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89 THE CONSTITUTION OF INDIA

PART IX
THE PANCHAYATS
243. Defi ni ti ons . In t hi s Part , unl ess t he cont ext ot herwi se requi res,
(a) district means a district in a State;
(b) Gram Sabha means a body consisting of persons registered in the electoral rolls
relating to a village comprised within the area of Panchayat at the village level;
(c) intermediate level means a level between the village and district levels specified
by the Governor of a State by public notification to be the intermediate level for the
purposes of this Part;
(d) Panchayat means an institution (by whatever name called) of self- government
constituted under article 243B, for the rural areas;
(e) Panchayat area means the territorial area of a Panchayat;
(f) Population means the population as ascertained at the last preceding census of
which the relevant figures have been published;
(g) village means a village specified by the Governor by public notification to be a
village for the purposes of this Part and includes a group of villages so specified.
243A. Gram Sabha. A Gram Sabha may exerci se such powers and
perform such funct i ons at t he vi l l age l evel as t he Legi sl at ure of a St at e
may, by l aw, provi de.
243B. Consti tuti on of Panchayats. (1) There shal l be const i t ut ed i n
ever y St at e, Panchayat s at t he vi l l age, i nt ermedi at e and di st ri ct l evel s i n
accordance wi t h t he provi si ons of t hi s Part .
(2) Not wi t hst andi ng anyt hi ng i n cl ause (1), Panchayat s at t he
i nt ermedi at e l evel may not be const i t ut ed i n a St at e havi ng a popul at i on
not exceedi ng t went y l akhs.
243C. Composi ti on of Panchayats . (1) Subj ect t o t he provi si ons of
t hi s Part , t he Legi sl at ure of a St at e may, by l aw, make pr ovi si ons wi t h
respect t o t he composi t i on of Panchayat s:
Provi ded t hat t he rat i o bet ween t he popul at i on of t he t erri t ori al area of a
Panchayat at any l evel and t he number of seat s i n such Panchayat t o be
fi l l ed by el ect i on shal l , so far as pract i cabl e, be t he same t hroughout t he
St at e.
(2) Al l t he seat s i n a Panchayat shal l be fi l l ed by persons chosen by
di rect el ect i on from t erri t ori al const i t uenci es i n t he Panchayat area and,
for t hi s purpose, each Panchayat area shal l be di vi ded i nt o t erri t ori al
const i t uenci es i n such manner t hat t he rat i o bet ween t he popul at i o n of each
const i t uency and t he number of seat s al l ot t ed t o i t shal l , so far as
pract i cabl e, be t he same t hroughout t he panchayat area.
(3) The Legi sl at ure of a St at e may, by l aw, provi de for t he
represent at i on

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(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the
intermediate level or, in the case of a State not having Panchayats at the intermediate
level, in the Panchayats at the district level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats
at the district level;
(c) of the members of the House of the People and the members of the Legislative
Assembly of the State representing constituencies which comprise wholly or partly a
Panchayat area at a level other than the village level, in such Panchayat;
(d) of the members of the Council of States and the members of the Legislative
Council of the State, where they are registered as electors within
(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate
level;
(ii) a Panchayat area at the district level, in Panchayat at the district level.
(4) The Chai rperson of a Panchayat and ot her members of a Panchayat
whet her or not chosen by di rect el ect i on fr om t erri t ori al const i t uenci es i n
t he Panchayat area shal l have t he ri ght t o vot e i n t he meet i ngs of t he
Panchayat s.
(5) The Chai rperson of
(a) a panchayat at the village level shall be elected in such manner as the Legislature
of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be elected by, and from
amongst, the elected members thereof.
243D. Reservati on of seats . (1) Seat s shal l be reserved for
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
i n every Panchayat and t he number of seat s so reserved shall b ear, as
nearl y as may be, t he same proport i on t o t he t ot al number of seat s t o be
fi l l ed by di rect el ect i on i n t hat Panchayat as t he popul at i on of t he
Schedul ed Cast es i n t hat Panchayat area or of t he Schedul ed Tri bes i n t hat
Panchayat area bears t o t he t ot al popul at i on of t hat area and such seat s
may be al l ot t ed by rot at i on t o di fferent const i t uenci es i n a Panchayat .
(2) Not l ess t han one-t hi rd of t he t ot al number of seat s reserved under
cl ause (1) shal l be reserved for women bel ongi ng t o t he Schedul ed Cast es
or, as t he case may be, t he Schedul ed Tri bes.
(3) Not l ess t han one-t hi rd (i ncl udi ng t he number of seat s reserved for
women bel ongi ng t o t he Schedul ed Cast es and t he Schedul ed Tri bes) of t he
t ot al number of seat s t o be fi l l ed by di rect el ect i on i n every Panchayat
shal l be reserved for women and such seat s may be al l ot t ed by rot at i on t o
di fferent const i t uenci es i n a Panchayat .
(4) The offi ces of t he Chai rpersons i n t he Panchayat s at t he vi l l age or
any ot her l evel shal l be reserved for t he Schedul ed Cast es, t he Schedul ed


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Tri bes and women i n such manner as t he Legi sl at ure of a St at e may, by
l aw, provi de:
Provi ded t hat t he number of offi ces of Chai rpersons reserved for t he
Schedul ed Cast es and t he Schedul ed Tri bes i n t he Panchayat s at each l evel
i n any St at e shal l bear, as near l y as may be, t he same proport i on t o t he
t ot al number of such offi ces i n t he Panchayat s at each l evel as t he
popul at i on of t he Schedul ed Cast es i n t he St at e or of t he Schedul ed Tri bes
i n t he St at e bears t o t he t ot al popul at i on of t h e St at e:
Provi ded furt her t hat not l ess t han one -t hi rd of t he t ot al number of
offi ces of Chai rpersons i n t he Panchayat s at each l evel shal l be reserved
for women:
Provi ded al so t hat t he number of offi ces reserved under t hi s cl ause shal l
be al l ot t ed by rot at i on t o di fferent Panchayat s at each l evel .
(5) The reservat i on of seat s under cl auses (1) and (2) and t he reservat i on
of offi ces of Chai rpersons (ot her t han t he reservat i on for women) under
cl ause (4) shal l cease t o have effect on t he expi rat i on of t he pe ri od
speci fi ed i n art i cl e 334.
(6) Not hi ng i n t hi s Part shal l prevent t he Legi sl at ure of a St at e from
maki ng any provi si on for reservat i on of seat s i n any Panchayat or offi ces
of Chai rpersons i n t he Panchayat s at any l evel i n favour of backward cl ass
of ci t i zens.
243E. Durati on of Panchayats, etc. (1) Every Panchayat , unl ess
sooner di ssol ved under any l aw for t he t i me bei ng i n force, shal l cont i nue
for fi ve years from t he dat e appoi nt ed for i t s fi rst meet i ng and no l onger.
(2) No amendment of any l aw for t he t i me bei ng i n force shal l have t he
effect of causi ng di ssol ut i on of a Panchayat at any l evel , whi ch i s
funct i oni ng i mmedi at el y before such amendment , t i l l t he expi rat i on of i t s
durat i on speci fi ed i n cl ause (1).
(3) An el ect i on t o const i t ut e a Panchayat shal l be compl et ed
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its dissolution:
Provi ded t hat where t he remai nder of t he peri od for whi ch t he di sso l ved
Panchayat woul d have cont i nued i s l ess t han si x mont hs, i t shal l not be
necessary t o hol d any el ect i on under t hi s cl ause for const i t ut i ng t he
Panchayat for such peri od.
(4) A Panchayat const i t ut ed upon t he di ssol ut i on of a Panchayat before
t he expi rat i on of i t s durat i on shal l cont i nue onl y for t he remai nder of t he
peri od for whi ch t he di ssol ved Panchayat woul d have cont i nued under
cl ause (1) had i t not been so di ssol ved.
243F. Di squal i f i cati ons f or membershi p. (1) A person shal l be
di squal i fi ed for bei ng chosen as, and for bei ng, a member of a Panchayat
(a) if he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned:


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Provided that no person shall be disqualified on the ground that he is less than twenty-five
years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any quest i on ari ses as t o whet her a member of a Pancha yat has
become subj ect t o any of t he di squal i fi cat i ons ment i oned i n cl ause (1), t he
quest i on shal l be referred for t he deci si on of such aut hori t y and i n such
manner as t he Legi sl at ure of a St at e may, by l aw, provi de.
243G. Powers, authori ty and responsi bi l i ti es of Panchayats . Subj ect
t o t he provi si ons of t hi s Const i t ut i on, t he Legi sl at ure of a St at e may, by
l aw, endow t he Panchayat s wi t h such powers and aut hori t y as may be
necessary t o enabl e t hem t o funct i on as i nst i t ut i ons of sel f -government and
such l aw may cont ai n provi si ons for t he devol ut i on of powers and
responsi bi l i t i es upon Panchayat s at t he appropri at e l evel , subj ect t o such
condi t i ons as may be speci fi ed t herei n, wi t h respect t o
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as
may be entrusted to them including those in relation to the matters listed in the Eleventh
Schedule.
243H. Powers to i mpose taxes by, and Funds of , the Panchayats. The
Legi sl at ure of a St at e may, by l aw,
(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and
fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated
Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Panchayats and also for the withdrawal of such
moneys therefrom,
as may be speci fi ed i n t he l aw.
243-I. Consti tuti on of Fi nance Commi ssi on to revi ew f i nanci al
posi ti on. (1) The Governor of a St at e shal l , as soon as may be wi t hi n one
year fr om t he commencement of t he Const i t ut i on (Sevent y-t hi rd
Amendment ) Act , 1992, and t hereaft er at t he expi rat i on of ever y fi ft h year,
const i t ut e a Fi nance Commi ssi on t o revi ew t he fi nanci al posi t i o n of t he
Panchayat s and t o make recommendat i ons t o t he Governor as t o
(a) the principles which should govern
(i) the distribution between the State and the Panchayats of the net proceeds of
the taxes, duties, tolls and fees leviable by the State, which may be divided between
them under this Part and the allocation between the Panchayats at all levels of their
respective shares of such proceeds;


