CONSTITUTION OF INDIA
PART I
THE UNION AND IT'S TERRITORY
1.Name and territory of the Union. -
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First
Schedule.
(3) The territory of India shall comprise-
1. The territories of the States; the Union territories specified in the First
Schedule; and such other territories as may be acquired.
2. Admission or establishment of new States: - Parliament may by law
admit into the Union, or establish, new States on such terms and conditions, as
it thinks fit.
2A. Sikkim to be associated with the Union [ Rep. by the Constitution
Thirty-six Amendment Act, 1975, Section 5 (w.e.f. 26.04.1975).
3. Formation of new States and alteration of areas, boundaries or names of
existing States: - Parliament may by law.
(a.) form a new State by separation of territory from any State or by uniting
two or more States or parts of States or by uniting any territory to a part of
any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State;
Provided that no Bill for the purpose shall be introduced in either House of
Parliament except on the recommendation of the President and unless, where the
proposal contained in the Bill affects the area, boundaries or name of any of
the States, the Bill has been referred by the President to the Legislature of
that State for expressing its views thereon within such period as may be
specified in the reference or within such further period as the President may
allow and the period so specified or allowed has expired.
Explanation I - In this article, in clauses (a) to (e), "State" includes a Union
territory, but in the proviso, "State" does not include a Union territory.
Explanation II - The power conferred on Parliament by clause (a) includes the
power to form a new State or Union territory by uniting a part of any State or
Union territory to any other State or Union territory.
4. Laws made under Articles 2 and 3 to provide for the amendment of the First
and the Fourth Schedules and supplemental, incidental and consequential matters.-
(1) Any law referred to in Article 2 or Article 3 shall contain such provisions
for the amendment of the First Schedule and the Fourth Schedule as may be
necessary to give effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions (including provisions as
to representation in Parliament and in the Legislature or Legislatures of the
State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of Article 368.
PART
II-CITIZENSHIP
5.Citizenship at the commencement of the Constitution.- At the
commencement of this Constitution every person who has his domicile in the
territory of India and -
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than
five years preceding such commencement, shall be a citizen of India.
6. Rights of citizenship of certain persons who have migrated to India from
Pakistan.- Notwithstanding anything in Article 5, a person who has migrated
to the territory of India from the territory now included in Pakistan shall be
deemed to be a citizen of India at the commencement of this Constitution if-
(a) he or either of his parents or any of his grand-parents was born in India as
defined in the Government of India Act, 1935 (as originally enacted); and
(b) (i) in the case where such person has so migrated before the nineteenth day
of July, 1948, he has been ordinarily resident in the territory of India since
the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth
day of July, 1948, he has been registered as a citizen of India by an officer
appointed in that behalf by the Government of the Dominion of India on an
application made by him therefore 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 or at least six months immediately preceding the date of
his application.
7. Rights of citizenship of certain migrants to Pakistan -
Notwithstanding anything in Articles 5 and 6, a person who has after the first
day of March, 1947,migrated from the territory of India to the territory now
included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having
so migrated to the territory now included in Pakistan, has returned to the
territory of India under a permit for resettlement or permanent return issued by
or under the authority of any law and every such person shall for the purposes
of clause (b) of Article 6 be deemed to have migrated to the territory of India
after the nineteenth day of July, 1948.
8. Rights of citizenship of certain persons of India origin residing outside
India.- Notwithstanding anything in Article 5, any person who or either of
whose parents or any of whose grand-parents was born in India as defined in the
Government of India Act, 1935 (as originally enacted), and who is ordinarily
residing in any country outside India as so defined shall be deemed to be a
citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is for
the time being residing on an application made by him therefore to such
diplomatic or consular representative, whether before or after the commencement
of this Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.
9. Person voluntarily acquiring citizenship of a foreign State not to be
citizens.- No person shall be a citizen of India by virtue of Article 5, or
be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he
has voluntarily acquired the citizenship of any foreign State.
10. Continuance of the rights of citizenship.- Every person who is or is
deemed to be a citizen of India under any of the foregoing provisions of this
Part shall, subject to the provisions of any law that may be made by Parliament,
continue to be such citizen.
11. Parliament to regulate the right of citizenship by law.- Nothing in
the foregoing provisions of this Part shall derogate from the power of
Parliament to make any provision with respect to the acquisition and termination
of citizenship and all other matters relating to citizenship.
PART
III-FUNDAMENTAL RIGHTS
GENERAL
12. Definition.- In this part, unless the context otherwise requires,
"the State" includes the Government and Parliament of India and the Government
and the Legislature of each of the States and all local or other authorities
within the territory of India or under the control of the Government of India.
13. Laws inconsistent with or in derogation of the fundamental rights.-
(1) All laws in force in the territory of India immediately before the
commencement of this Constitution, in so far as they are inconsistent with the
provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights
conferred by this Part and any law made in contravention of this clause shall,
to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires.-
"law" includes any Ordinance, order, bye-law, rule, regulation, notification,
custom or usages having in the territory of India the force of law;
"laws in force" includes laws passed or made by Legislature or other competent
authority in the territory of India before the commencement of this Constitution
and not previously repealed, notwithstanding that any such law or any part
thereof may not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution
made under Article 368.
RIGHT OF EQUALITY
14. Equality before law.- The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory
of India. Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.-
(1) The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or
condition with regard to-
(a) access to shops, public restaurants, hotels and palaces of public
entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the
general public.
(3) Nothing in this article shall prevent the State from making any special
provision for women and children.
(4) Nothing in this article or in clause (2) of Article 29 shall prevent the
State from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes.
16. Equality of opportunity in matters of public employment.-
(1) There shall be equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated
against in respect or, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law
prescribing, in regard to a class or classes of employment or appointment to an
office under the Government of, or any local or other authority within, a State
or Union territory, any requirement as to residence within that State or Union
territory] prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision
for the reservation of appointments or posts in favor of any backward class of
citizens which, in the opinion of the State, is not adequately represented in
the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides
that the incumbent of an office in connection with the affairs of any religious
or denominational institution or any member of the governing body thereof shall
be a person professing a particular religion or belonging to a particular
denomination.
17. Abolition of Untouchability.- "Untouchability" is abolished and its
practice in any form is forbidden. The enforcement of any disability arising out
of "Untouchability" shall be an offence punishable in accordance with law.
18. Abolition of titles.-
No title, not being a military or academic distinction, shall be conferred by
the State.
No citizen of India shall accept any title from any foreign State.
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.
No person holding any office of profit or trust under the State shall, without
the consent of the President, accept any present, emolument, or office of any
kind from or under any foreign State
RIGHT TO FREEDOM
19. Protection of certain rights regarding freedom of speech etc.- (1)
All citizens shall have the right-
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practice any profession, or to carry on any occupation, trade or
business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any
existing law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the
said sub-clause in the interests of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or
incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of
any existing law in so far as it imposes, or prevent the State from making any
law imposing, in the interests of the sovereignty and integrity of India or
public order, reasonable restrictions on the exercise of the right conferred by
the said sub-clause.
(4) Nothing in sub-clause of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, in the interests of the sovereignty and integrity of India or public
order or morality, reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
(5) Nothing in sub-clauses (d) and (e) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the State from
making any law imposing, reasonable restrictions on the exercise of any of the
rights conferred by the said sub-clauses either in the interests of the general
public or for the protection of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of
any existing law in so far as it imposes, or prevent the State from making any
law imposing, in the interests of the general public, reasonable restrictions on
the exercise of the right conferred by the said sub-clause, and, in particular,
nothing in the said sub-clause shall affect the operation of any existing law in
so far as it relates to, or prevent the State from making any law relating to,-
(i) the professional or technical qualifications necessary for 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.
20. Protection in respect of conviction for offences.- (1) No person
shall be convicted of any offence except for violation of the law in force at
the time of the commission of the act charged as an offence, nor be subjected to
a penalty greater than that which might have been inflicted under the law in
force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than
once.
