a 4ice=President shall, notwithstandin" the e&piration of

his term, continue to hold o$ce until his successor entersupon his o$ce>

68. Time of holdin" election to ?ll acancy in the o$ce of4ice=President and the term of o$ce of person elected to?ll casual acancy>=

(1) An election to ?ll a acancy caused by thee&piration of the term of o$ce of 4ice=President shall becompleted before the e&piration of the term>

(2) An election to ?ll a acancy in the o$ce of 4ice=President occurrin" by reason of his death, resi"nation or

remoal, or otherwise shall be held as soon as possibleafter the occurrence of the acancy, and the personelected to ?ll the acancy shall, subKect to the proisionsof article +, be entitled to hold o$ce for the full term of?e years from the date on which he enters upon hiso$ce>

69. #ath or a$rmation by the 4ice=President>=!ery 4ice=President shall, before enterin" upon his o$ce, mae andsubscribe before the President, or some personappointed

in that behalf by him, an oath or a$rmation in the followin"

form, that is to say=HI, A>6>, do swear in the name of 5od that I will bear true faith

and solemnly a$rm alle"iance to the Constitution of India as bylaw established and that I will faithfully dischar"e the duty uponwhich I am about to enter>H

70. 3ischar"e of Presidents functions in othercontin"encies>=Parliament may mae such proisions asit thins ?t for the dischar"e of the functions of thePresident in any contin"ency not proided for in thisChapter>

71. MaJers relatin" to, or connected with, the election of a


18/178

in@uired into and decided by the Supreme Court whosedecision shall be ?nal>

(2) If the election of a person as President or 4ice=President is declared oid by the Supreme Court, actsdone by him in the e&ercise and performance of the

powers and duties of the o$ce of President or 4ice=President, as the case may be, on or before the date of thedecision of the Supreme Court shall not be inalidated byreason of that declaration>

(3) SubKect to the proisions of this Constitution,Parliament may by law re"ulate any maJer relatin" to orconnected with the election of a President or 4ice=President>

(4) The election of a person as President or 4ice=President shall not be called in @uestion on the "round of

the e&istence of any acancy for whateer reason amon"the members of the electoral colle"e electin" him>

(1) SubKect to the proisions of this Constitution,the e&ecutie power of the Union shall e&tend=

(a) to the maJers with respect to which Parliamenthas power to mae laws: and

(b) to the e&ercise of such ri"hts, authority andKurisdiction as are e&ercisable by the 5oernment ofIndia by irtue of any treaty or a"reement8

Proided that the e&ecutie power referred to in sub=clauseDaE shall not, sae as e&pressly proided in this Constitution orin any law made by Parliament, e&tend in any State to maJerswith respect to which the %e"islature of the State has also powerto mae laws>

(2) Until otherwise proided by Parliament, a Stateand any o$cer or authority of a State may,notwithstandin" anythin" in this article, continue toe&ercise in maJers with respect to which Parliament has

power to mae laws for that State such e&ecutie poweror functions as the State or o$cer or authority thereofcould e&ercise immediately before the commencementof this Constitution>

Co%n-l o, Mn)#er)

74. Council of Ministers to aid and adise President>=

(1) There shall be a Council of Ministers with thePrime Minister at the head to aid and adise thePresident who shall, in the e&ercise of his functions, actin accordance with such adice8

Proided that the President may re@uire the Council ofMinisters to reconsider such adice, either "enerally orotherwise, and the President shall act in accordance withthe adice tendered after such reconsideration>

(2) The @uestion whether any, and if so what,adice was tendered by Ministers to the President shall notbe in@uired into in any court>

75. #ther proisions as to Ministers>=

D(E The Prime Minister shall be appointed by the President

and the other Ministers shall be appointed by the President

on the adice of the Prime Minister>

(1) The President shall hae the power to "rantpardons, repriees, respites or remissions of

punishment or to suspend, remit or commute the

sentence of any person conicted of any oGence=

(a) in all cases where the punishment or sentenceis by a Court Martial:

(b) in all cases where the punishment or sentenceis for an oGence a"ainst any law relatin" to a maJer to

which the e&ecutie power of the Union e&tends:(c) in all cases where the sentence is a sentence of death>

(2) 2othin" in sub=clause DaE of clause D(E shallaGect the power conferred by law on any o$cer of the

Armed Forces of the Union to suspend, remit or

commute a sentence passed by a Court Martial>

(3) 2othin" in sub=clause DcE of clause D(E shallaGect the power to suspend, remit or commute a

sentence of death e&ercisable by the 5oernor of a State

under any law for the time bein" in force>

73. !&tent of e&ecutie power of the Union>=


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(1A) The total number of Ministers, includin"the Prime Minister, in the Council of Ministers shall

not e&ceed ?fteen per cent> of the total number of

members of the 'ouse of the People>

(1B) A member of either 'ouse of Parliamentbelon"in" to any political party who is dis@uali?ed

for bein" a member of that 'ouse under para"raph )

of the Tenth Schedule shall also be dis@uali?ed to be

appointed as a Minister under clause D(E for duration

of the period commencin" from the date of his

dis@uali?cation till the date on which the term of his

o$ce as such member would e&pire or where he

contests any election to either 'ouse of Parliament

before the e&piry of such period, till the date on

which he is declared elected, whicheer is earlier>

(2) The Ministers shall hold o$ce durin" thepleasure of the President>

(3) The Council of Ministers shall be collectielyresponsible to the 'ouse of the People>

(4) 6efore a Minister enters upon his o$ce, thePresident shall administer to him the oaths of o$ce and

of secrecy accordin" to the forms set out for the purpose in

the Third Schedule>

(5) A Minister who for any period of si& consecutiemonths is not a member of either 'ouse of Parliament

shall at the e&piration of that period cease to be aMinister>

(6) The salaries and allowances of Ministers shall besuch as Parliament may from time to time by law

determine and, until Parliament so determines, shall be as

speci?ed in the Second Schedule>

T"e A4orne&3General ,or In'a +>

AJorney=5eneral for India>=

D(E The President shall appoint a person who is @uali?ed to be

a ointed a ud e of the Su reme Court to be AJorne =

(2) It shall be the duty of the AJorney=5eneral to"ie adice to the 5oernment of India upon such le"al

maJers, and to perform such other duties of a le"al

character, as may from time to time be referred or

assi"ned to him by the President, and to dischar"e the

functions conferred on him by or under this Constitution

or any other law for the time bein" in force>

(3) In the performance of his duties the AJorney=5eneral shall hae ri"ht of audience in all courts in the

territory of India>

(4) The AJorney=5eneral shall hold o$ce durin"the pleasure of the President, and shall receie such

remuneration as the President may determine>

Con'%-# o, Goern(en# B%)ne))

77. Conduct of business of the 5oernment of India>=

(1) All e&ecutie action of the 5oernment of Indiashall be e&pressed to be taen in the name of the

President>

(2) #rders and other instruments made ande&ecuted in the name of the President shall be authenticated

in such manner as may be speci?ed in rules to be made by

the President, and the alidity of an order or instrument

which is so authenticated shall not be called in @uestion on

the "round that it is not an order or instrument made or

e&ecuted by the President>

(3) The President shall mae rules for the moreconenient transaction of the business of the 5oernment

of India, and for the allocation amon" Ministers of the said

business>

78. 3uties of Prime Minister as respects the furnishin" ofinformation to the President, etc>=It shall be the duty of

the Prime Minister=

(a) to communicate to the President all decisions ofthe Council of Ministers relatin" to the administration of

the aGairs of the Union and proposals for le"islation:

b to furnish such information relatin to the


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DcE if the President so re@uires, to submit for the consideration

of the Council of Ministers any maJer on which a decision

has been taen by a Minister but which has not been

considered by the Council>

(a) twele members to be nominated by the

President in accordance with the proisions of clauseD-E: and

(b) not more than two hundred and thirty=ei"htrepresentaties of the States and of the Union

territories>

(2) The allocation of seats in the Council of States to be?lled by representaties of the States and of the Union

territories shall be in accordance with the proisions in

that behalf contained in the Fourth Schedule>

(3) The members to be nominated by the President

under sub=clause DaE of clause D(E shall consist of personshain" special nowled"e or practical e&perience in

respect of such maJers as the followin", namely8=

%iterature, science, art and social serice>

(4) The representaties of each State in the Council ofStates shall be elected by the elected members of the