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(ii) the determination of the taxes, duties, tolls and fees which may be assigned
to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the
State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the
interests of sound finance of the Panchayats.
(2) The Legi sl at ure of a St at e may, by l aw, provi de for t he composi t i on
of t he Commi ssi on, t he quali fi cat i ons whi ch shal l be requi si t e for
appoi nt ment as members t hereof and t he manner i n whi ch t hey shal l be
sel ect ed.
(3) The Commi ssi on shal l det ermi ne t hei r procedure and shal l have such
powers i n t he performance of t hei r funct i ons as t he Legi sl at ure of t he St at e
may, by l aw, confer on t hem.
(4) The Governor shal l cause ever y recommendat i on made by t he
Commi ssi on under t hi s art i cl e t oget her wi t h an expl anat ory memorandum
as t o t he act i on t aken t hereon t o be l ai d before t he Legi sl at ure of t he St at e.
243J. Audi t of accounts of Panchayats. The Legi sl at ure of a St at e
may, by l aw, make provi si ons wi t h respect t o t he mai nt ena nce of account s
by t he Panchayat s and t he audi t i ng of such account s.
243K. El ecti ons to the Panchayats . (1) The superi nt endence, di rect i on
and cont rol of t he preparat i on of el ect oral r ol l s for, and t he conduct of, al l
el ect i ons t o t he Panchayat s shal l be vest ed i n a St at e El ect i on Commi ssi on
consi st i ng of a St at e El ect i on Commi ssi oner t o be appoi nt ed by t he
Governor.
(2) Subj ect t o t he provi si ons of any l aw made by t he Legi sl at ure of a
St at e, t he condi t i ons of servi ce and t enure of offi ce of t he St at e El ect i on
Commi ssi oner shal l be such as t he Governor may by rul e det ermi ne:
Provi ded t hat t he St at e El ect i on Commi ssi oner shal l not be removed
fr om hi s offi ce except i n l i ke manner and on t he l i ke grounds as a Judge of
a Hi gh Court and t he condi t i ons of servi ce of t he St at e El ect i on
Commi ssi oner shal l not be vari ed t o hi s di sadvant age aft er hi s
appoi nt ment .
(3) The Governor of a St at e shal l , when so request ed by t he St at e
El ect i on Commi ssi on, make avai l abl e t o t he St at e El ect i on Commi ssi on
such st aff as may be necessary for t he di scharge of t he funct i ons conferred
on t he St at e El ect i on Commi ssi on by cl ause (1).
(4) Subj ect t o t he provi si ons of t hi s Const i t ut i on, t he Legi sl at ure of a
St at e may, by l aw, make provi si on wi t h respect t o al l mat t ers rel at i ng t o,
or i n connect i on wi t h, el ect i ons t o t he Panchayat s.
243L. Appl i cati on to Uni on t erri tori es . The provi si ons of t hi s Part
shal l appl y t o t he Uni on t erri t ori es and shal l , i n t hei r appl i cat i on t o a
Uni on t erri t ory, have effect as i f t he references t o t he Governor of a St at e


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were references t o t he Admi ni st rat or of t he Uni on t erri t ory appoi nt ed under
art i cl e 239 and references t o t he Legi sl at ure or t he l egi sl at i ve Assembl y of
a St at e were references, i n rel at i on t o a Uni on t erri t ory havi ng a
Legi sl at i ve Assembl y, t o t hat Legi sl at i ve Assembl y:
Provi ded t hat t he Presi dent may, by publ i c not i fi cat i on, di rect t hat t he
provi si ons of t hi s Part shal l appl y t o any Uni on t erri t ory or part t hereof
subj ect t o such except i ons and modi fi cat i ons as he may speci fy i n t he
not i fi cat i on.
243M. Part not to appl y to certai n areas. (1) Not hi ng i n t hi s Part
shal l appl y t o t he Schedul ed Areas referred t o i n cl ause (1), and t he t ri bal
areas referred t o i n cl ause (2), of art i cl e 244.
(2) Not hi ng i n t hi s Part shal l appl y t o
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the hill areas in the State of Manipur for which District Councils exist under any
law for the time being in force.
(3) Not hi ng i n t hi s Part
(a) relating to Panchayats at the district level shall apply to the hill areas of the
District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill
Council exists under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha
Hill Council constituted under such law.
(3A) Not hi ng i n art i cl e 243D, rel at i ng t o reservat i on of seat s for t he
Schedul ed Cast es, shal l appl y t o t he St at e of Arunachal Pradesh.
(4) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
(a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by law,
extend this part to that State, except the areas, if any, referred to in clause (1), if the
Legislative Assembly of that State passes a resolution to that effect by a majority of the
total membership of that House and by a majority of not less than two-thirds of the
members of that House present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas
and the tribal areas referred to in clause (1) subject to such exceptions and modifications
as may be specified in such law, and no such law shall be deemed to be an amendment of
this Constitution for the purposes of article 368.
243N. Conti nuance of exi sti ng l aws and Panchayats . Not wi t hst andi ng
anyt hi ng i n t hi s Part , any provi si on of any l aw rel at i ng t o Panchayat s i n
force i n a St at e i mmedi at el y before t he commencement of t he Const i t ut i on
(Sevent y-t hi rd Amendment ) Act , 1992, whi ch i s i nconsi st ent wi t h t he
provi si ons of t hi s Part , shal l cont i nue t o be i n force unt i l amended or
repeal ed by a compet ent Legi sl at ure or ot her compet ent aut hori t y or unt i l
t he expi rat i on of one year from such commencement , whi chever i s earl i er:
Provi ded t hat al l t he Panchayat s exi st i ng i mmedi at el y before such
commencement shal l cont i nue t i l l t he expi rat i on of t hei r durat i on, unl ess
sooner di ssol ved by a resol ut i on passed t o t hat effect by t he Legi sl at i ve


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Assembl y of t hat St at e or, i n t he case of a St at e havi ng a Legi sl at i ve
Counci l , by each House of t he Legi sl at ure of t hat St at e.
243-O. Bar to i nterf erence by courts i n el ectoral matters .
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
(a) the validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made under article
243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election
petition presented to such authority and in such manner as is provided for by or under any
law made by the Legislature of a State.















PART IXA















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PART IXA
THE MUNICIPALITIES
243P. Defi ni ti ons. In t hi s Part , unl ess t he cont ext ot herwi se
requi res,
(a) Commi t t ee means a Commi t t ee const i t ut ed under art i cl e 243S;
(b) di st ri ct means a di st ri ct i n a St at e;
(c) Met ropol i t an area means an area havi ng a popul at i on of t en
l akhs or more, compri sed i n one or more di st ri ct s and consi st i ng of t wo
or more Muni ci pal i t i es or Panchayat s or ot her cont i guous areas,
speci fi ed by t he Governor by publ i c not i fi cat i on t o be a Met ropol i t an
area for t he purposes of t hi s Part ;
(d) Muni ci pal area means t he t erri t ori al area of a Muni ci pal i t y as
i s not i fi ed by t he Governor;
(e) Muni ci pal i t y means an i nst i t ut i on of sel f -government
const i t ut ed under art i cl e 243Q;
(f ) Panchayat means a Panchayat const i t ut ed under art i cl e 243B;
(g) popul at i on means t he popul at i on as ascert ai ned at t he l ast
precedi ng census of whi ch t he rel evant fi gures h ave been publ i shed.
243Q. Consti tuti on of Muni ci pal i ti es. (1) There shal l be const i t ut ed
i n every St at e,
(a) a Nagar Panchayat (by what ever name cal l ed) for a t ransi t i onal
area, t hat i s t o say, an area i n t ransi t i on from a rural area t o an urban
area;
(b) a Muni ci pal Counci l for a smal l er urban area; and
(c) a Muni ci pal Corporat i on for a l arger urban area,
i n accordance wi t h t he provi si ons of t hi s Part :
Provi ded t hat a Muni ci pal i t y under t hi s cl ause may not be const i t ut ed i n
such urban area or part t hereof as t he Governor may, havi ng regard t o t he
si ze of t he area and t he muni ci pal servi ces bei ng provi ded or proposed t o
be provi ded by an i ndust ri al est abl i shment i n t hat area and such ot her
fact ors as he may deem fi t , by publ i c not i fi cat i on, speci fy t o be a n
i ndust ri al t ownshi p.
(2) In t hi s art i cl e, a t ransi t i onal area, a smal l er urban area or a
l arger urban area means such area as t he Governor may, havi ng regard t o
t he popul at i on of t he area, t he densi t y of t he popul at i on t herei n, t he
revenue generat ed for l ocal admi ni st rat i on, t he percent age of empl oyment
i n non-agri cul t ural act i vi t i es, t he economi c i mport ance or such ot her
fact ors as he may deem fi t , speci fy by publ i c not i fi cat i on for t he purposes
of t hi s Part .
243R. Composi ti on of Muni ci pal i ti es. (1) Save as provi ded i n cl ause
(2), al l t he seat s i n a Muni ci pal i t y shal l be fi l l ed by persons chosen by
di rect el ect i on from t he t erri t ori al const i t uenci es i n t he Muni ci pal area and
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for t hi s purpose each Muni ci pal area shal l be di vi ded i nt o t erri t ori a l
const i t uenci es t o be known as wards.
(2) The Legi sl at ure of a St at e may, by l aw, provi de
(a) for t he represent at i on i n a Muni ci pal i t y of
(i ) persons havi ng speci al knowl edge or experi ence i n
Muni ci pal admi ni st rat i on;
(i i ) t he members of t he House of t he Peopl e and t he members of
t he Legi sl at i ve Assembl y of t he St at e represent i ng const i t uenci es
whi ch compri se whol l y or part l y t he Muni ci pal area;
(i i i ) t he members of t he Counci l of St at es and t he members of
t he Legi sl at i ve Counci l of t he St at e regi st ered as el ect ors wi t hi n
t he Muni ci pal area;
(i v) t he Chai rpersons of t he Commi t t ees const i t ut ed under
cl ause (5) of art i cl e 243S:
Provi ded t hat t he persons referr ed t o i n paragraph ( i ) shal l not have t he
ri ght t o vot e i n t he meet i ngs of t he Muni ci pal i t y;
(b) t he manner of el ect i on of t he Chai rperson of a Muni ci pal i t y.
243S. Consti tuti on and composi ti on of Wards Commi ttees, etc. (1)
There shal l be const i t ut ed Wards Commi t t ees, consi st i ng of one or more
wards, wi t hi n t he t erri t ori al area of a Muni ci pal i t y havi ng a popul at i on of
t hree l akhs or more.
(2) The Legi sl at ure of a St at e may, by l aw, make provi si on wi t h respect
t o
(a) t he composi t i on and t he t erri t ori al area of a Wards Commi t t ee;
(b) t he manner i n whi ch t he seat s i n a Wards Commi t t ee shal l be
fi l l ed.
(3) A member of a Muni ci pal i t y represent i ng a ward wi t hi n t he
t erri t ori al area of t he Wards Commi t t ee shal l be a member of t hat
Commi t t ee.
(4) Where a Wards Commi t t ee consi st s of
(a) one ward, t he member represent i ng t hat ward i n t he
Muni ci pal i t y; or
(b) t wo or more wards, one of t he members represent i ng such wards
i n t he Muni ci pal i t y el ect ed by t he members of t he Wards Commi t t ee,
shal l be t he Chai rperson of t hat Commi t t ee.
(5) Not hi ng i n t hi s art i cl e shal l be deemed t o p revent t he Legi sl at ure of
a St at e from maki ng any provi s i on for t he const i t ut i on of Commi t t ees i n
addi t i on t o t he Wards Commi t t ees.
243T. Reservati on of seats. (1) Seat s shal l be reserved for t he
Schedul ed Cast es and t he Schedul ed Tri bes i n every Muni ci pal i t y and t he
number of seat s so reserved shal l bear, as nearl y as may be, t he same
proport i on t o t he t ot al number of seat s t o be fi l l ed by di rect el ect i on i n