(3) No person accused of any offence shall be compelled to be a witness against
himself.
21. Protection of life and personal liberty.- No person shall be deprived
of his life or personal liberty except according to procedure established by
law.
22. Protection against arrest and detention in certain cases.- (1) No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such
arrest excluding the time necessary for the journey from the place of arrest to
the court of the magistrate and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply (a) to any person who for the
time being is an enemy alien; or (b) to any person who is arrested or detained
under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a
person for a longer period than three months unless- (a) an Advisory Board
consisting of persons who are, or have been, or are qualified to be appointed
as, Judges of a High Court has reported before the expiration of the said period
of three months that there is in its opinion sufficient cause for such
detention:
(5) When any person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order shall, as
soon as may be, communicate to such person the grounds on which the order has
been made and shall afford him the earliest opportunity of making a
representation against the order.
(6) Nothing in clause (5) shall require the authority making any such order as
is referred to in that clause to disclose facts which such authority considers
to be against the public interest to disclose.
(7) Parliament may by law prescribe-
(a) the circumstances under which, and the class or classes of cases in which, a
person may be detained for a period longer than three months under any law
providing for preventive detention without obtaining the opinion of an Advisory
Board in accordance with the provisions of sub-clause (a) of clause (4);
(b) the maximum period for which any person may in any class or classes of cases
be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under
sub-clause (a) of clause (4).
RIGHT AGAINST EXPLOITATION
23. Prohibition of traffic in human beings and forced labour.- (1)
Traffic in human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence
punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory
service for public purpose, and in imposing such service the State shall not
make any discrimination on grounds only of religion, race, caste or class or any
of them.
24. Prohibition of employment of children in factories, etc.- No child
below the age of fourteen years shall be employed to work in any factory or mine
or engaged in any other hazardous employment. Provided that nothing in this
sub-clause shall authorise the detention of any person beyond the maximum period
prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
such person is detained in accordance with the provisions of any law made by
Parliament under sub-clauses (a) and (b) of clause (7)
RIGHT TO FREEDOM OF RELIGION
25. Freedom of conscience and free profession, practice and propagation of
religion.-
(1) Subject to public order, morality and health and to the other provisions of
this Part, all persons are equally entitled to freedom of conscience and the
right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law -
(a) regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of
Hindus.
Explanation I.- The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion.
Explanation II.- In sub-clause (b) of clause reference to Hindus shall be
construed as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.
26. Freedom to manage religious affairs.- Subject to public order,
morality and health, every religious denomination or any section thereof shall
have the right-
(a) to establish and maintain institutions for religious and charitable
purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular religion.-
No person shall be compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for the promotion or
maintenance of any particular religion or religions denomination.
28. Freedom as to attendance at religious instruction or religious worship in
certain educational institutions.- (1)No religion instruction shall be
provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is
administered by the State but has been established under any endowment or trust
which requires that religious instruction shall be imparted in such
institution.
(3) No person attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to take part in any religious
instruction that may be imparted in such institution or to attend any religious
worship that may be conducted in such institution or in any premises attached
thereto unless such person or, if such person is a minor, his guardian has given
his consent thereto.
CULTURAL AND EDUCATIONAL RIGHTS
29. Protection of interests of minorities.- (1) Any section of the
citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve
the same.
(2) No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.
30. Right of minorities to establish and administer educational institutions.-
(1)All minorities, whether based on religion or language, shall have the right
to establish and administer educational institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of any property
of an educational institution established and administered by a minority,
referred to in clause (1), the State shall ensure that the amount fixed by or
determined under such law for the acquisition of such property is such as would
not restrict or abrogate the right guaranteed under that clause.
(2) The state shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it is under
the management of a minority, whether based on religion or language.
31 Repealed
SAVING OF CERTAIN LAWS
31A. Saving of laws providing for acquisition of estates, etc. (1)
Notwithstanding anything contained in Article 13, no law providing for
(a) the acquisition by the State of any estate or of any rights therein or the
extinguishment or modification of any such rights, or
(b) the taking over of the management of any property by the State for a limited
period either in the public interest or in order to secure the proper management
of the property, or
(c) the amalgamation of two or more corporations either in the public interest or
in order to secure the proper management of any of the corporations, or
(d) the extinguishment or modification of any rights of managing agents,
secretaries and treasurers, managing directors, directors or managers of
corporations, or of any voting rights of shareholders thereof, or
(e) the extinguishment or modification of any rights accruing by virtue of any
agreement, lease or licence for the purpose of searching for, or winning, any
mineral or mineral oil, or the premature termination or cancellation of any such
agreement, lease or licence, shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the rights conferred by
[Article 14 or Article 19]:
Provided that where such law is a law made by the Legislature of a State, the
provisions of this article shall not apply thereto unless such law, having been
reserved for the consideration of the President, has received his assent:
Provided further that where any law makes any provision for the acquisition by
the State of any estate and where any land comprised therein is held by a person
under his personal cultivation, it shall not be lawful for the State to acquire
any portion of such land as is within the ceiling limit applicable to him under
any law for the time being in force or any building or structure standing
thereon or appurtenant thereto, unless the law relating to the acquisition of
such land, building or structure, provides for payment of compensation at a rate
which shall not be less than the market value thereof.
(2) In this article,-
(a) the expression "estate", shall, in relation to any local area, have the same
meaning as that expression or its local equivalent has in the existing law
relating to land tenures in force in that area and shall also include-
(i) any jagir, inam or muafi or other similar grant and in the States of Tamil
Nadu and Kerala, any janmam right;
(ii) any land held under ryotwary settlement;
(iii)any land held or let for purposes of agriculture or for purposes ancillary
thereto, including waste land, forest land, land for pasture or sites of
buildings and other structures occupied by cultivators of land, agricultural
labourers and village artisans;
(b) the expression "rights", in relation to an estate, shall include any rights
vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat,
under- raiyat or other intermediary and any rights or privileges in respect of
land revenue.
31B. Validation of certain Acts and Regulations.- Without prejudice to
the generality of the provisions contained in Article 31A, none of the Acts and
Regulations specified in the Ninth Schedule nor any of the provisions thereof
shall be deemed to be void, or ever to have become void, on the ground that such
Act, Regulation or provision is inconsistent with, or takes away or abridges any
of the rights conferred by, any provisions of this Part, and notwithstanding any
judgment, decree or order of any court or tribunal to the contrary, each of the
said Acts and Regulations shall, subject to the power of any competent
Legislature to repeal or amend it, continue in force.
31C. Saving of laws giving effect to certain directive principles.-
Notwithstanding anything contained in Article 13, no law giving effect to the
policy of the State towards securing all or any of the principles laid down in
Part IV shall be deemed to be void on the ground that it is inconsistent with,
or takes away or abridges any of the rights conferred by Article 14 or Article
19 and no law containing a declaration that it is for giving effect to such
policy shall be called in question in any court on the ground that it does not
give effect to such policy:
Provided that where such law is made by the Legislature of a State, the
provisions of this Article shall not apply thereto unless such law, having been
reserved for the consideration of the President, has received his assent.
31D Repealed
RIGHT TO CONSTITUTIONAL REMEDIES
32. Remedies for enforcement of rights conferred by this Part.- (1)
The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may be appropriate, for the enforcement of
any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clause (1)
and (2), Parliament may by law empower any other court to exercise within the
local limits of its jurisdiction all or any of the powers exercisable by the
Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
32A Repealed
33. Power of Parliament to modify the rights conferred by this Part in their
application etc.- Parliament may, by law, determine to what extent any of
the rights conferred by this Part shall, in their application to,-
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State
for purposes of intelligence or counter intelligence; or
(d) 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
discharge of their duties and the maintenance of discipline among them.
34. Restriction on rights conferred by this Part while martial law is in
force in any area.- Notwithstanding anything in the foregoing provisions of
this Part, Parliament may by law indemnify any person in the service of the
Union or of a State or any other person in respect of any act done by him in
connection with the maintenance or restoration of order in any area within the
territory of India where martial law was in force or validate any sentence
passed, punishment inflicted, forfeiture ordered or other act done under martial
law in such area.