%e"islatie Assembly of the State in accordance with the

system of proportional representation by means of the

sin"le transferable ote>

(5) The representaties of the Union territories in the

Council of States shall be chosen in such manner as

81. Composition of the 'ouse of the People>=

(1) SubKect to the proisions of article --(, the 'ouse ofthe People shall consist of=

(a) not more than ?e hundred and thirty

members chosen by direct election from territorialconstituencies in the States, and

(b) not more than twenty members torepresent the Union territories, chosen in such

manner as Parliament may by law proide>

(2) For the purposes of sub=clause DaE of clause D(E,=

PARLIAMENT

General

79. Constitution of Parliament>=

There shall be a Parliament for the Union which shall consist

of the President and two 'ouses to be nown respectiely as the

Council of States and the 'ouse of the People>

80. Composition of the Council of States>=D(E The Council of States shall consist of=

(a) there shall be alloJed to each State a number ofseats in the 'ouse of the People in such manner thatthe ratio between that number and the population ofthe State is, so far as practicable, the same for allStates: and

(b) each State shall be diided into territorialconstituencies in such manner that the ratio betweenthe population of each constituency and the numberof seats alloJed to it is, so far as practicable, the samethrou"hout the State8

Proided that the proisions of sub=clause DaE of this clauseshall not be applicable for the purpose of allotment of seats in the'ouse of the People to any State so lon" as the population of thatState does not e&ceed si& millions>

D-E In this article, the e&pression HpopulationH means the

population as ascertained at the last precedin" census ofwhich the releant ?"ures hae been published8

Proided that the reference in this clause to the last precedin"census of which the releant ?"ures hae been published shall,until the releant ?"ures for the ?rst census taen after the year)0) hae been published, be construed, =

(i) for the purposes of sub=clause DaE of clause D)Eand the proiso to that clause, as a reference to the(/+( census: and

(ii) for the purposes of sub=clause DbE of clause D)Eas a reference to the )00( census>


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82. ReadKustment after each census>=Upon the completionof each census, the allocation of seats in the 'ouse of

the People to the States and the diision of each State

into territorial constituencies shall be readKusted by such

authority and in such manner as Parliament may by law

determine8

Proided that such readKustment shall not aGect representation

in the 'ouse of the People until the dissolution of the then e&istin"

'ouse8

Proided further that such readKustment shall tae eGect from

such date as the President may, by order, specify and until such

readKustment taes eGect, any election to the 'ouse may be held

on the basis of the territorial constituencies e&istin" before such

readKustment8

Proided also that until the releant ?"ures for the ?rst census

taen after the year )0) hae been published, it shall not benecessary to readKust=

DiE the allocation of seats in the 'ouse of People to the States

as readKusted on the basis of the (/+( census: and

the diision of each State into territorial constituencies as

may be readKusted on the basis of the )00( census, under

this article>

83. 3uration of 'ouses of Parliament>=(1) The Council of States shall not be subKect todissolution, but as nearly as possible one=third of the

members thereof shall retire as soon as may be on thee&piration of eery second year in accordance with the

proisions made in that behalf by Parliament by law>

(2) The 'ouse of the People, unless soonerdissoled, shall continue for ?e years from the date

appointed for its ?rst meetin" and no lon"er and the

e&piration of the said period of ?e years shall operate

as a dissolution of the 'ouse8

Proided that the said period may, while a

Proclamation of !mer"ency is in operation, be e&tended

b Parliament b law for a eriod not e&ceedin one

a period of si& months after the Proclamation has

ceased to operate>

.*> =

A person shall not be @uali?ed to be chosen to ?ll a seat in

Parliament unless he=

DaE is a citi7en of India, and maes and subscribes before some

person authorised in that behalf by the !lection

Commission an oath or a$rmation accordin" 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 a"e and, in the case of a