98 THE CONSTITUTION OF INDIA


t hat Muni ci pal i t y as t he popul at i on of t he Schedul ed Cast es i n t he
Muni ci pal area or of t he Schedul ed Tri bes i n t he Muni ci pal area bears t o
t he t ot al popul at i on of t hat area and such seat s may be al l ot t ed by rot at i on
t o di fferent const i t uenci es i n a Muni ci pal i t y.
(2) Not l ess t han one-t hi rd of t he t ot al number of seat s reserved under
cl ause (1) shal l be reserved for women bel ongi ng t o t he Schedul ed Cast es
or, as t he case may be, t he Schedul ed Tri bes.
(3) Not l ess t han one-t hi rd (i ncl udi ng t he number of seat s reserved for
women bel ongi ng t o t he Schedul ed Cast es and t he Schedul ed Tri bes) of t he
t ot al number of seat s t o be fi l l ed by di rect el ect i on i n every Muni ci pal i t y
shal l be reserved for women and such seat s may be al l ot t ed by rot at i on t o
di fferent const i t uenci es i n a Muni ci pal i t y.
(4) The offi ces of Chai rpersons i n t he Muni ci pal i t i es shal l be reserved
for t he Schedul ed Cast es, t he Schedul ed Tri bes and women i n such manner
as t he Legi sl at ure of a St at e may, by l aw, provi de.
(5) The reservat i on of seat s under cl auses (1) and (2) and t he reservat i on
of offi ces of Chai rpersons (ot her t han t he reservat i on for women) under
cl ause (4) shal l cease t o have effect on t he expi rat i on of t he peri od
speci fi ed i n art i cl e 334.
(6) Not hi ng i n t hi s Part shal l prevent t he Legi sl at ure of a St at e from
maki ng any provi si on for reservat i on of seat s i n any Muni ci pal i t y or
offi ces of Chai rpersons i n t he Muni ci pal i t i es i n favour of backward cl ass
of ci t i zens.
243U. Durati on of Muni ci pal i ti es, etc. (1) Ever y Muni ci pal i t y, unl ess
sooner di ssol ved under any l aw for t he t i me bei ng i n force, shal l cont i nue
for fi ve years from t he dat e appoi nt ed for i t s fi rst meet i ng and no l onger:
Provi ded t hat a Muni ci pal i t y shal l be gi ven a reasonabl e oppor t uni t y of
bei ng heard before i t s di ssol ut i on.
(2) No amendment of any l aw for t he t i me bei ng i n force shal l have t he
effect of causi ng di ssol ut i on of a Muni ci pal i t y at any l evel , whi ch i s
funct i oni ng i mmedi at el y before such amendment , t i l l t he expi rat i on of i t s
durat i on speci fi ed i n cl ause (1).
(3) An el ect i on t o const i t ut e a Muni ci pal i t y shal l be compl et ed,
(a) before t he expi ry of i t s durat i on speci fi ed i n cl ause (1);
(b) before t he expi rat i on of a peri od of si x mont hs from t he dat e of
i t s di ssol ut i on:
Provi ded t hat where t he remai nder of t he peri od for whi ch t he di ssol ved
Muni ci pal i t y woul d have cont i nued i s l ess t han si x mont hs, i t shal l not be
necessary t o hol d any el ect i on under t hi s cl ause for const i t ut i ng t he
Muni ci pal i t y for such peri od.
(4) A Muni ci pal i t y const i t ut ed upon t he di ssol ut i on of a Muni ci pal i t y
before t he expi rat i on of i t s durat i on shal l cont i nue onl y for t he remai nder


99 THE CONSTITUTION OF INDIA


of t he peri od for whi ch t he di ssol ved Muni ci pal i t y woul d have cont i nued
under cl ause (1) had i t not been so di ssol ved.
243V. Di squal i f i cati ons f or membershi p. (1) A person shal l be
di squal i fi ed for bei ng chosen as, and f or bei ng, a member of a
Muni ci pal i t y
(a) i f he i s so di squal i fi ed by or under any l aw for t he t i me bei ng i n
force for t he purposes of el ect i ons t o t he Legi sl at ure of t he St at e
concerned:
Provi ded t hat no person shal l be di squal i fi ed on t he ground t hat he i s
l ess t han t went y-fi ve years of age, i f he has at t ai ned t he age of t went y-one
years;
(b) i f he i s so di squal i fi ed by or under any l aw made by t he
Legi sl at ure of t he St at e.
(2) If any quest i on ari ses as t o whet her a member of a Muni ci pal i t y has
become subj ect t o any of t he di squal i fi cat i ons ment i oned i n cl ause (1), t he
quest i on shal l be referred for t he deci si on of such aut hori t y and i n such
manner as t he Legi sl at ure of a St at e may, by l aw, provi de.
243W. Powers, authori ty and responsi bi l i ti es of Muni ci pal i ti es, etc.
Subj ect t o t he provi si ons of t hi s Const i t ut i on, t he Legi sl at ure of a St at e
may, by l aw, endow
(a) t he Muni ci pal i t i es wi t h such powers and aut hori t y as may be
necessary t o enabl e t hem t o funct i on as i nst i t ut i ons of sel f -government
and such l aw may cont ai n provi si ons for t he devol ut i on of powers and
responsi bi l i t i es upon Muni ci pal i t i es, subj ect t o such condi t i ons as may
be speci fi ed t herei n, wi t h respect t o
(i ) t he preparat i on of pl ans for economi c devel opment and
soci al j ust i ce;
(i i ) t he performance of funct i ons and t he i mpl ement at i on of
schemes as may be ent rust ed t o t hem i ncl udi ng t hose i n rel at i on t o
t he mat t ers l i st ed i n t he Twel ft h Schedul e;
(b) t he Commi t t ees wi t h such powers and aut hori t y as may be
necessary t o enabl e t hem t o carr y out t he responsi bi l i t i es conferred
upon t hem i ncl udi ng t hose i n rel at i on t o t he mat t ers l i st ed i n t he
Twel ft h Schedul e.
243X. Power to i mpose taxes by, and Funds of, the Muni ci pal i ti es.
The Legi sl at ure of a St at e may, by l aw,
(a) aut hori se a Muni ci pal i t y t o l evy, col l ect and appropri at e such
t axes, dut i es, t ol l s and fees i n accordance wi t h such procedure and
subj ect t o such l i mi t s;
(b) assi gn t o a Muni ci pal i t y such t axes, dut i es, t ol l s and fees l evi ed
and col l ect ed by t he St at e Government for such purposes and subj ect t o
such condi t i ons and l i mi t s;