35. Legislation to give effect to the provisions of this Part.-
Notwithstanding anything in this Constitution,-
(a) Parliament shall have, and the Legislature of a State shall not have, power
to make laws-
(i) with respect to any of the matters which under clause (3) of Article 16,
clause (3) of Article 32, Article 33 and Article 34 may be provided for by law
made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences
under this Part; and Parliament shall, as soon as may be after the commencement
of this Constitution, make laws for prescribing punishment for the acts referred
to in sub-clause (ii);
(b) any law in force immediately before the commencement of this Constitution in
the territory of India with respect to any of the matters referred to in
sub-clause (i) of clause (a) or providing for punishment for any act referred to
in sub-clause (ii) of that clause shall, subject to the terms there of and to
any adaptations and modifications that may be made therein under Article 372,
continue in force until altered or repealed or amended by Parliament.
Explanation.- In this article, the expression "law in force" has the same
meaning as in Article 372.
PART IV-DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.- In this Part, unless the context otherwise requires,
"the State" has the same meaning as in Part III.
37. Application of the principles contained in this Part.- The provisions
contained in this Part shall not be enforceable by any court, but the principles
therein laid down are nevertheless fundamental in the governance of the country
and it shall be the duty of the State to apply these principles in making laws.
38. State to secure a social order for the
promotion of welfare of the people.- (1)
The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in
income, and endeavor to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people
residing in different areas or engaged in different vocations.
39. Certain principles of policy to be followed by the State:- The State
shall, in particular, direct its policy towards securing-
(a) that the citizens, men and women equally, have the right to an adequate
means to 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.
39 A. Equal justice and free legal aid.- The State shall secure that the
operation of the legal system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other disabilities.
40. Organisation of village panchayats.- The State shall take steps to
organize village panchayats and endow them with such powers and authority as may
be necessary to enable them to function as units of self-government.
41. Right to work, to education and to public assistance in certain
cases.- The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work, to
education and to public assistance in cases of unemployment, old age, sickness
and disablement, and in other cases of undeserved want.
42. Provision for just and humane conditions of work and maternity relief.-
The State shall make provision for securing just and humane conditions of work
and for maternity relief.
43. Living wage, etc., for workers.- The State shall endeavour to secure,
by suitable legislation or economic organisation or in any other way, to all
workers, agricultural, industrial or otherwise, work, a living wage, conditions
of work ensuring a decent standard of life and full enjoyment of leisure and
social and cultural opportunities and, in particular, the State shall endeavor
to promote cottage industries on an individual or co-operative basis in rural
areas.
43.A Participation of workers in management of industries.- The State
shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or
other organisations engaged in any industry.
44. Uniform civil code for the citizens.- The State shall endeavour to
secure for the citizens a uniform civil code throughout the territory of India.
45. Provision for free and compulsory education for children.- The State
shall endeavour 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.
46. Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections.- The State shall promote with
special care the educational and economic interests of the weaker sections of
the people, and, in particular, of the Scheduled Castes and the Scheduled
Tribes, and shall protect them from social injustice and all forms of
exploitation.
47. Duty of the State to raise the level of nutrition and the standard of
living and to improve public health.- The State shall regard the raising of
the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties and, in particular, the
State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to
health.
48. Organisation of agriculture and animal husbandry.- The State shall
endeavour to organise agriculture and animal husbandry on modern and scientific
lines and shall, in particular, take steps for preserving and improving the
breeds, and prohibiting the slaughter, of cows and calves and other milch and
draught cattle.
48A Protection and improvement of environment and safeguarding of forests and
wild life.- The State shall endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country.
49. Protection of monuments and places and objects of national importance.-
It shall be the obligation of the State to protect every monument or place or
object of artistic or historic interests, declared by or under law made by
Parliament to be of national importance, from spoliation, disfigurement,
destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.- The State shall take steps
to separate the judiciary from the executive in the public services of the
State.
51. Promotion of international peace and security.- The State shall
endeavour to -
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and encourage settlement of international
disputes by arbitration.
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.- It shall be the duty of every
citizen of India- (a) to abide by the Constitution and respect its ideals and
institutions, the national Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle
for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do
so;
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and
reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour and
achievement.
PART
V-THE UNION
CHAPTER I - THE EXECUTIVE
The President and Vice-President
52. The President of India.- There shall be a President of India.
53. Executive power of the Union.-
(1) The executive power of the Union shall be vested in the President and shall
be exercised by him either directly or through officers subordinate to him in
accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme
command of the Defence Forces of the Union shall be vested in the President and
the exercise thereof shall be regulated by law.
(3) Nothing in this article shall-
(a) be deemed to transfer to the President any functions conferred by any
existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other
than the President.
54. Election of President.- The President shall be elected by the members
of an electoral college consisting of the elected members of both Houses of
Parliament; and the elected members of the Legislative Assemblies of the
States.
55. Manner of election of President.-
(1) As far as practicable, there shall be uniformity in the scale of
representation of the d different States at the election of the President.
(2) For the purpose of securing such uniformity among the States inter se as
well as parity b between the States as a whole and the Union, the number of
votes which each elected member of Parliament and of the Legislative Assembly of
each State is entitled to cast at such election shall be determined in the
following manner:-
(a) every elected member of the Legislative Assembly of a State shall have as
many votes as there are multiples of one thousand in the quotient obtained by
dividing the population of the State by the total number of the elected members
of the Assembly;
(b) if, after taking the said multiples of one thousand, the remainder is not
less than five hundred, then the vote of each member referred to in sub-clause
(a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of
votes as may be obtained by dividing the total number of votes assigned to the
members of the Legislative Assemblies of the States under sub-clause (a) and (b)
by the total number of the elected members of both Houses of Parliament,
fractions exceeding one-half being counted as one and other fractions being
disregarded.
(3) The election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote and the
voting at such election shall be by secret ballot.
Explanation.- n this article, the expression "population" means the population
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 2000 have been
published, be construed as a reference to the 1971 census.
56. Term of office of President.- (1) The President shall hold office for
a term of five years from the date on which he enters upon his office:
Provided that -
(a) the President may, by writing under his hand addressed to the
Vice-President, resign his office;
(b) the President may, for violation of the constitution, be removed from office
by impeachment in the manner provided in Article 61:
(c) the President shall, notwithstanding the expiration of his term, continue to
hold office until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the
proviso to clause (1) shall forthwith be communicated by him to the Speaker of
the House of the People.
57. Eligibility for re-election.- A person who holds, or who has held,
office as President shall, subject to the other provisions of this Constitution,
be eligible for re-election to that office.
58. Qualifications for election as President.- (1) No person shall be
eligible for election as President unless he-
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any
office of profit under the or the Government of any State or under any local or
other authority subject to the control of any of the said Governments.
Explanation.- For the purposes of this article, a person shall not be deemed to
hold any office of profit by reason only that he is the President or Vice
President of the Union or the Governor of any State or is a Minister either for
the Union or for any State.
59. Conditions of President's office.- (1) The President shall not be a
member of either House of Parliament or of a House of the Legislature of any
State, and if a member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his office as
President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of his
official residences and shall be also entitled to such emoluments, allowances
and privileges as may be determined by Parliament by law and, until provision in
that behalf is so made, such emoluments, allowances and privileges as are
specified in the Second Schedule.
(4) The emoluments and allowances of the President shall ot be diminished during
his term of office.
60. Oath or affirmation by the President.- Every President and every
person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief
Justice of India or, in his absence, the senior most Judge of the Supreme Court
available, an oath or affirmation in the following form, that is to say-swear in
the name of God.
"I, A.B., do _______________________ that I solemnly affirm will faithfully
execute the office of President (or discharge the functions of the President) of
India and will do the best of my ability preserve, protect and defend the
Constitution and the law and that I will devote myself to the service and
well-being of the people of India."