seat in the 'ouse of the People, not less than

twenty= ?e years of a"e: and

(c) possesses such other @uali?cations as may beprescribed in that behalf by or under any law made

by Parliament>

.> Sessions of Parliament, proro"ation and dissolution>=

(1) The President shall from time to time summoneach 'ouse of Parliament to meet at such time and place

as he thins ?t, but si& months shall not interene

between its last siJin" in one session and the date

appointed for its ?rst siJin" in the ne&t session>

(2) The President may from time to time=

(a) proro"ue the 'ouses or either 'ouse:

(b) dissole the 'ouse of the People>.> Ri"ht of President to address and send messa"es to'ouses>=

(1) The President may address either 'ouse ofParliament or both 'ouses assembled to"ether, and for

that purpose re@uire the aJendance of members>

(2) The President may send messa"es to either'ouse of Parliament, whether with respect to a 6ill then

pendin" in Parliament or otherwise, and a 'ouse to

which any messa"e is so sent shall with all conenient

despatch consider any maJer re@uired by the messa"e to


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87. Special address by the President>=

(1) At the commencement of the ?rst session aftereach "eneral election to the 'ouse of the People and at

the commencement of the ?rst session of each year the

President shall address both 'ouses of Parliament

assembled to"ether and inform Parliament of the causes

of its summons>

(2) Proision shall be made by the rules re"ulatin"the procedure of either 'ouse for the allotment of time

for discussion of the maJers referred to in such address>

88. Ri"hts of Ministers and AJorney=5eneral as respects'ouses> !ery Minister and the AJorney=5eneral of

India shall hae the ri"ht to spea in, and otherwise to

tae part in the proceedin"s of, either 'ouse, any Koint

siJin" of the 'ouses, and any commiJee of Parliament of

which he may be named a member, but shall not byirtue of this article be entitled to ote>

O5 -er) o, Parla(en#

89. The Chairman and 3eputy Chairman of the Council ofStates>=

(1) The 4ice= President of India shall be e& o$cioChairman of the Council of States>

(2) The Council of States shall, as soon as may be,choose a member of the Council to be 3eputy Chairman

thereof and, so often as the o$ce of 3eputy Chairman

becomes acant, the Council shall choose another

member to be 3eputy Chairman thereof>

90. 4acation and resi"nation of, and remoal from, theo$ce of 3eputy Chairman> A member holdin" o$ce as

3eputy Chairman of the Council of States=

(a) shall acate his o$ce if he ceases to be amember of the Council:

(b) may at any time, by writin" under his handaddressed to the Chairman, resi"n his o$ce: and

(c) may be remoed from his o$ce by a resolution

Proided that no resolution for the purpose of clause DcE shallbe moed unless at least fourteen days notice has been "ien ofthe intention to moe the resolution>

/(> Power of the 3eputy Chairman or other person to performthe duties of the o$ce of, or to act as, Chairman>=

(1) 1hile the o$ce of Chairman is acant, ordurin" any period when the 4ice=President is actin" as, ordischar"in" the functions of, President, the duties of theo$ce shall be performed by the 3eputy Chairman, or, ifthe o$ce of 3eputy Chairman is also acant, by suchmember of the Council of States as the President mayappoint for the purpose>

(2) 3urin" the absence of the Chairman from anysiJin" of the Council of States the 3eputy Chairman, or, ifhe is also absent, such person as may be determined bythe rules of procedure of the Council, or, if no suchperson is present, such other person as may bedetermined by the Council, shall act as Chairman>

/)> The Chairman or the 3eputy Chairman not to presidewhile a resolution for his remoal from o$ce is underconsideration>=