100 THE CONSTITUTION OF INDIA


(c) provi de for maki ng such grant s -i n-ai d t o t he Muni ci pal i t i es fr om
t he Consol i dat ed Fund of t he St at e; and
(d) provi de for const i t ut i on of such Funds for credi t i ng al l moneys
recei ved, respect i vel y, by or on behal f of t he Muni ci pal i t i es and al so for
t he wi t hdrawal of such moneys t herefrom,
as may be speci fi ed i n t he l aw.
243Y. Fi nance Commi ssi on. (1) The Fi nance Commi ssi on const i t ut ed
under art i cl e 243-I shal l al so revi ew t he fi nanci al posi t i on of t he
Muni ci pal i t i es and make recommendat i ons t o t he Governor as t o
(a) t he pri nci pl es whi ch shoul d govern
(i ) t he di st ri but i on bet ween t he St at e and t he Muni ci pal i t i es of
t he net proceeds of t he t axes, dut i es, t ol l s and fees l evi abl e by t he
St at e, whi ch may be di vi ded bet ween t hem under t hi s Part and t he
al l ocat i on bet ween t he Muni ci pal i t i es at al l l evel s of t hei r
respect i ve shares of such proceeds;
(i i ) t he det ermi nat i on of t he t axes, dut i es, t ol l s and fees whi ch
may be assi gned t o, or appropri at ed by, t he Muni ci pal i t i es;
(i i i ) t he grant s -i n-ai d t o t he Muni ci pal i t i es from t he
Consol i dat ed Fund of t he St at e;
(b) t he measures needed t o i mprove t he fi nanci al posi t i on of t he
Muni ci pal i t i es;
(c) any ot her mat t er referred t o t he Fi nance Commi ssi on by t he
Governor i n t he i nt erest s of sound fi nance of t he Muni ci pal i t i es.
(2) The Governor shal l cause ever y recommendat i on made by t he
Commi ssi on under t hi s art i cl e t oget her wi t h an expl anat ory memorandum
as t o t he act i on t aken t hereon t o be l ai d before t he Legi sl at ure of t he St at e.
243Z. Audi t of accounts of Muni ci pal i ti es. The Legi sl at ure of a St at e
may, by l aw, make provi si ons wi t h respect t o t he mai nt enance of account s
by t he Muni ci pal i t i es and t he audi t i ng of such account s.
243ZA. El ecti ons to the Muni ci pal i ti es. (1) The superi nt endence,
di rect i on and cont rol of t he preparat i on of el ect oral r ol l s for, and t he
conduct of, al l el ect i ons t o t he Muni ci pal i t i es shal l be vest ed i n t he St at e
El ect i on Commi ssi on referred t o i n art i cl e 243K.
(2) Subj ect t o t he provi si ons of t hi s Const i t ut i on, t he Legi sl at ure of a
St at e may, by l aw, make provi si on wi t h respect t o al l mat t ers rel at i ng t o,
or i n connect i on wi t h, el ect i ons t o t he Muni ci pal i t i es.
243ZB. Appl i cati on to Uni on t erri tori es. The provi si ons of t hi s Part
shal l appl y t o t he Uni on t erri t ori es and shal l , i n t hei r appl i cat i on t o a
Uni on t erri t ory, have effect as i f t he references t o t he Governor of a St at e
were references t o t he Admi ni st rat or of t he Uni on t erri t ory appoi nt ed under
art i cl e 239 and references t o t he Legi sl at ure or t he Legi sl at i ve Assembl y
of a St at e were references i n rel at i on t o a Uni on t erri t ory havi ng a
Legi sl at i ve Assembl y, t o t hat Legi sl at i ve Assembl y:


101 THE CONSTITUTION OF INDIA


Provi ded t hat t he Presi dent may, by publ i c not i fi cat i on, di rect t hat t he
provi si ons of t hi s Part shal l appl y t o any Uni on t er ri t ory or part t hereof
subj ect t o such except i ons and modi fi cat i ons as he may speci fy i n t he
not i fi cat i on.
243ZC. Part not to appl y to certai n areas. (1) Not hi ng i n t hi s Part
shal l appl y t o t he Schedul ed Areas referred t o i n cl ause (1), and t he t ri bal
areas referred t o i n cl ause (2), of art i cl e 244.
(2) Not hi ng i n t hi s Part shal l be const rued t o affect t he funct i ons and
powers of t he Darj eel i ng Gorkha Hi l l Counci l const i t ut ed under any l aw
for t he t i me bei ng i n force for t he hi l l areas of t he di st ri ct of Da rj eel i ng i n
t he St at e of West Bengal .
(3) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, Parl i ament may, by
l aw, ext end t he provi si ons of t hi s Part t o t he Schedul ed Areas and t he
t ri bal areas referred t o i n cl ause (1) subj ect t o such except i ons and
modi fi cat i ons as may be speci fi ed i n such l aw, and no such l aw shal l be
deemed t o be an amendment of t hi s Const i t ut i on for t he purposes of art i cl e
368.
243ZD. Commi ttee f or di stri ct pl anni ng. (1) There shal l be
const i t ut ed i n every St at e at t he di st ri ct l evel a Di st ri ct Pl anni ng
Commi t t ee t o consol i dat e t he pl ans prepared by t he Panchayat s and t he
Muni ci pal i t i es i n t he di st ri ct and t o prepare a draft devel opment pl an for
t he di st ri ct as a whol e.
(2) The Legi sl at ure of a St at e may, by l aw, make provi si on wi t h respe ct
t o
(a) t he composi t i on of t he Di st ri ct Pl anni ng Commi t t ees;
(b) t he manner i n whi ch t he seat s i n such Commi t t ees shal l be fi l l ed:
Provi ded t hat not l ess t han four -fi ft hs of t he t ot al number of
members of such Commi t t ee shal l be el ect ed by, and f rom amongst , t he
el ect ed members of t he Panchayat at t he di st ri ct l evel and of t he
Muni ci pal i t i es i n t he di st ri ct i n proport i on t o t he rat i o bet ween t he
popul at i on of t he rural areas and of t he urban areas i n t he di st ri ct ;
(c) t he funct i ons rel at i ng t o di s t ri ct pl anni ng whi ch may be assi gned
t o such Commi t t ees;
(d) t he manner i n whi ch t he Chai rpersons of such Commi t t ees shal l
be chosen.
(3) Ever y Di st ri ct Pl anni ng Commi t t ee shal l , i n prepari ng t he draft
devel opment pl an,
(a) have regard t o
(i ) mat t ers of common i nt erest bet ween t he Panchayat s and t he
Muni ci pal i t i es i ncl udi ng spat i al pl anni ng, shari ng of wat er and
ot her physi cal and nat ural resources, t he i nt egrat ed devel opment of
i nfrast ruct ure and envi ronment al conservat i on;


102 THE CONSTITUTION OF INDIA


(i i ) t he ext ent and t ype of avai l abl e resources whet her fi nanci al
or ot herwi se;
(b) consul t such i nst i t ut i ons and organi sat i ons as t he Governor
may, by order, speci fy.
(4) The Chai rperson of ever y Di st ri ct Pl anni ng Commi t t ee shal l forward
t he devel opment pl an, as recommended by su ch Commi t t ee, t o t he
Government of t he St at e.
243ZE. Commi ttee f or Metropol i tan pl anni ng. (1) There shal l be
const i t ut ed i n every Met ropol i t an area a Met ropol i t an Pl anni ng Commi t t ee
t o prepare a draft devel opment pl an for t he Met ropol i t an area as a whol e.
(2) The Legi sl at ure of a St at e may, by l aw, make provi si on wi t h respect
t o
(a) t he composi t i on of t he Met ropol i t an Pl anni ng Commi t t ees;
(b) t he manner i n whi ch t he seat s i n such Commi t t ees shal l be fi l l ed:
Provi ded t hat not l ess t han t wo-t hi rds of t he members of such Commi t t ee
shal l be el ect ed by, and from amongst , t he el ect ed members of t he
Muni ci pal i t i es and Chai rpersons of t he Panchayat s i n t he Met ropol i t an area
i n proport i on t o t he rat i o bet ween t he popul at i on of t he Muni ci pal i t i es and
of t he Panchayat s i n t hat area;
(c) t he represent at i on i n such Commi t t ees of t he Government of
Indi a and t he Government of t he St at e and of such organi sat i ons and
Inst i t ut i ons as may be deemed necessary for carr yi ng out t he funct i ons
assi gned t o such Commi t t ees;
(d) t he funct i ons rel at i ng t o pl anni ng and coordi nat i on for t he
Met ropol i t an area whi ch may be assi gned t o such Commi t t ees;
(e) t he manner i n whi ch t he Chai rpersons of such Commi t t ees shal l
be chosen.
(3) Ever y Met ropol i t an Pl anni ng Commi t t ee shal l , i n prepari n g t he draft
devel opment pl an,
(a) have regard t o
(i ) t he pl ans prepared by t he Muni ci pal i t i es and t he Panchayat s
i n t he Met ropol i t an area;
(i i ) mat t ers of common i nt erest bet ween t he Muni ci pal i t i es and
t he Panchayat s, i ncl udi ng co-ordi nat ed spat i al pl anni ng of t he
area, shari ng of wat er and ot her physi cal and nat ural resources, t he
i nt egrat ed devel opment of i nfrast ruct ure and envi ronment al
conservat i on;
(i i i ) t he overal l obj ect i ves and pri ori t i es set by t he
Government of Indi a and t he Government of t he St at e;
(i v) t he ext ent and nat ure of i nvest ment s l i kel y t o be made i n
t he Met ropol i t an area by agenci es of t he Government of Indi a and


103 THE CONSTITUTION OF INDIA


of t he Government of t he St at e and ot her avai l abl e resources
whet her fi nanci al or ot herwi se;
(b) consul t such i nst i t ut i ons and organi sat i ons as t he Governor
may, by order, speci fy.
(4) The Chai rperson of ever y Met ropol i t an Pl anni ng Commi t t ee shal l
forward t he devel opment pl an, as recommended by such Commi t t ee, t o t he
Government of t he St at e.
243ZF. Conti nuance of exi sti ng l aws and Muni ci pal i ti es.
Not wi t hst andi ng anyt hi ng i n t hi s Part , any pr ovi si on of any l aw rel at i ng t o
Muni ci pal i t i es i n force i n a St at e i mmedi at el y before t he commencement of
t he Const i t ut i on (Sevent y-fourt h Amendment ) Act , 1992, whi ch i s
i nconsi st ent wi t h t he provi si ons of t hi s Part , shal l cont i nue t o be i n force
unt i l amended or repeal ed by a compet ent Legi sl at ure or ot her compet ent
aut hori t y or unt i l t he expi rat i on of one year from such commencement ,
whi chever i s earl i er:
Provi ded t hat al l t he Muni ci pal i t i es exi st i ng i mmedi at el y before such
commencement shal l cont i nue t i l l t he expi rat i on of t hei r durat i on, unl ess
sooner di ssol ved by a resol ut i on passed t o t hat effect by t he Legi sl at i ve
Assembl y of t hat St at e or, i n t he case of a St at e havi ng a Le gi sl at i ve
Counci l , by each House of t he Legi sl at ure of t hat St at e.
243ZG. Bar to i nterf erence by courts i n el ectoral matters.
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
(a) t he val i di t y of any l aw rel at i ng t o t he del i mi t at i on of
const i t uenci es or t he al l ot ment of seat s t o such const i t uenci es, made or
purport i ng t o be made under art i cl e 243ZA shal l not be cal l ed i n
quest i on i n any court ;
(b) no el ect i on t o any Muni ci pal i t y shal l be cal l ed i n quest i on
except by an el ect i on pet i t i on present ed t o such aut hori t y and i n such
manner as i s provi ded for by or under any l aw made by t he Legi sl at ure
of a St at e.