61. Procedure for impeachment of the President.-
(1) When a President is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to prefer such charge is contained in a resolution which has
been moved after at least fourteen days' notice in writing signed by not less
than one-fourth of the total number of members of the House has been given of
their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of
the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other
House shall investigate the charge or cause the charge to be investigated and
the President shall have the right to appear and to be represented as such
investigation.
(4) If as a result of the investigation a resolution is passed by a majority of
not less than two-thirds of the total membership of the House by which the
charge was investigated or cause to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have
the effect of removing the President from his office as from the date on which
the resolution is so passed.
62. Time of holding election to fill vacancy in the office of President and
the term of office of person elected to fill casual vacancy.- (1) An
election to fill a vacancy caused by the expiration of the term of office of
President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason
of his death, resignation or removal, or otherwise shall be held as soon as
possible after, and in no case later than six months from, the date of
occurrence of the vacancy, and the person elected to fill the vacancy shall,
subject to the provisions of Article 56, be entitled to hold office for the full
term of five years from the date on which he enters upon his office.
63. The Vice-President of India.- There shall be a Vice-President of
India.
64. The Vice-President to be ex-officio Chairman of the council of States.-
The Vice-President shall be ex-officio chairman of the counsel of States and
shall not hold any other office of profit: Provided that during any period when
the Vice-President acts as President or discharges the functions of the
President under Article 65, he shall not perform the duties of the office of
chairman of the council of States and shall not be entitled to any salary or
allowance payable to the chairman of the council of States under Article 97.
65. The Vice-President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of President.-
(1) In the event of the occurrence of any vacancy in the office of the President
by reason of his death, resignation or removal, or otherwise, the Vice-President
shall act as President until the date on which a new President elected in
accordance with the provisions of this Chapter to fill such vacancy enters upon
his office.
(2) When the President is unable to discharge his functions owing to absence,
illness or any other cause, the Vice-President shall discharge his functions
until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is
so acting as, or discharging the functions of, President, have all the powers
and immunities of the President and be entitled to such emoluments, allowances
and privileges as may be determined by Parliament by law and, until provision in
that behalf is so made, such emoluments, allowances and privileges as are
specified in the Second Schedule.
66. Election of Vice-President.- (1) The Vice-President shall be elected
by the members of an electoral college consisting of the members of both Houses
of Parliament in accordance with the system of proportional representation by
means of the single transferable vote and the voting at such election shall be
by secret ballot.
(2) The Vice-President shall not be a member of either House of Parliament or of
a House of the Legislature of any State, and if a member of either House of
Parliament or of a House of the Legislature of any State be elected
Vice-President, he shall be deemed to have vacated his seat in that House on the
date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he-
(a) is a citizen of India;
(b) has completed the age of thirty-five years;
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he holds
any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the
said Governments.
Explanation- For the purposes of this article, a person shall not be deemed to
hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
67. Term of office of Vice-President.- The Vice-President shall hold
office for a term of five years from the date on which he enters upon his
office:
Provided that -
(a) a Vice-President may, by writing under his hand addressed to the President,
resign his office;
(b) a Vice-President may be removed from his office by a resolution of the
council of States passed by a majority of all the then members of the council
and agreed to by the House of the People; but no resolution for the purpose of
this clause shall be moved unless at least fourteen days' notice has been given
of the intention to move the reso
(c) a Vice-President shall, notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his office.
68. Time of holding election to fill vacancy in the office of Vice-President
and the term of office of person elected to fill casual vacancy.- (1) An
election to fill a vacancy caused by the expiration of the term of office of
Vice-President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by
reason of his death, resignation or removal, or otherwise shall be held as soon
as possible after the occurrence of the vacancy, and the person elected to fill
the vacancy shall, subject to the provisions of Article 67, be entitled to hold
office for the full term of five years from the date on which he enters upon his
office.
69. Oath or affirmation by the Vice-President.- Every Vice-President
shall, before entering upon his office, make and subscribe before the President,
or some person appointed in that behalf by him, an oath or affirmation in the
following form, that is to say-swear in the name of God" I, A. B., do
------------------------- that solemnly affirm will bear true faith, and
allegiance to the Constitution of India as by law established and that I will
faithfully discharge the duty upon which I am about to enter."
70. Discharge of President's functions in other contingencies.-
Parliament may make such provision as if thinks fit for the discharge of the
functions of the President in any contingency not provided for in this Chapter.
71. Matters relating to, or connected with, the election of a president or
Vice-President.- (1) All doubts and disputes arising out of or in connection
with the election of a president or vice-President shall be inquired into and
decided by the Supreme court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void
by the Supreme court, acts done by him in the exercise and performance of the
powers and duties of the office of President or Vice-President, as the case may
be, on or before the date of the decision of the Supreme Court shall not be
invalidated by reason of that declaration.
(3) Subject to the provisions of this constitution, Parliament may by law
regulate any matter relating to or connected with the election of a President or
Vice-President.
(4) The election of a person as President or Vice-President shall not be called
in question on the ground of the existence of any vacancy for whatever reason
among the members of the electoral college electing him.
72. Power of President to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases.- (1) The President shall have the power
to grant pardons, reprieves, respites or remissions of punishment or to suspend,
remit or commute the sentence of any person convicted of any offence-
(a) in all cases where the punishment or sentence is by a court Martial;
(b) in all cases where the punishment or sentence is for an offence against any
law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Noting in sub-clause (a) of Clause (1) shall affect the power to suspend,
remit or commute a sentence of death exercisable by the Governor of a State
under any law for the time being in force.
73. Extent of executive power of the Union.- (1) Subject to the
provisions of this Constitution, the executive power of the Union shall extend-
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the government of India by virtue of any treaty on agreement:
Provided that the executive power referred to in sub-clause (a) shall not, save
as expressly provided in this constitution or in any law made by Parliament,
extend in any State to matters with respect in which the Legislature of the
State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or authority
of a State may, notwithstanding anything in this article, continue to exercise
in matters with respect to which Parliament has power to make laws for that
State such executive power or functions as the State or officer or authority
thereof could exercise immediately before the commencement of this
Constitution.
Council of Ministers
74. Council of Ministers to aid and advise President.- (1) There shall be
a Council of Ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with
such advice:
Provided that the President may require the council of Ministers to reconsider
such advice, either generally or otherwise, and the President shall act in
accordance with the advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers
to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.- (1) The Prime Minister shall be appointed
by the President and the other Ministers shall be appointed by the President on
the advice of the Prime Minister.
(2) The Minister shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of
the People.
(4) Before a Minister enters upon his office, the President shall administer to
him the oaths of office and of secrecy according to the forms set out for the
purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not a member of
either House of Parliament shall at the expiration of that period cease to be a
Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may
from time to time by law determine and, until Parliament so determines, shall be
as specified in the Second Schedule.
The Attorney-General for India
76. Attorney-General for India.- (1) The President shall appoint a person
who is qualified to be appointed a Judge of the Supreme Court to be
Attorney-General for India.
(2) it shall be the duty of the Attorney General to give advice to the
Government of India upon such legal matters, and to perform such other duties of
a legal character, as may from time to time be referred or assigned to him by
the President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have right of
audience in all courts in the territory of India.
(4) The Attorney General shall hold office during the pleasure of the President,
and shall receive such remuneration as the President may determine.
Conduct of Government Business
77. Conduct of business of the Government of India.- (1) All executive
action of the Government of India shall be expressed to be taken in the name of
the President.
(2) Orders and other instruments made and executed in the name of the President
shall be authenticated in such manner as may be specified in rules to be made by
the President, and the validity of an order or instrument which is so
authenticated shall nor be called in question on the ground that it is not an
order or instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction of the
business of the Government of India, and for the allocation among Ministers of
the said business.
78. Duties of Prime Minister as respects the furnishing of information to the
President, etc.- It shall be the duty of the Prime Minister-
(a) to communicate to the President all decisions of the council of Ministers
relating to the administration of the affairs of the union and proposals for
legislation;
(b) to furnish such information relating to the administration of the affairs of
the Union and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council
of Ministers any matter on which a decision has been taken by a Minister but
which has not been considered by the Council.