(1) At any siJin" of the Council of States, whileany resolution for the remoal of the 4ice=Presidentfrom his o$ce is under consideration, the Chairman, orwhile any resolution for the remoal of the 3eputyChairman from his o$ce is under consideration, the3eputy Chairman, shall not, thou"h he is present,preside, and the proisions of clause D)E of article /( shallapply in relation to eery such siJin" as they apply inrelation to a siJin" from which the Chairman, or, as thecase may be, the 3eputy Chairman, is absent>

(2) The Chairman shall hae the ri"ht to spea in,and otherwise to tae part in the proceedin"s of, theCouncil of States while any resolution for the remoal ofthe 4ice=President from his o$ce is under considerationin the Council, but, notwithstandin" anythin" in article(00, shall not be entitled to ote at all on such resolutionor on any other maJer durin" such proceedin"s>


23/178

/-> The Speaer and 3eputy Speaer of the 'ouse of thePeople> The 'ouse of the People shall, as soon as may be, choosetwo members of the 'ouse to be respectiely Speaer and 3eputySpeaer thereof and, so often as the o$ce of Speaer or 3eputySpeaer becomes acant, the 'ouse shall choose another member

to be Speaer or 3eputy Speaer, as the case may be>/*> 4acation and resi"nation of, and remoal from, the o$ces

of Speaer and 3eputy Speaer> A member holdin" o$ce asSpeaer or 3eputy Speaer of the 'ouse of the People=

(a) shall acate his o$ce if he ceases to be amember of the 'ouse of the People:

(b) may at any time, by writin" under his handaddressed, if such member is the Speaer, to the 3eputySpeaer, and if such member is the 3eputy Speaer, tothe Speaer, resi"n his o$ce: and

(c) may be remoed from his o$ce by a resolutionof the 'ouse of the People passed by a maKority of all thethen members of the 'ouse8

Proided that no resolution for the purpose of clause DcE shallbe moed unless at least fourteen days notice has been "ien ofthe intention to moe the resolution8 Proided further that,wheneer the 'ouse of the People is dissoled, the Speaer shallnot acate his o$ce until immediately before the ?rst meetin" ofthe 'ouse of the People after the dissolution>

/> Power of the 3eputy Speaer or other person to performthe duties of the o$ce of, or to act as, Speaer>=

(1) 1hile the o$ce of Speaer is acant, the dutiesof the o$ce shall be performed by the 3eputy Speaeror, if the o$ce of 3eputy Speaer is also acant, by suchmember of the 'ouse of the People as the President mayappoint for the purpose>

(2) 3urin" the absence of the Speaer from anysiJin" of the 'ouse of the People the 3eputy Speaer or,if he is also absent, such person as may be determined bythe rules of procedure of the 'ouse, or, if no such personis present, such other person as may be determined by

the 'ouse, shall act as Speaer>

96. The Speaer or the 3eputy Speaer not to presidewhile a resolution for his remoal from o$ce is under

consideration>=

(1) At any siJin" of the 'ouse of the People, whileany resolution for the remoal of the Speaer from his

o$ce is under consideration, the Speaer, or while any

resolution for the remoal of the 3eputy Speaer from his

o$ce is under consideration, the 3eputy Speaer, shall

not, thou"h he is present, preside, and the proisions of

clause D)E of article / shall apply in relation to eery

such siJin" as they apply in relation to a siJin" from

which the Speaer, or, as the case may be, the 3eputy

Speaer, is absent>

(2) The Speaer shall hae the ri"ht to spea in,and otherwise to tae part in the proceedin"s of, the

'ouse of the People while any resolution for his remoalfrom o$ce is under consideration in the 'ouse and

shall, notwithstandin" anythin" in article (00, be entitled

to ote only in the ?rst instance on such resolution or on

any other maJer durin" such proceedin"s but not in the

case of an e@uality of otes>

97. Salaries and allowances of the Chairman and 3eputyChairman and the Speaer and 3eputy Speaer> There

shall be paid to the Chairman and the 3eputy Chairman

of the Council of States, and to the Speaer and the

3eputy Speaer of the 'ouse of the People, such salariesand allowances as may be respectiely ?&ed by