104 THE CONSTITUTION OF INDIA


PART X
THE SCHEDULED AND TRIBAL AREAS
244. Admi ni strati on of Schedul ed Areas and tri bal areas. (1) The
provi si ons of t he Fi ft h Schedul e shal l appl y t o t he admi ni st rat i on and
cont rol of t he Schedul ed Areas and Schedul ed Tri bes i n any St at e ot her
t han t he St at es of Assam, Meghal aya, Tri pura and Mi zoram.
(2) The provi si ons of t he Si xt h Schedul e shal l appl y t o t he
admi ni st rat i on of t he t ri bal areas i n t he St at es of Assam, Meghal aya,
Tri pura and Mi zoram.
244A. Formati on of an autonomous State compri si ng certai n tri bal
areas i n Assam and creati on of l ocal Legi sl ature or Counci l of
Mi ni sters or both theref or. (1) Not wi t hst andi ng anyt hi ng i n t hi s
Const i t ut i on, Parl i ament may, by l aw, form wi t hi n t he St at e of Assam an
aut onomous St at e compri si ng (whet her whol l y or i n part ) al l or any of t he
t ri bal areas speci fi ed i n Part I of t he t abl e appended t o paragraph 20 of t he
Si xt h Schedul e and creat e t her efor
(a) a body, whet her el ect ed or part l y nomi nat ed and part l y el ect ed,
t o funct i on as a Legi sl at ure for t he aut onomous St at e, or
(b) a Counci l of Mi ni st ers,
or bot h wi t h such const i t ut i on, powers and funct i ons, i n each case, as may
be speci fi ed i n t he l aw.
(2) Any such l aw as i s referred t o i n cl ause (1) may, i n part i cul ar,
(a) speci fy t he mat t ers enumerat ed i n t he St at e Li st or t he
Concurrent Li st wi t h respect t o whi ch t he Legi sl at ure of t he aut onomous
St at e shal l have power t o make l aws for t he wh ol e or any part t hereof,
whet her t o t he excl usi on of t he Legi sl at ure of t he St at e of Assam or
ot herwi se;
(b) defi ne t he mat t ers wi t h respect t o whi ch t he execut i ve power of
t he aut onomous St at e shal l ext end;
(c) provi de t hat any t ax l evi ed by t he St at e of Assam shal l be
assi gned t o t he aut onomous St at e i n so far as t he proceeds t hereof are
at t ri but abl e t o t he aut onomous St at e;
(d) provi de t hat any reference t o a St at e i n any art i cl e of t hi s
Const i t ut i on shal l be const rued as i ncl udi ng a reference t o t he
aut onomous St at e; and
(e) make such suppl ement al , i nci dent al and consequent i al
provi si ons as may be deemed necessary.
(3) An amendment of any such l aw as aforesai d i n so far as such
amendment rel at es t o any of t he mat t ers speci fi ed i n sub -cl ause ( a) or
sub-cl ause ( b) of cl ause (2) shal l have no effect unl ess t he amendment i s
passed i n each House of Par l i ament by not l ess t han t wo-t hi rds of t he
members present and vot i ng.
104



105 THE CONSTITUTION OF INDIA


(4) Any such l aw as i s referred t o i n t hi s art i cl e shal l not be deemed t o
be an amendment of t hi s Const i t ut i on for t he purposes of art i cl e 368
not wi t hst andi ng t hat i t cont ai ns any provi si on whi ch amends or has t he
effect of amendi ng t hi s Const i t ut i on.



































106 THE CONSTITUTION OF INDIA


PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I. LEGI SLATI VE RELATI ONS
Di st ri but i on of Legi sl at i ve Powers
245. Extent of l aws made by Parl i ament and by the Legi sl atures of
States. (1) Subj ect t o t he provi si ons of t hi s Const i t ut i on, Parl i ament may
make l aws for t he whol e or any par t of t he t erri t or y of Indi a, and t he
Legi sl at ure of a St at e may make l aws for t he whol e or any part of t he
St at e.
(2) No l aw made by Par l i ament shal l be deemed t o be i nval i d on t he
ground t hat i t woul d have ext ra-t erri t ori al operat i on.
246. Subject -matter of l aws made by Parl i ament and by the
Legi sl atures of States. (1) Not wi t hst andi ng anyt hi ng i n cl auses (2) and
(3), Parl i ament has excl usi ve power t o make l aws wi t h respect t o any of
t he mat t ers enumerat ed i n Li st I i n t he Sevent h Sche dule (i n t hi s
Const i t ut i on referred t o as t he Uni on Li st ).
(2) Not wi t hst andi ng anyt hi ng i n cl ause (3), Parl i ament , and, subj ect t o
cl ause (1), t he Legi sl at ure of any St at e al so, have power t o make l aws wi t h
respect t o any of t he mat t ers enumerat ed i n Li st III i n t he Sevent h
Schedul e (i n t hi s Const i t ut i on referred t o as t he Concurrent Li st ).
(3) Subj ect t o cl auses (1) and (2), t he Legi sl at ure of any St at e has
excl usi ve power t o make l aws for such St at e or any part t hereof wi t h
respect t o any of t he mat t ers enumerat ed i n Li st II i n t he Sevent h Schedul e
(i n t hi s Const i t ut i on referred t o as t he St at e Li st ' ).
(4) Parl i ament has power t o make l aws wi t h respect t o any mat t er for
any part of t he t erri t or y of Indi a not i ncl uded i n a St at e not wi t hst andi ng
t hat such mat t er i s a mat t er enumerat ed i n t he St at e Li st .
247. Power of Parl i ament to provi de f or the establ i shment of certai n
addi ti onal courts. Not wi t hst andi ng anyt hi ng i n t hi s Chapt er, Parl i ament
may by l aw provi de for t he est abl i shment of any addi t i ona l court s for t he
bet t er admi ni st rat i on of l aws made by Parl i ament or of any exi st i ng l aws
wi t h respect t o a mat t er enumerat ed i n t he Uni on Li st .
248. Resi duary powers of l egi sl ati on. (1) Parl i ament has excl usi ve
power t o make any l aw wi t h respect t o any ma t t er not enumerat ed i n t he
Concurrent Li st or St at e Li st .
(2) Such power shal l i ncl ude t he power of maki ng any l aw i mposi ng a
t ax not ment i oned i n ei t her of t hose Li st s.
249. Power of Parl i ament to l egi sl ate wi th respect to a matter i n the
State Li st i n the nati onal i nterest. (1) Not wi t hst andi ng anyt hi ng i n t he
foregoi ng provi si ons of t hi s Chapt er, i f t he Counci l of St at es has decl ared
by resol ut i on support ed by not l ess t han t wo-t hi rds of t he members present
and vot i ng t hat i t i s necessary or expedi ent i n t he nat i onal i nt erest t hat