CHAPTER II - PARLIAMENT
General
79. Constitution of Parliament.- There shall be a Parliament for the
Union which shall consist of the President and two Houses to be known
respectively as the council of States and the House of the People.
80. Composition of the Council of States.- (1) The Council of States
shall consist of-
(a) twelve members to be nominated by the President in accordance with the
provisions of clause (3);and
(b) not more than two hundred and thirty-eight representatives of the States and
of the Union territories.
(2) The allocation of seats in the Council of States to be filled by
representatives of the States and of the Union territories shall be in
accordance with the provisions in that behalf contained in the fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause
(1) shall consist of persons having special knowledge or practical experience in
respect of such matters as the following, namely:-
Literature, science, art and social service.
(4) The representatives of each State in the council of States shall be elected
by the elected members of the Legislative Assembly of the State in accordance
with the system of proportional representation by means of the single
transferable vote.
(5) The representatives of the Union Territories in the council of States shall
be chosen in such manner as Parliament may by law prescribe.
81. Composition of the House of the People.- (1) Subject to the
provisions of Article 331 the House of the People shall consist of -
(a) not more than five hundred and thirty members chosen by direct election from
territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in
such manner as parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1)-(a) there shall be allotted
to each State a number of seats in the House of the People in such manner that
the ratio between that number and the population of the State is, so far as
practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner
that the ratio between the population of each constituency and the number of
seats allotted to it is, so far as practicable, the same throughout the State:
Provided that the provisions of sub-clause (a) of this clause shall not be
applicable for the purpose of allotment of seats in the House of the People to
any State so long as the population of that State does not exceed six millions.
(3) In this article, the expression "population" means the population as
ascertained at the last preceding census of which the relevant figures have been
published: Provided that the reference in this clause to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2000 have been
published, be construed as a reference to the 1971 census.
82. Readjustment after each census.- Upon the completion of each census,
the allocation of seats in the House of the People to the States and the
division of each State into territorial constituencies shall be readjusted by
such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the House of
the People until the dissolution of the then existing House: Provided further
that such readjustment shall take effect from such date as 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 2000 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.
83. Duration of Houses of Parliament.- (1) The council of States shall
not be subject to dissolution, but as nearly as possible one-third of the
members thereof shall retire as soon as may be on the expiration of every second
year in accordance with the provisions made in that behalf by Parliament by
law.
(2) The House of the People, unless sooner dissolved, shall continue for five
years from the date appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as a dissolution of
the House: Provided that the said period may, while a Proclamation of Emergency
is in operation, be extended by Parliament by law for a period not exceeding one
year as a time and not extending in any case beyond a period of six months after
s the Proclamation has ceased to operate.
84. Qualification for membership of Parliament.- A person shall not be
qualified to be chosen to fill a seat in Parliament unless he-
(a) is a citizen of India, and makes and subscribes before some person
authorised in that behalf by the Election Commission an oath or affirmation
according to the form set out for the purpose in the Third Schedule;
(b) is, in the case of a seat in the Council of States, not less than thirty
years of age and, in the case of a seat in the House of the People, not less
than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or
under any law made by Parliament.
85. Sessions of Parliament, prorogation and dissolution.- (1) The
President shall form time to time summon each House of Parliament to meet at
such time and place as he thinks fit, but six months shall not intervene between
its last sitting in one session and the date appointed for its first sitting in
the next session.
(2) The President may from time to time-
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
86. Right of President to address and send messages to Houses.-
(1) The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of members.
(2) The President may send messages to either House of Parliament, whether with
respect to a Bill then pending in Parliament or otherwise, and a House to which
any message is so sent shall with all convenient dispatch consider any matter
required by the message to be taken into consideration.
87. Special address by the President.-
(1) At the commencement of the first session after each general election to the
House of the People and at the commencement of the first session of each year
the President shall address both Houses of Parliament assembled together and
inform Parliament of the causes of its summons.
(2) Provision shall be made by rules regulating the procedure of either House
for the allotment of time for discussion of the matters referred to in such
address.
88. Rights of Ministers and Attorney-General in respects Houses.- Every
Minister and the Attorney-General of India shall have the right to speak in, and
otherwise to take part in the proceedings of either House, any joint sitting of
the Houses, and any committee of Parliament of which he may be named a member,
but shall not by virtue of this article be entitled to vote.
Officers of Parliament
89. The Chairman and Deputy Chairman of the council of States.- (1) The
Vice-President of India shall be ex-officio Chairman of the Council of States.
(2) The council of States shall, as soon as may be, choose a member of the
council to be Deputy an thereof and, so often as the office of Deputy Chairman
becomes vacant, the council shall choose another member to be Deputy chairman
thereof.
90. Vacation and resignation of, and removal from, the office of Deputy
Chairman.- A member holding office as Deputy chairman of the Council of
States-
(a) shall vacate his office if he cease 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 ' shall be moved unless at least fourteen days notice has
been given of the intention to move the resolution.
91. Power of the Deputy chairman or other person to perform the duties of the
office of, or to act as, Chairman.- (1) While the office of Chairman is
vacant, or during any period when the vice-President is acting as, or
discharging the functions of, President, the duties of the office shall be
performed by the Deputy chairman, or, if the office of Deputy chairman is also
vacant, by such member of the council of States as the President may appoint for
the purpose.
(2) During the absence of the chairman from any sitting of the council of States
the Deputy chairman, or, if he is also absent, such person as may be determined
by the rules of procedure of the council, or, if no such person is present, such
other person as may be determined by the council, shall act as Chairman.
92. The Chairman or the Deputy chairman not to preside while a resolution for
his removal from office is under consideration.- (1) At any sitting of the
Council of States, while any resolution for the removal of the Vice-President
from his office is under consideration, the Chairman, or while any resolution
for the removal of the Deputy Chairman from his office is under consideration,
the Deputy Chairman, shall not, though he is present, preside, and the
provisions of clause (2) of Article 91 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the chairman, or, as
the case may be, the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in
proceedings of, the Council of States while any resolution for the removal of
the Vice President from his office is under consideration in the Council, but,
notwithstanding anything in Article 100, shall not be entitled to vote at all on
such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People.- The House
of the People shall, as soon as may be, choose two members of the House to be
respectively Speaker and Deputy Speaker thereof and, so often as the office of
Speaker or Deputy Speaker becomes vacant, the House shall choose another member
to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker.- A member holding office as Speaker or Deputy Speaker of the
House of the People-
(a) shall vacate his office if he ceases to be a member of the House of the
People;
(b) may at any time, by writing under his hand addressed, if such member is the
Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the
Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People
passed by a majority of all the then members of the House:
Provided that no resolution for the purpose of clause shall be moved unless at
least fourteen days notice has been given of the intention to move the
resolution:
Provided further that, whenever the House of the People is dissolved, the
Speaker shall not vacate his office until immediately before the first meeting
of the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the duties of the
office of, or to act as, Speaker.- (1) While the office of Speaker is
vacant, the duties of the office shall be performed by the Deputy Speaker or, if
the office of Deputy Speaker is also vacant, by such member of the House of the
People as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the
People the Deputy Speaker or, if he is also absent, such person as may be
determined by the rules of procedure of the House, or, if no such person is
present, such other person as may be determined by the House, shall act as
Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for
his removal from office is under consideration.- (1) At any sitting of the
House of the People, while any resolution for the removal of the Speaker from
his office is under consideration, the Speaker, or while any resolution for the
removal of the Deputy Speaker from his office is under consideration, the Deputy
Speaker, shall not, though he is present, preside, and the provisions of clause
(2) of Article 95 shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker, or, as the case may be, the Deputy
Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in
the proceedings of, the House of the People while any resolution for his removal
from office is under consideration in the House and shall, notwithstanding
anything in Article 100, be entitled to vote only in the first instance on such
resolution or on any other matter during such proceedings but not in the case of
an equality of votes.
97. Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker.- There shall be paid to the Chairman and the
Deputy Chairman of the council of States, and to the Speaker and the Deputy
Speaker of the House of the People, such salaries and allowances as may be
respectively fixed by Parliament by law and, until provision in that behalf is
so made, such salaries and allowances as are specified in the Second Schedule.
98. Secretariat of Parliament.- (1) Each House of Parliament shall have a
separate secretariat staff: Provided that nothing in this clause shall be
construed as preventing the creation of posts common to both Houses of
Parliament.
(2) Parliament may by law regulate the recruitment, and the conditions of
service of persons appointed, to the secretarial staff of either House of
Parliament.
(3) Until provision is made by Parliament under clause (2), the President may,
after consultation with the Speaker of the House of the People or the chairman
of the council of States, as the case may be, make rules regulating the
recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the council of States, and any
rules so made shall have effect subject to the provisions of any law made under
the said clause.
Conduct of Business
99. Oath or affirmation by members.- Every member of either House of
Parliament shall, before taking his seat, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third
Schedule.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and
quorum.- (1) Save as otherwise provided in this Constitution, all questions
at any sitting of either House or joint sitting of the Houses shall be
determined by a majority of votes of the members present and voting, other than
the Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or
person acting as such, shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes.
(2) Either House of Parliament shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in Parliament shall be
valid notwithstanding that it is discovered subsequently that some person who
was not entitled so to do sat or voted or otherwise took part in the
proceedings.
(3) Until Parliament by law otherwise provides, the quorum to constitute a
meeting of either House of Parliament shall be one-tenth of the total number of
members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be
the duty of the chairman or Speaker, or person acting as such, either to adjourn
the House or to suspend the meeting until there is a quorum
101. Vacation of seats.- (1) No person shall be a member of both
Houses of Parliament and provision shall be made by Parliament by law for the
vacation by a person who is chosen a member of both Houses of his seat in one
House or the other.
(2) No person shall be a member both of Parliament and of a House of the
Legislature of a State and if a person is chosen a member both of Parliament and
of a House of the Legislature of a State, then, at the expiration of such period
as may be specified in rules made by the President, that persons seat in
Parliament shall become vacant, unless he has previously resigned his seat in
the Legislature of the State.
(3) If a member of either House of Parliament-
(a) becomes subject to any of the disqualification's mentioned in clause (1)
or clause (2) of Article 102, or
(b) resigns his seat by writing under his hand addressed to the Chairman or
the Speaker, as the as may be, and his resignation is accepted by the chairman
or the Speaker, as the case may be, his seat shall thereupon become vacant:
Provided that in the case of any resignation referred to in sub-clause (b), if
from information received or otherwise and after making such inquiry as he
thinks fit, the chairman or the Speaker, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept such
resignation.
(4) If for a period of sixty days a member of either House of Parliament is
without permission of the House absent from all meetings thereof, the House may
declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be
taken of any period during which the House is prorogued or is adjourned for more
than four consecutive days.
102. Disqualification's for membership.- (1) A person shall be
disqualified for being chosen as, and for being, a member of either House of
Parliament-
(a) if he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by law not
to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any 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 Union or for such
State.
(2) A person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under the Tenth Schedule.
103. Decision on questions as to disqualifications of members.- (1) If
any question arises as to whether a member of either House of Parliament has
become subject to any of the disqualifications mentioned in clause (1) of
Article 102, the question shall be referred for the decision of the President
and his decision shall be final.
(2) Before giving any decision on any such question, the President shall
obtain the opinion of the Election Commission and shall act according to such
opinion.
104. Penalty for sitting and voting before making oath or affirmation
under Article 99 or when not qualified or when disqualified.- If a person
sits or votes as a member of either House of Parliament before he has complied
with the requirements of Article 99, or when he knows that he is not qualified
or that he is disqualified for membership thereof, or that he is prohibited from
so doing by the provisions of any law made by Parliament, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the Union.
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc. of the Houses of Parliament and of the
members and committees thereof.- (1) Subject to the provisions of this
constitution and the rules and standing orders regulating the procedure of
Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court
in respect of anything said or any vote given by him in Parliament or any
committee thereof, and no person shall be so liable in respect of the
publication by or under the authority of either House of Parliament of any
report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of each House of
Parliament, and of the members and the committees of each House, shall be such
as may from time to time be defined by Parliament by law, and, until so defined
shall be those of that House and of its members and committees immediately
before the coming into force of Section 15 of the Constitution (Forty-fourth
Amendment) Act 1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of Parliament or any
committee thereof as they apply in relation to members of Parliament.
106. Salaries and allowances of members.- Members of either House of
Parliament shall be entitled to receive such salaries and allowances as may from
time to time be determined by Parliament by law and, until provision in that in
that respect is so made, allowances at such rates and upon such conditions as
were immediately before the commencement of this Constitution applicable in the
case of members of the Constituent Assembly of the Dominion of India.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.- (1) Subject
to the provisions of Articles 109 and 117 with respect to Money Bills and other
financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to the provisions of Article 108 and 109, a Bill shall not be
deemed to have been passed by the Houses of Parliament unless it has been agreed
to by both Houses, either without amendment or with such amendments only as are
agreed by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation
of the Houses.
(4) A Bill pending in the Council of States which has not been passed by the
House of the People shall not lapse on a dissolution of the House of the
People.
(5) A Bill which is pending in the House of the People, or which having been
passed by the House of the People is pending in the council of States, shall
subject to the provisions of Article 108, lapse on a dissolution of the House of
the People.
108. Joint sitting of both Houses in certain cases.- (1) If after a
Bill has been passed by one House and transmitted to the other House-
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be made in the
Bill; or
(c) more than six months elapse from the date of the reception of the Bill by
the other House without the Bill being passed by it. the President may, unless
the Bill has 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.
(2) In reckoning any such period of six months as is referred to in clause
(1), no account shall be taken of any period during which the House referred to
in sub-clause of that clause is prorogued or adjourned for more than four
consecutive days.
(3) Where the President has under clause (1) notified his intention of
summoning the Houses to meet in a joint sitting, neither House shall proceed
further with the Bill, but the President may at any time after the date of his
notification summon the Houses to meet in a joint sitting for the purpose
specified in the notification and, if he does so, the Houses shall meet
accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments,
if any, as are agreed to in joint siting, is passed by a majority of the total
number of members of both Houses present and voting, it shall be deemed for the
purposes of this Constitution to have been passed by both Houses:
Provided that a joint sitting-
(a) if the Bill, having been passed by one House, has not been passed by the
other House with amendments and returned to the House in which it originated, no
amendment shall be proposed to the Bill other than such amendments (if any) as
are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as
aforesaid shall be proposed to the Bill and such other amendments as are
relevant to the matters with respect to which the Houses have not agreed; and
the decision of the person presiding as to the amendments which are admissible
under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed thereat,
notwithstanding that a dissolution of the House of the People has intervened
since the President notified his intention to summon the Houses to meet
therein.
109. Special procedure in respect of Money Bills.- (1) A Money Bill
shall not be introduced in the Council of States.
(2) After a Money Bill has been passed by the House of the People it shall be
transmitted to the Council of States for its recommendations and the Council of
States shall within a period of fourteen days from the date of its receipt of
the Bill return the Bill to the house of the People with its recommendations and
the House of the People may thereupon either accept or reject all or any of the
recommendations of the Council of States.
(3) If the House of the People accepts any of the recommendations of the
council of States, the Money Bill shall be deemed to have been passed by both
Houses with the amendments recommended by the council of States and accepted by
the House of the People.
(4) If the House of the People does not accept any of the recommendations of
the council of States, the Money Bill shall be deemed to have been passed by
both Houses in the form in which it was passed by the House of the People
without any of the amendments recommended by the Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to the
council of States for its recommendations is not returned to the House of the
People within the said period of fourteen days, it shall be deemed to have been
passed by both Houses at the expiration of the said period in the form in which
it was passed by the House of the People.