Parliament by law and, until proision in that behalf is

so made, such salaries and allowances as are speci?ed

in the Second Schedule>

98. Secretariat of Parliament>=

(1) !ach 'ouse of Parliament shall hae a separatesecretarial staG8

Proided that nothin" in this clause shall be construed as

preentin" the creation of posts common to both 'ouses

of Parliament>


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D-E Until proision is made by Parliament under clause D)E,

the President may, after consultation with the Speaer of

the 'ouse of the People or the Chairman of the Council

of States, as the case may be, mae rules re"ulatin" the

recruitment, and the conditions of serice of persons

appointed, to the secretarial staG of the 'ouse of the People

or the Council of States, and any rules so made shall hae

eGect subKect to the proisions of any law made under the

said clause>

(1) Sae as otherwise proided in this Constitution, all@uestions at any siJin" of either 'ouse or Koint siJin" of

the 'ouses shall be determined by a maKority of otes of

the members present and otin", other than the Speaer

or person actin" as Chairman or Speaer>

The Chairman or Speaer, or person actin" as such, shall

not ote in the ?rst instance, but shall hae and e&ercise

a castin" ote in the case of an e@uality of otes>

(2) !ither 'ouse of Parliament shall hae power to actnotwithstandin" any acancy in the membership thereof,

and any proceedin"s in Parliament shall be alid

notwithstandin" that it is discoered subse@uently that

some person who was not entitled so to do sat or oted

or otherwise too part in the proceedin"s>

(3) Until Parliament by law otherwise proides, the@uorum to constitute a meetin" of either 'ouse of

Parliament shall be one=tenth of the total number of

members of the 'ouse>

(4) If at any time durin" a meetin" of a 'ouse there is

or person actin" as such, either to adKourn the 'ouse or

to suspend the meetin" until there is a @uorum>

member of either 'ouse of Parliament=

becomes subKect to any of the dis@uali?cationsmentioned in clause D(E or clause D)E of article (0), or

resi"ns his seat by writin" under his hand addressedto the Chairman or the Speaer, as the case may be,and his resi"nation is accepted by the Chairman or theSpeaer, as the case may be, his seat shall thereuponbecome acant8

Proided that in the case of any resi"nationreferred to in sub=clause DbE, if from information

receied or otherwise and after main" suchin@uiry as he thins ?t, the Chairman or theSpeaer, as the case may be, is satis?ed that suchresi"nation is not oluntary or "enuine, he shallnot accept such resi"nation>

D*E If for a period of si&ty days a member of either 'ouse ofParliament is without permission of the 'ouse absentfrom all meetin"s thereof, the 'ouse may declare his seatacant8

Proided that in computin" the said period of si&ty days no

account shall be taen of any period durin" which the

Con'%-# o, B%)ne))

99. #ath or a$rmation by members> !ery member of either'ouse of Parliament shall, before tain" his seat, mae and

subscribe before the President, or some person appointed in that

behalf by him, an oath or a$rmation accordin" to the form set

out for the purpose in the Third Schedule>

100. 4otin" in 'ouses, power of 'ouses to actnotwithstandin" acancies and @uorum>=

D)$%al6-a#on) o, Me(7er)101.4acation of seats>=

D(E 2o person shall be a member of both 'ouses of Parliamentand proision shall be made by Parliament by law for theacation by a person who is chosen a member of both'ouses of his seat in one 'ouse or the other>

D)E 2o person shall be a member both of Parliament and of a'ouse of the %e"islature of a State, and if a person ischosen a member both of Parliament and of a 'ouse ofthe %e"islature of a State, then, at the e&piration of suchperiod as may be speci?ed in rules made by the President,that persons seat in Parliament shall become acant, unlesshe has preiously resi"ned his seat in the %e"islature of

the State>


25/178

'ouse is proro"ued or is adKourned for more than four

consecutie days>

102.3is@uali?cations for membership>=

(1) A person shall be dis@uali?ed for bein" chosen

as, and for bein", a member of either 'ouse ofParliament=

(a) if he holds any o$ce of pro?t under the5oernment of India or the 5oernment of any State,

other than an o$ce declared by Parliament by law

not to dis@ualify its holder:

(b) if he is of unsound mind and stands so declaredby a competent court:

(c) if he is an undischar"ed insolent:

(d) if he is not a citi7en of India, or has oluntarily

ac@uired the citi7enship of a forei"n State, or is underany acnowled"ment of alle"iance or adherence to a

forei"n State:

(e) if he is so dis@uali?ed by or under any law madeby Parliament>

E*+lana#on. For the purposes of this clause a person shall not

be deemed to hold an o$ce of pro?t under the 5oernment of

India or the 5oernment of any State by reason only that he is a

Minister either for the Union or for such State>

(2) A person shall be dis@uali?ed for bein" amember of either 'ouse of Parliament if he is so

dis@uali?ed under the Tenth Schedule>

103. 3ecision on @uestions as to dis@uali?cations ofmembers>=

(1) If any @uestion arises as to whether a member ofeither 'ouse of Parliament has become subKect to any of

the dis@uali?cations mentioned in clause D(E of article (0),

the @uestion shall be referred for the decision of the

President and his decision shall be ?nal>

(2) 6efore "iin" any decision on any such@uestion, the President shall obtain the opinion of the

!lection Commission and shall act accordin to such

dis@uali?ed>=If a person sits or otes as a member of either 'ouseof Parliament before he has complied with the re@uirements ofarticle //, or when he nows that he is not @uali?ed or that he isdis@uali?ed for membership thereof, or that he is prohibitedfrom so doin" by the proisions of any law made by Parliament,

he shall be liable in respect of each day on which he so sits or otesto a penalty of ?e hundred rupees to be recoered as a debt dueto the Union>

Po/er)8 Prle!e) an' I((%n#e) o, Parla(en# an' #)Me(7er)

105.Powers, priile"es, etc>, of the 'ouses of Parliamentand of the members and commiJees thereof>=

(1) SubKect to the proisions of this Constitution andto the rules and standin" orders re"ulatin" the procedureof Parliament, there shall be freedom of speech in

Parliament>(2) 2o member of Parliament shall be liable to anyproceedin"s in any court in respect of any thin" said orany ote "ien by him in Parliament or any commiJeethereof, and no person shall be so liable in respect of thepublication by or under the authority of either 'ouse ofParliament of any report, paper, otes or proceedin"s>

(3) In other respects, the powers, priile"es andimmunities of each 'ouse of Parliament, and of themembers and the commiJees of each 'ouse, shall be suchas may from time to time be de?ned by Parliament bylaw, and, until so de?ned, shall be those of that 'ouseand of its members and commiJees immediately beforethe comin" into force of section ( of the ConstitutionDForty=fourth AmendmentE Act, (/+.>

(4) The proisions of clauses D(E, D)E and D-E shallapply in relation to persons who by irtue of thisConstitution hae the ri"ht to spea in, and otherwise totae part in the proceedin"s of, a 'ouse of Parliament orany commiJee thereof as they apply in relation tomembers of Parliament>

106. Salaries and allowances of members>= Members


26/178

by law and, until proision 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 3ominion of

India>Le!)la#e Pro-e'%re

107.Proisions as to introduction and passin" of 6ills>=

(1) SubKect to the proisions of articles (0/ and ((+with respect to Money 6ills and other ?nancial 6ills, a 6ill

may ori"inate in either 'ouse of Parliament>

(2) SubKect to the proisions of articles (0. and (0/, a6ill shall not be deemed to hae been passed by the

'ouses of Parliament unless it has been a"reed to by both

'ouses, either without amendment or with such

amendments only as are a"reed to by both 'ouses>

(3) A 6ill pendin" in Parliament shall not lapse byreason of the proro"ation of the 'ouses>

(4) A 6ill pendin" in the Council of States which hasnot been passed by

indian government and politics 1

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