106


107 THE CONSTITUTION OF INDIA


Parl i ament shoul d make l aws wi t h respect t o any mat t er enumerat ed i n t he
St at e Li st speci fi ed i n t he resol ut i on, i t shal l be l awful for Parl i ament t o
make l aws for t he whol e or any part of t he t erri t ory of Indi a wi t h respe ct t o
t hat mat t er whi l e t he resol ut i on remai ns i n force.
(2) A resol ut i on passed under cl ause (1) shal l remai n i n force for such
peri od not exceedi ng one year as may be speci fi ed t herei n:
Provi ded t hat , i f and so oft en as a resol ut i on approvi ng t he cont i nu ance
i n force of any such resol ut i on i s passed i n t he manner provi ded i n cl ause
(1), such resol ut i on shal l cont i nue i n force for a furt her peri od of one year
fr om t he dat e on whi ch under t hi s cl ause i t woul d ot herwi se have ceased t o
be i n force.
(3) A l aw made by Par l i ament whi ch Parl i ament woul d not but for t he
passi ng of a resol ut i on under cl ause (1) have been compet ent t o make
shal l , t o t he ext ent of t he i ncompet ency, cease t o have effect on t he
expi rat i on of a peri od of si x mont hs aft er t he resol ut i on h as ceased t o be i n
force, except as respect s t hi ngs done or omi t t ed t o be done before t he
expi rat i on of t he sai d peri od.
250. Power of Parl i ament to l egi sl ate wi th respect to any matter i n
the State Li st i f a Procl amati on of Emergency i s i n operati on. (1)
Not wi t hst andi ng anyt hi ng i n t hi s Chapt er, Parl i ament shal l , whi l e a
Procl amat i on of Emergency i s i n operat i on, have power t o make l aws for
t he whol e or any part of t he t erri t ory of Indi a wi t h respect t o any of t he
mat t ers enumerat ed i n t he St at e Li st .
(2) A l aw made by Par l i ament whi ch Parl i ament woul d not but for t he
i ssue of a Procl amat i on of Emer gency have been compet ent t o make shal l ,
t o t he ext ent of t he i ncompet ency, cease t o have effect on t he expi rat i on of
a peri od of si x mont hs aft er t he Procl amat i on has ceased t o operat e, except
as respect s t hi ngs done or omi t t ed t o be done before t he expi rat i on of t he
sai d peri od.
251. Inconsi stency between l aws made by Parl i ament under arti cl es
249 and 250 and l aws made by the Legi sl atures of States. Not hi ng i n
art i cl es 249 and 250 shal l rest ri ct t he power of t he Legi sl at ure of a St at e t o
make any l aw whi ch under t hi s Const i t ut i on i t has power t o make, but i f
any provi si on of a l aw made by t he Legi sl at ure of a St at e i s repugnant t o
any provi si on of a l aw made by Parl i ament whi ch Parl i ament has under
ei t her of t he sai d art i cl es power t o make, t he l aw made by Parl i ament ,
whet her passed before or aft er t he l aw made by t he Legi sl at ure of t he
St at e, shal l prevai l , and t he l aw made by t he Legi sl at ure of t he St at e shal l
t o t he ext ent of t he repugnancy, but so l ong onl y as t he l aw made by
Parl i ament cont i nues t o have effect , be i noperat i ve.
252. Power of Parl i ament to l egi sl ate f or two or more States by
consent and adopti on of such l egi sl ati on by any other State. (1) If i t
appears t o t he Legi sl at ures of t wo or more St at es t o be desi rabl e t hat any
of t he mat t ers wi t h respect t o whi ch Parl i ament has no power t o make l aws
for t he St at es except as provi ded i n art i cl es 249 and 250 shoul d be


108 THE CONSTITUTION OF INDIA


regul at ed i n such St at es by Par l i ament by l aw, and i f resol ut i ons t o t hat
effect are passed by al l t he Houses of t he Legi sl at ures of t hos e St at es, i t
shal l be l awful for Parl i ament t o pass an act for regul at i ng t hat mat t er
accordi ngl y, and any Act so passed shal l appl y t o such St at es and t o any
ot her St at e by whi ch i t i s adopt ed aft erwards by resol ut i on passed i n t hat
behal f by t he House or, where t here are t wo Houses, by each of t he Houses
of t he Legi sl at ure of t hat St at e.
(2) Any Act so passed by Parl i ament may be amended or repeal ed by an
Act of Par l i ament passed or adopt ed i n l i ke manner but shal l not , as
respect s any St at e t o whi ch i t appl i es, be amended or repeal ed by an Act of
t he Legi sl at ure of t hat St at e.
253. Legi sl ati on f or gi vi ng eff ect to i nternati onal agreements.
Not wi t hst andi ng anyt hi ng i n t he foregoi ng provi si ons of t hi s Chapt er,
Parl i ament has power t o make any l aw for t he whol e or any part of t he
t erri t ory of Indi a for i mpl ement i ng any t reat y, agreement or convent i on
wi t h any ot her count ry or count ri es or any deci si on made at any
i nt ernat i onal conference, associ at i on or ot her body.
254. Inconsi stency between l aws made by Parl i ament and l aws made
by the Legi sl atures of States. (1) If any provi si on of a l aw made by t he
Legi sl at ure of a St at e i s repugnant t o any provi si on of a l aw ma de by
Parl i ament whi ch Parl i ament i s compet ent t o enact , or t o any provi si on of
an exi st i ng l aw wi t h respect t o one of t he mat t ers enumerat ed i n t he
Concurrent Li st , t hen, subj ect t o t he provi si ons of cl ause (2), t he l aw made
by Parl i ament , whet her passed before or aft er t he l aw made by t he
Legi sl at ure of such St at e, or, as t he case may be, t he exi st i ng l aw, shal l
prevai l and t he l aw made by t he Legi sl at ure of t he St at e shal l , t o t he ext ent
of t he repugnancy, be voi d.
(2) Where a l aw made by t he Legi sl at ure of a St at e wi t h respect t o one
of t he mat t ers enumerat ed i n t he Concurrent Li st cont ai ns any provi si on
repugnant t o t he provi si ons of an earl i er l aw made by Par l i ament or an
exi st i ng l aw wi t h respect t o t hat mat t er, t hen, t he l aw so made by t he
Legi sl at ur e of such St at e shal l , i f i t has been reserved for t he consi derat i on
of t he Presi dent and has recei ved hi s assent , prevai l i n t hat St at e:
Provi ded t hat not hi ng i n t hi s cl ause shal l prevent Parl i ament from
enact i ng at any t i me any l aw wi t h respect t o t he sa me mat t er i ncl udi ng a
l aw addi ng t o, amendi ng, var yi ng or repeal i ng t he l aw so made by t he
Legi sl at ure of t he St at e.
255. Requi rements as to recommendati ons and previ ous sancti ons to
be regarded as matters of procedure onl y. No Act of Par l i ament or of
t he Legi sl at ure of a St at e, and no provi si on i n any such Act , shal l be
i nval i d by reason onl y t hat some recommendat i on or previ ous sanct i on
requi red by t hi s Const i t ut i on was not gi ven, i f assent t o t hat Act was
gi ven
(a) where t he recommendat i on requi red was t hat of t he Governor,
ei t her by t he Governor or by t he Presi dent ;


109 THE CONSTITUTION OF INDIA


(b) where t he recommendat i on requi red was t hat of t he Raj pramukh,
ei t her by t he Raj pramukh or by t he Presi dent ;
(c) where t he recommendat i on or previ ous sanct i on requi red was
t hat of t he Presi dent , by t he Presi dent .
CHAPTER II. ADMI NI STRATI VE RELATI ONS
General
256. Obl i gati on of States and the Uni on. The execut i ve power of
ever y St at e shal l be so exerci sed as t o ensure compl i ance wi t h t he l aws
made by Par l i ament and any exi st i ng l aws whi ch appl y i n t hat St at e, and
t he execut i ve power of t he Uni on shal l ext end t o t he gi vi ng of such
di rect i ons t o a St at e as may appear t o t he Government of Indi a t o be
necessary for t hat purpose.
257. Control of the Uni on over States i n certai n cases. (1) The
execut i ve power of ever y St at e shal l be so exerci sed as not t o i mpede or
prej udi ce t he exerci se of t he execut i ve power of t he Uni on, and t he
execut i ve power of t he Uni on shal l ext end t o t he gi vi ng of such di rect i ons
t o a St at e as may appear t o t he Government of Indi a t o be necessary for
t hat purpose.
(2) The execut i ve power of t he Uni on shal l al so ext end t o t he gi vi ng of
di rect i ons t o a St at e as t o t he const ruct i on and mai nt enance of means of
communi cat i on decl ared i n t he di rect i on t o be of nat i onal or mi l i t a ry
i mport ance:
Provi ded t hat not hi ng i n t hi s cl ause shal l be t aken as rest ri ct i ng t he
power of Parl i ament t o decl are hi ghways or wat erways t o be nat i onal
hi ghways or nat i onal wat erways or t he power of t he Uni on wi t h respect t o
t he hi ghways or wat erways so decl ared or t he power of t he Uni on t o
const ruct and mai nt ai n means of communi cat i on as part of i t s funct i ons
wi t h respect t o naval , mi l i t ary and ai r force works.
(3) The execut i ve power of t he Uni on shal l al so ext end t o t he gi vi ng of
di rect i ons t o a St at e as t o t he measures t o be t aken for t he prot ect i on of t he
rai l ways wi t hi n t he St at e.
(4) Where i n carr yi ng out any di rect i on gi ven t o a St at e under cl ause (2)
as t o t he const ruct i on or mai nt enance of any means of communi cat i on or
under cl ause (3) as t o t he measures t o be t aken for t he prot ect i on of any
rai l way, cost s have been i ncurred i n excess of t hose whi ch woul d have
been i ncurred i n t he di scharge of t he normal dut i es of t he St at e i f such
di rect i on had not been gi ven, t here shal l be pai d by t he Governmen t of
Indi a t o t he St at e such sum as may be agreed, or, i n defaul t of agreement ,
as may be det ermi ned by an ar bi t rat or appoi nt ed by t he Chi ef Just i ce of
Indi a, i n respect of t he ext ra cost s so i ncurred by t he St at e.
257A. [Assi st ance t o St at es by depl oyment of armed f orces or ot her
f orces of t he Uni on. ] Rep. by t he Const i t ut i on (Fort y-f ourt h Amendment )
Act , 1978, s. 33 ( w. e. f . 20-6-1979).