110. Definition of "Money Bill".- (1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only
provisions dealing with all or any of the following matters, namely-
(a) the imposition, abolition, remission, alteration or regulation of any
tax;
(b) the regulation of the borrowing of money or the giving of any guarantee
by the Government of India, or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the Government of
India;
(c) the custody of the consolidated Fund or the Contingency Fund of India, the
payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the
public account of India or the custody or issue of such money or the audit of
the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clause (a)
to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or for the
demand or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the
Council of States under Article 109, and when it is presented to the President
for assent under Article 111, the certificate of the Speaker of the House of the
People signed by him that it is a Money Bill.
111. Assent to Bills.- When a Bill has been passed by the Houses of
Parliament, it shall be presented to the President, and the President shall
declare either that he assents to the Bill, or that he withholds assent
therefrom.
Provided that the President may, as soon as possible after the presentation
to him of a Bill for assent, return the Bill if it is not a Money Bill to the
Houses with a message requesting that they will reconsider the Bill or any
specified provisions thereof and, in particular, will consider the desirability
of introducing any such amendments as he may recommend in his message, and when
a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if
the Bill is passed again by the Houses with or without amendment and presented
to the President for assent, the President shall not withhold assent therefrom.
Procedures in Financial Matters
112. Annual financial statement.- (1) The President shall in respect
of every financial year cause to be laid before both the Houses of Parliament a
statement of the estimated receipts and expenditure of the Government of India
for that year, in this Part referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement
shall show separately-
(a) the sums required to meet expenditure described by the Condition as
expenditure charged upon the Consolidated Fund of India; and
(b) the sums required to meet other expenditure proposed to be made from the
Consolidated Fund of India, and shall distinguish expenditure on revenue account
from other expenditure.
(3) The following expenditure shall be expenditure charged on the
Consolidated Fund of India-
(a) the emoluments and allowances of the President and other expenditure
relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of
the Council of States and the Speaker and the Deputy Speaker of the House of the
People;
(c) debt charges for which the Government of India is liable including
interest, sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of debt;
(d) (i) the salaries, allowances and pensions payable to or in respect of
Judges of the Supreme Court,
(ii) the pensions payable to or in respect of Judges of the Federal Court,
(iii) the pensions payable to or in respect of Judges of any High Court which
exercises jurisdiction in relation to any area included in the territory of
India or which at any time before the commencement of this Constitution
exercises jurisdiction in relation to any area included in a Governors Province
of the Dominion of India;
(e) the salary, allowances and pension payable to or in respect of the
Comptroller and Auditor- General of India;
(f) any sums required to satisfy any judgment, decree or award of any court
or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by
law to be so charged.
113. Procedure in Parliament with respect to estimates.-
(1) So much of the estimates as relates to expenditure charged upon the
Consolidated Fund of India shall not be submitted to the vote of Parliament, but
nothing in this clause shall be construed as preventing the discussion in either
House of Parliament of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the House of the People, and the
House of the People shall have power to assent, or to refuse to assent, to any
demand, or to assent to any demand subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made except on the recommendation of the
President.
114. Appropriation Bills.- (1) As soon as may be after the grants
under article 113 have been made by the House of the People, there shall be
introduced a Bill to provide for the appropriation out of the Consolidated Fund
of India of all moneys required to meet-
(a) the grants so made by the House of the People; and
(b) the expenditure charged on the Consolidated fund of India but not
exceeding in any case the amount shown in the statement previously laid before
Parliament.
(2) No amendment shall be proposed to any such Bill in either House of
Parliament which will have the effect of varying the amount or altering the
destination of any grant so made or of varying the amount of any expenditure
charged on the Consolidated Fund of India, and the decision of the person
presiding as to whether an amendment is inadmissible under this clause shall be
final.
(3) Subject to the provisions of articles 115 and 116, no money shall be
withdrawn from the Consolidated Fund of India expect under appropriation made by
law passed in accordance with the provisions of this article.
115. Supplementary, additional or excess grants.- (1) The President shall-
(a) If the amount authorised by any law made in accordance with the
provisions of article 114 to be expended for a particular service for the
current financial year is found to be insufficient for the purposes of that year
or when a need has arisen during the current financial year for supplementary or
additional expenditure upon some new service not contemplated in the annual
financial statement for that year, or
(b) if any money has been spent on any service during a financial year in
excess of the amount granted for that service and for that year, cause to be
laid before both the Houses of Parliament another statement showing the
estimated amount of that expenditure or cause to be presented to the House of
the People a demand for such excess, as the case may be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation
to any such statement and expenditure or demand and also to any law to be made
authorising the appropriation of moneys out of the Consolidated Fund of India to
meet such expenditure or the grant in respect of such demand as they have effect
in relation to the annual financial statement and the expenditure mentioned
therein or to a demand for a grant and the law to be made for the authorisation
of appropriation of moneys out of the Consolidated Fund of India to meet such
expenditure or grant.
116. Votes on account, votes of credit and exceptional grants.- (1)
Notwithstanding anything in the foregoing provisions of this Chapter, the House
of the People shall have power-
(a) to make any grant in advance in respect of the estimated expenditure for
a part of any financial year pending the completion of the procedure prescribed
in article 113 for the voting of such grant and the passing of the law in
accordance with the provisions of article 114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon there sources of
India when on account of the magnitude or the indefinite character of the
service the demand cannot be stand with the details ordinarily given in an
annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of
any financial year; and Parliament shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund of India for the purposes for
which the said grants are made.
(2) The provisions of articles 113 and 114 shall have effect in relation to
the making of any grant under clause (1) and to any law to be made under that
clause as they have effect in relation to the making of a grant with regard to
any expenditure mentioned in the annual financial statement and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated
Fund of India to meet such expenditure.
117. Special provisions as to financial Bills.- (1) A Bill or
amendment making provision for any of the matters specified in sub-clauses (a)
to (f) of clause (1) of article 110 shall not be introduced or moved except on
the recommendation of the President and a Bill making such provision shall not
be introduced in the Council of States:
Provided that no recommendation shall be required under this clause for the
moving of an amendment making provision for the reduction or abolition of any
tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the
matters aforesaid by reason only that it provides for the imposition of fines or
other pecuniary penalties, or for the demand or payment of fees for licences or
fees for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local authority
or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve
expenditure from the consolidated Fund of India shall not be passed by either
House of Parliament unless the President has recommended to that House the
consideration of the Bill.
Procedure Generally
118. Rules of procedure.- (1) Each House of Parliament may make rules
for regulations, subject to the provisions of this Constitution, its procedure
and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature of the Dominion of India shall have
effect in relation to Parliament subject to such modifications and adaptations
as may be made therein by the Chairman of the Council of States or the Speaker
of the House of the People, as the case may be.
(3) The President, after consultation with the Chairman of the Council of
States and the Speaker of the House of the People, may make rules as to the
procedure with respect to joint sittings of, and communications between, the two
Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of the
People, or in his absence such person as may be determined by rules of procedure
made under clause (3), shall preside.
119. Regulation by law of procedure in Parliament in relation to financial
business.- Parliament may, for the purpose of the timely completion of
financial business, regulate by law the procedure of, and the conduct of
business in, each House of Parliament in relation to any financial matter or to
any Bill for the appropriation of moneys out of the consolidated Fund of India,
and, if and so far as any provision of any law so made is inconsistent with any
rule made by a House of Parliament under clause (1) of Article 118 or with any
rule or standing order having effect in relation to Parliament under clause (2)
of that article, such provision shall prevail.
120. Language to be used in Parliament.- (1) Notwithstanding anything
in Part XVII, but subject to the Article 348, business in Parliament shall be
transacted in Hindi or in English: Provided that the Chairman of the Council of
States or Speaker of the House of the People, or Person acting as such, as the
Case may be, may permit any member who cannot adequately express himself in
Hindi or in English to address the House in his mother tongue.
(2) Unless Parliament by Law otherwise provides, this article shall, after
the expiration of a period of fifteen years from the commencement of this
Constitution, have effect as if the words "or in English" were omitted therefrom.
121. Restriction on discussion in Parliament.- No discussions shall
take place in Parliament with respect to the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties expect upon a motion for
presenting an address to the President praying for the removal of the Judge as
hereinafter provided.
122. Courts not to inquire into proceedings of Parliament.- (1) The
validity of any proceedings in Parliament shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under
this Constitution for regulating procedure or the conduct of business, or for
maintaining order, in Parliament shall be subject to the jurisdiction of any
court in respect of the exercise by him of those powers.
CHAPTER III LEGISLATIVE POWERS
OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of
Parliament.- (1) If at any time, except when both Houses of Parliament are
in session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such Ordinance as
the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and
effect as an Act of Parliament, but every such Ordinance-
(a) shall be laid before both House of Parliament and shall cease to operate at
the expiration of six weeks from the reassemble of Parliament, or, if before the
expiration of that period resolutions disapproving it are passed by both Houses,
upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President. Explanation.- Where the
Houses of Parliament are summoned to reassemble on different dates, the period
of six weeks shall be reckoned from the later of those dates for the purposes of
this clause.
(3) If and so far as an Ordinance under this article makes any provision which
Parliament would not under this Constitution be competent to enact, it shall be
void.
CHAPTER IV- THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.- (1) There shall
be a Supreme Court of India constituting of a Chief Justice of India and, until
Parliament by law prescribes a larger number, of not more than seven other
Judges.
(2) 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:
(a) a Judge may, by writing under his hand addressed to the President, resign
his office;
(b) a Judge may be removed rom his office in the manner provided in clause (4).
2A. The age of a Judge of the Supreme Court shall be determined by such
authority and in such manner as Parliament may by law provide.
(3) A person shall not be qualified for appointment as a Judge of the Supreme
Court unless he is a citizen of India and-
(a) has been for at least five years a Judge of a High Court or of two or more
such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or
more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I.- In this clause "High Court means a High Court which exercises,
or which at any time before the commencement of this Constitution exercised,
jurisdiction in any part of the territory of India.
Explanation II.- In computing for the purpose of this clause the period during
which a person has been an advocate, any period during which a person has held
judicial office not inferior to that of a district judge after he became an
advocate shall be included.
(4) A Judge of the Supreme Court shall not be removed from his office except by
an order of the President passed after an address by each House of Parliament
supported by a majority of the total membership of that House and by a majority
of not less than two-third of the members of the House present and voting has
been presented to the President in the same session for such removal on the
ground of proved misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of an
address and for the investigation and proof of the misbehaviour or incapacity of
a Judge under clause (4):
(6) Every person appointed to be a Judge of the Supreme Court shall, before he
enters upon his office, make and subscribe before the President, or some person
appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall plead or
act in any court or before any authority within the territory of India.
125. Salaries, etc., of Judges.- (1) There shall be paid to the Judges of
the Supreme Court such salaries as may be determined by Parliament by law and,
until provision in that behalf is so made, such salaries as are specified in the
Second Schedule.
(2) Every Judge shall be entitled to such privileges and allowances and to such
rights in respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so determined, to such
privileges, allowances and rights as are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge nor his
rights in respect of leave of absence or pension shall be varied to his
disadvantage after his appointment.
126. Appointment of acting Chief Justice.- When the office of Chief
Justice of India is vacant or when the Chief Justice is, by reason or absence or
otherwise, unable to perform the duties of his office, the duties of the office
shall be performed by such one of the other Judges of the Court as the President
may appoint for the purpose.
127. Appointment of ad-hoc Judges.- (1) If at any time there should not
be a quorum of the Judges of the Supreme Court available to hold or continue any
session of the Court, the Chief Justice of India may, with the previous consent
of the President and after consultation with the Chief Justice of the High Court
concerned, request in writing the attendance at the sittings of the Court, as an
ad hoc Judge, for such period as may be necessary, of a Judge of a High Court
duly qualified for appointment as a Judge of the Supreme Court to be designated
by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in priority to
other duties of his office, to attend the sittings of the Supreme Court at the
time and for the period for which his attendance is required, and while so
attending he shall have all the jurisdiction, powers and privileges, and shall
discharge the duties, of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme Court.-
Notwithstanding anything in this chapter, the Chief Justice of India may at any
time, with the previous consent of the president, request any person who has
held the office of a Judge of the Supreme Court or of the Federal Court or who
has held the office of a Judge of a High Court and is duly qualified for
appointment as a Judge of the Supreme Court to sit and act as a Judge of the
Supreme Court, and every such person so requested shall, while so sitting and
acting, be entitled to such allowances as the President may by order determine
and have all the jurisdiction, powers and privileges of, but shall not otherwise
be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any such person
as aforesaid to sit and act as a Judge of that Court unless he consents so to
do.
129.Supreme Court to be a court of record.- The Supreme Court shall be a
court of record and shall have all the powers of such a court including the
power to punish for contempt of itself.
130.Seat of Supreme Court.- The Supreme Court shall sit in Delhi or in
such other place or places, as the Chief Justice of India may, with the approval
of the President, from time to time, appoint.
131.Original jurisdiction of the Supreme Court.- Subject to the
provisions of this Constitution, the Supreme Court shall, to the exclusion of
any other court, have original jurisdiction in any dispute-
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one
or more other States on the other; or
(c) between two or more States, if and in so far as the dispute involves any
question (whether of law or fact) on which the existence or extent of a legal
right depends:
Provided that the said jurisdiction shall not extend to a dispute arising out of
any treaty, agreement, covenant, engagements, and or other similar instrument
which, having been entered into or executed before the commencement of this
Constitution, continues in operation after such commencement, or which provides
that the said jurisdiction shall not extend to such a dispute.
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases.- (1) An appeal shall lie to the Supreme Court from any
judgment, decree or final order of a High Court in the territory of India,
whether in a civil, criminal or other proceeding, if the High Court certifies
under Article 134A that the case involves a substantial question of law as t the
interpretation of this Constitution.
(2) Omitted.
(3) Where such a certificate is given, any party in the case may appeal to the
Supreme Court on the ground that any such question as aforesaid has been wrongly
decided.
Explanation.- For the purposes of this article, the expression "final order"
includes an order declaring an issue which, if decided in favour of the
appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in
regard to civil matters.- (1) An appeal shall lie to the Supreme Court from
any judgment, decree or final order in a civil proceeding of a High Court in the
territory of India if the High Court certifies under Article 134A-
(a) that the case involves a substantial question of law of general importance;
and
(b) that in the opinion of the High Court the said question needs to be decided
by the Supreme Court.
(2) Notwithstanding anything in Article 132, any party appealing to the Supreme
Court under clause (1) may urge as one of the grounds in such appeal that a
substantial question of law as to the interpretation of this Constitution has
been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament
by law otherwise provides, lie to the Supreme Court from the judgment, decree or
final order of one Judge of a High Court.
134. Appellate jurisdiction of Supreme Court in regard to criminal matters.-
(1) An appeal shall lie to the Supreme Court from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of India if
the High Court-has on appeal reversed an order of acquittal of an accused person
and sentenced him to death; or 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
certifies under Article 134A that the case is a fit one for appeal to the
Supreme Court:
Provided that an appeal under sub-clause shall lie subject to such provisions
as may be made in that behalf under clause (1) of Article 145 and to such
conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further powers to
entertain and hear appeals from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law.
134A. Certificate for appeal to the Supreme Court.- Every High Court,
passing or making a judgment, decree, final order, or sentence, referred to in
clause (1) of Article 132 or clause (1) of Article 133, or clause (1) of Article
134-
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party
aggrieved, immediately after the passing or making of such judgment, decree,
final order or sentence, determine, as soon as may be after such passing or
making, the question whether a certificate of the nature referred to in clause
(1) of Article 132, or clause (1) of Article 133 or, as the case may be,
sub-clause of clause (1) of Article 134, may be given in respect of that case.
135.Jurisdiction and |