110 THE CONSTITUTION OF INDIA


258. Power of the Uni on to conf er powers, etc. , on States i n certai n
cases. (1) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Presi dent
may, wi t h t he consent of t he Government of a St at e, ent rust ei t her
condi t i onal l y or uncondi t i onal l y t o t hat Government or t o i t s offi cers
funct i ons i n rel at i on t o any mat t er t o whi ch t he execut i ve power of t he
Uni on ext ends.
(2) A l aw made by Parl i ament whi ch appl i es i n any St at e may,
not wi t hst andi ng t hat i t rel at es t o a mat t er wi t h respect t o whi ch t he
Legi sl at ure of t he St at e has no power t o make l aws, confer powers and
i mpose dut i es, or aut hori se t he conferri ng of powers and t he i mpos i t i on of
dut i es, upon t he St at e or offi cers and aut hori t i es t hereof.
(3) Where by vi rt ue of t hi s art i cl e powers and dut i es have been
conferred or i mposed upon a St at e or offi cers or aut hori t i es t hereof, t here
shal l be pai d by t he Government of Indi a t o t he St at e such sum as may be
agreed, or, i n defaul t of agreement , as may be det ermi ned by an arbi t rat or
appoi nt ed by t he Chi ef Just i ce of Indi a, i n respect of any ext ra cost s of
admi ni st rat i on i ncurred by t he St at e i n connect i on wi t h t he exerci se of
t hose powers and dut i es.
258A. Power of the States to entrust f uncti ons to the Uni on.
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Governor of a St at e
may, wi t h t he consent of t he Government of Indi a, ent rust ei t her
condi t i onal l y or uncondi t i onal l y t o t hat Government or t o i t s offi cers
funct i ons i n rel at i on t o any mat t er t o whi ch t he execut i ve power of t he
St at e ext ends.
259. [Armed Forces i n St at es i n Part B of t he Fi rst Schedul e. ] Rep. by
t he Const i t ut i on (Sevent h Amendment ) Act , 1956, s. 29 and Sch.
260. Juri sdi cti on of the Uni on i n rel ati on to terri tori es outsi de
Indi a. The Government of Indi a may by agreement wi t h t he Government
of any t erri t or y not bei ng part of t he t erri t ory of Indi a undert ake any
execut i ve, l egi sl at i ve or j udi ci al funct i ons vest ed i n t he Government of
such t erri t ory, but ever y such agreement shal l be subj ect t o, and governed
by, any l aw rel at i ng t o t he exerci se of forei gn j uri sdi ct i on for t he t i me
bei ng i n force.
261. Publ i c acts, records and judi ci al proceedi ngs. (1) Ful l fai t h and
credi t shal l be gi ven t hroughout t he t erri t ory of Indi a t o publ i c act s,
records and j udi ci al proceedi ngs of t he Uni on and of ever y St at e.
(2) The manner i n whi ch and t he condi t i ons under whi ch t he act s,
records and proceedi ngs referred t o i n cl ause (1) shal l be proved and t he
effect t hereof det ermi ned shal l be as provi ded by l aw made by Parl i ament .
(3) Fi nal j udgment s or orders del i vered or passed by ci vi l court s i n any
part of t he t erri t ory of Indi a shal l be capabl e of execut i on anywhere wi t hi n
t hat t erri t or y accordi ng t o l aw.



111 THE CONSTITUTION OF INDIA


Di sput es rel at i ng t o Wat ers
262. Adjudi cati on of di sputes rel ati ng to waters of i nter -State ri vers
or ri ver val l eys. (1) Parl i ament may by l aw provi de for t he adj udi cat i on
of any di sput e or compl ai nt wi t h respect t o t he use, di st ri but i on or cont rol
of t he wat ers of, or i n, any i nt er -St at e ri ver or ri ver val l ey.
(2) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, Parl i ament may be
l aw provi de t hat nei t her t he Supreme Court nor any ot her court shal l
exerci se j uri sdi ct i on i n respect of any such di sput e or compl ai nt as i s
referred t o i n cl ause (1).
Co-ordi nat i on bet ween St at es
263. Provi si ons wi th respect to an i nter -State Counci l . If at any t i me
i t appears t o t he Presi dent t hat t he publ i c i nt erest s woul d be served by t he
est abl i shment of a Counci l charged wi t h t he dut y of
(a) i nqui ri ng i nt o and advi si ng upon di sput es whi ch may have ari sen
bet ween St at es;
(b) i nvest i gat i ng and di scussi ng subj ect s i n whi ch some or al l of t he
St at es, or t he Uni on and one or more of t he St at es, have a common
i nt erest ; or
(c) maki ng recommendat i ons upon any such subj ect and, i n
part i cul ar, recommendat i ons for t he bet t er co-ordi nat i on of pol i cy and
act i on wi t h respect t o t hat subj ect ,
i t shal l be l awful for t he Presi dent by order t o est abl i sh such a Counci l ,
and t o defi ne t he nat ure of t he dut i es t o be performed by i t and i t s
organi sat i on and procedure.

















112 THE CONSTITUTION OF INDIA


PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I. FI NANCE
General
264. Interpretati on. In t hi s Part , Fi nance Commi ssi on means a
Fi nance Commi ssi on const i t ut ed under art i cl e 280.
265. Taxes not to be i mposed save by authori ty of l aw. No t ax shal l
be l evi ed or col l ect ed except by aut hori t y of l aw.
266. Consol i dated Funds and publ i c accounts of Indi a and of the
States. (1) Subj ect t o t he provi si ons of art i cl e 267 and t o t he provi si ons
of t hi s Chapt er wi t h respect t o t he assi gnment of t he whol e or part of t he
net proceeds of cert ai n t axes and dut i es t o St at es, al l revenues recei ved by
t he Government of Indi a, al l l oans rai sed by t hat Government by t he i ssue
of t reasury bi l l s, l oans or ways and means advances and al l moneys
recei ved by t hat Government i n repayment of l oans shal l form one
consol i dat ed fund t o be ent i t l ed t he Consol i dat ed Fund of Indi a, and al l
revenues recei ved by t he Gover nment of a St at e, al l l oans rai sed by t hat
Government by t he i ssue of t reasury bi l l s, l oans or ways and means
advances and al l moneys recei ved by t hat Government i n repayment of
l oans shal l form one consol i dat ed fund t o be ent i t l ed t he Consol i dat ed
Fund of t he St at e.
(2) Al l ot her publ i c moneys recei ved by or on behal f of t he Government
of Indi a or t he Government of a St at e shal l be credi t ed t o t he publ i c
account of Indi a or t he publ i c account of t he St at e, as t he case may be.
(3) No moneys out of t he Consol i dat ed Fund of Indi a or t he
Consol i dat ed Fund of a St at e shal l be appropri at ed except i n accordance
wi t h l aw and for t he purposes and i n t he manner provi ded i n t hi s
Const i t ut i on.
267. Conti ngency Fund. (1) Parl i ament may by l aw est abl i sh a
Cont i ngency Fund i n t he nat ure of an i mprest t o be ent i t l ed t he
Cont i ngency Fund of Indi a i nt o whi ch shal l be pai d from t i me t o t i me
such sums as may be det ermi ned by such l aw, and t he sai d Fund shal l be
pl aced at t he di sposal of t he Pres i dent t o enabl e advances t o be made by
hi m out of such Fund for t he purposes of meet i ng unforeseen expendi t ure
pendi ng aut hori sat i on of such expendi t ure by Parl i ament by l aw under
art i cl e 115 or art i cl e 116.
(2) The Legi sl at ure of a St at e may by l aw est abl i sh a Cont i ngency Fund
i n t he nat ure of an i mprest t o be ent i t l ed t he Cont i ngency Fund of t he
St at e i nt o whi ch shal l be pai d from t i me t o t i me such sums as may be
det ermi ned by such l aw, and t he sai d Fund s hal l be pl aced at t he di sposal
of t he Governor of t he St at e t o enabl e advances t o be made by hi m out of
such Fund for t he purposes of meet i ng unforeseen expendi t ure pendi ng

112


113 THE CONSTITUTION OF INDIA


aut hori sat i on of such expendi t ure by t he Legi sl at ure of t he St at e by l aw
under art i cl e 205 or art i cl e 206.
Di st ri but i on of Revenues bet ween t he Uni on and t he St at es
268. Duti es l evi ed by the Uni on but col l ected and appropri ated by the
States. (1) Such st amp dut i es and such dut i es of exci se on medi ci nal and
t oi l et preparat i ons as are ment i oned i n t he Uni on Li st shal l be l evi ed by
t he Government of Indi a but shal l be col l ect ed
(a) i n t he case where such dut i es are l evi abl e wi t hi n any Uni on
t erri t ory, by t he Government of Indi a, and
(b) i n ot her cases, by t he St at es wi t hi n whi ch such dut i e s are
respect i vel y l evi abl e.
(2) The proceeds i n any fi nanci al year of any such dut y l evi abl e wi t hi n
any St at e shal l not form part of t he Consol i dat ed Fund of Indi a, but shal l
be assi gned t o t hat St at e.
269. Taxes l evi ed and col l ected by the Uni on but assi gned to the
States. (1) Taxes on t he sal e or purchase of goods and t axes on t he
consi gnment of goods shal l be l evi ed and col l ect ed by t he Government of
Indi a but shal l be assi gned and shal l be deemed t o have been assi gned t o
t he St at es on or aft er t he 1st day of Apri l , 1996 i n t he manner provi ded i n
cl ause (2).
Expl anat i on. For t he purposes of t hi s cl ause, -
(a) t he expressi on "t axes on t he sal e or purchase of goods " shal l
mean t axes on sal e or purchase of goods ot her t han newspapers, where
such sal e or purchase t akes pl ace i n t he course of i nt er -St at e t rade or
commerce;
(b) t he expressi on "t axes on t he consi gnment of goods " shal l mean
t axes on t he consi gnment of goods (whet her t he consi gnment i s t o t he
person maki ng i t or t o any ot her person), where such consi gnment t akes
pl ace i n t he course of i nt er -St at e t rade or commerce.
(2) The net proceeds i n any fi nanci al year of any such t ax, except i n so
far as t hose proceeds represent proceeds at t ri but abl e t o Uni on t erri t ori es,
shal l not form part of t he Consol i dat e d Fund of Indi a, but shal l be assi gned
t o t he St at es wi t hi n whi ch t hat t ax i s l evi abl e i n t hat year, and shal l be
di st ri but ed among t hose St at es i n accordance wi t h such pri nci pl es of
di st ri but i on as may be formul at ed by Parl i ament by l aw.
(3) Parl i ament may by l aw formul at e pri nci pl es for det ermi ni ng when a
sal e or purchase of, or consi gnment of, goods t akes pl ace i n t he course of
i nt er-St at e t rade or commerce.
270. Taxes l evi ed and di stri buted between the Uni on and the
States. (1) Al l t axes and dut i es ref erred t o i n t he Uni on Li st , except t he
dut i es and t axes referred t o i n art i cl es 268 and 269, respect i vel y, surcharge
on t axes and dut i es referred t o i n art i cl e 271 and any cess l evi ed for
speci fi c purposes under any l aw made by Parl i ament shal l be l evi ed a nd


114 THE CONSTITUTION OF INDIA


col l ect ed by t he Government of Indi a and shal l be di st ri but ed bet ween t he
Uni on and t he St at es i n t he manner provi ded i n cl ause (2).
(2) Such percent age, as may be prescri bed, of t he net proceeds of any
such t ax or dut y i n any fi nanci al year shal l not form part of t he
Consol i dat ed Fund of Indi a, but shal l be assi gned t o t he St at es wi t hi n
whi ch t hat t ax or dut y i s l evi abl e i n t hat year, and shal l be di st ri but ed
among t hose St at es i n such manner and from such t i me as may be
prescri bed i n t he manner provi ded i n cl ause (3).
(3) In t hi s art i cl e, "prescri bed" means,
(i ) unt i l a Fi nance Commi ssi on has been const i t ut ed, prescri bed by
t he Presi dent by order, and
(i i ) aft er a Fi nance Commi ssi on has been const i t ut ed, prescri bed by
t he Presi dent by order aft er consi deri ng t he recommendat i ons of t he
Fi nance Commi ssi on.
271. Surcharge on certai n duti es and taxes f or purposes of the
Uni on. Not wi t hst andi ng anyt hi ng i n art i cl es 269 and 270, Parl i ament may
at any t i me i ncrease any of t he dut i es or t axes referred t o i n t hose art i cl es
by a surcharge for purposes of t he Uni on and t he whol e proceeds of any
such surcharge shal l form part of t he Consol i dat ed Fund of Indi a.
272. [Taxes whi ch are l evi ed and col l ect ed by t he Uni on and may be
di st ri but ed bet ween t he Uni on and t he St at es. ]Rep. by t he Const i t ut i on
(Ei ght i et h Amendment ) Act , 2000, s . 4.
273. Grants i n l i eu of export duty on jute and jute products. (1)
There shal l be charged on t he Consol i dat ed Fund of Indi a i n each year as
grant s-i n-ai d of t he revenues of t he St at es of Assam, Bi har, Ori ssa and
West Bengal , i n l i eu of assi gnment of any share of t he net proceeds i n each
year of export dut y on j ut e and j ut e product s t o t hose St at es, such sums as
may be prescri bed.
(2) The sums so prescri bed shal l cont i nue t o be charged o n t he
Consol i dat ed Fund of Indi a so l ong as any export dut y on j ut e or j ut e
product s cont i nues t o be l evi ed by t he Government of Indi a or unt i l t he
expi rat i on of t en years from t he commencement of t hi s Const i t ut i on
whi chever i s earl i er.
(3) In t hi s art i cl e, t he expressi on prescri bed has t he same meani ng as
i n art i cl e 270.
274. Pri or recommendati on of Presi dent requi red to Bi l l s aff ecti ng
taxati on i n whi ch States are i nterested. (1) No Bi l l or amendment
whi ch i mposes or vari es any t ax or dut y i n whi ch St at es are i nt erest ed, or
whi ch vari es t he meani ng of t he expressi on agri cul t ural i ncome as
defi ned for t he purposes of t he enact ment s rel at i ng t o Indi an i ncome -t ax,
or whi ch affect s t he pri nci pl es on whi ch under any of t he foregoi ng
provi si ons of t hi s Chapt er moneys are or may be di st ri but abl e t o St at es, or
whi ch i mposes any such surcharge for t he purposes of t he Uni on as i s
ment i oned i n t he foregoi ng provi si ons of t hi s Chapt er, shal l be i nt roduced


115 THE CONSTITUTION OF INDIA


or moved i n ei t her House of Parl i ament except on t he recommendat i on of
t he Presi dent .
(2) In t hi s art i cl e, t he expressi on t ax or dut y i n whi ch St at es are
i nt erest ed means
(a) a t ax or dut y t he whol e or part of t he net proceeds whereof are
assi gned t o any St at e; or
(b) a t ax or dut y by reference t o t he ne t proceeds whereof sums are
for t he t i me bei ng payabl e out of t he Consol i dat ed Fund of Indi a t o any
St at e.
275. Grants f rom the Uni on to certai n States. (1) Such sums as
Parl i ament may by l aw provi de shal l be charged on t he Consol i dat ed Fund
of Indi a i n each year as grant s -i n-ai d of t he revenues of such St at es as
Parl i ament may det ermi ne t o be i n need of assi st ance, and di fferent sums
may be fi xed for di fferent St at es:
Provi ded t hat t here shal l be pai d out of t he Consol i dat ed Fund of Indi a
as grant s-i n-ai d of t he revenues of a St at e such capi t al and recurri ng sums
as may be necessary t o enabl e t hat St at e t o meet t he cost s of such schemes
of devel opment as may be undert aken by t he St at e wi t h t he approval of t he
Government of Indi a for t he purpose of promot i ng t he wel fare of t he
Schedul ed Tri bes i n t hat St at e or rai si ng t he l evel of admi ni st rat i on of t he
Schedul ed Areas t herei n t o t hat of t he admi ni st rat i on of t he rest of t he
areas of t hat St at e:
Provi ded furt her t hat t here shal l be pai d out of t he Consol i dat ed Fund of
Indi a as grant s-i n-ai d of t he revenues of t he St at e of Assam sums, capi t al
and recurri ng, equi val ent t o
(a) t he average excess of expendi t ure over t he revenues duri ng t he
t wo years i mmedi at el y precedi ng t he commencement of t hi s Const i t ut i on
i n respect of t he admi ni st rat i on of t he t ri bal areas speci fi ed i n Part I of
t he t abl e appended t o paragraph 20 of t he Si xt h Schedul e; and
(b) t he cost s of such schemes of devel opment as may be undert aken
by t hat St at e wi t h t he approval of t he Government of Indi a for t he
purpose of rai si ng t he l evel of admi ni st rat i on of t he sai d areas t o t hat of
t he admi ni st rat i on of t he rest of t he areas of t hat St at e.

(1A) On and from t he format i on of t he aut onomous St at e under art i cl e
244A,
(i ) any sums payabl e under cl ause (a) of t he second provi so t o
cl ause (1) shal l , i f t he aut onomous St at e compri ses al l t he t ri bal areas
referred t o t herei n, be pai d t o t he aut onomous St at e, and, i f t he
aut onomous St at e compri ses onl y some of t hose t ri bal areas, be
apport i oned bet ween t he St at e of Assam and t he aut onomous St at e as t he
Presi dent may, by order, speci fy;
(i i ) t here shal l be pai d out of t he Consol i dat ed Fund of Indi a as
grant s-i n-ai d of t he revenues of t he aut onomous St at e sums, capi t al and


116 THE CONSTITUTION OF INDIA


recurri ng, equi val ent t o t he cost s of such schemes of devel opment as
may be undert aken by t he aut onomous St at e wi t h t he approval of t he
Government of Indi a for t he purpose of rai si ng t he l evel of
admi ni st rat i on of t hat St at e t o t hat of t he admi ni st rat i on of t he rest of
t he St at e of Assam.
(2) Unt i l provi si on i s made by Parl i ament under cl ause (1), t he powers
conferred on Parl i ament under t hat cl ause shal l be exerci sabl e by t he
Presi dent by order and any order made by t he Presi dent under t hi s cl ause
shal l have effect subj ect t o any provi si on so made by Parl i ament :
Provi ded t hat aft er a Fi nance Commi ssi on has been const i t ut ed no order
shal l be made under t hi s cl ause by t he Presi dent except aft er consi deri ng
t he recommendat i ons of t he Fi nance Commi ssi on.
276. Taxes on prof essi ons, trades, cal l i ngs and empl oyments.
(1) Not wi t hst andi ng anyt hi ng i n art i cl e 246, no l aw of t he Legi sl at ure of a
St at e rel at i ng t o t axes for t he benefi t of t he St at e or of a muni ci pal i t y,
di st ri ct board, l ocal board or ot her l ocal aut hori t y t herei n i n respect of
professi ons, t rades, cal l i ngs or empl oyment s shal l be i nval i d on t he ground
t hat i t rel at es t o a t ax on i ncome.
(2) The t ot al amount payabl e i n respect of any one person t o t he St at e
or t o any one muni ci pal i t y, di st ri ct board, l ocal board or ot her l ocal
aut hori t y i n t he St at e by way of t axes on professi ons, t rades, cal l i ngs and
empl oyment s shal l not exceed t wo t housand and fi ve hundred rupees per
annum.
(3) The power of t he Legi sl at ure of a St at e t o make l aws as aforesai d
wi t h respect t o t axes on professi ons, t rades, cal l i ngs and empl oyment s
shal l not be const rued as l i mi t i ng i n any way t he power of Parl i ament t o
make l aws wi t h respect t o t axes on i ncome accrui ng from or ari si ng out of
professi ons, t rades, cal l i ngs and empl oyment s.
277. Savi ngs. Any t axes, dut i es, cesses or fees whi ch, i mmedi at el y
before t he commencement of t hi s Const i t ut i on, were bei ng l awful l y l evi ed
by t he Government of any St at e or by any muni ci pal i t y or ot her l ocal
aut hori t y or body for t he purposes of t he St at e, muni ci pal i t y, di st ri ct or
ot her l ocal area may, not wi t hst andi ng t hat t hose t axes, dut i es, cesses or
fees are ment i oned i n t he Uni on Li st , cont i nue t o be l evi ed and t o be
appl i ed t o t he same purposes unt i l provi si on t o t he cont rary i s made by
Parl i ament by l aw.
278. [Agreement wi t h St at es i n Part B of t he Fi rst Schedul e wi t h regard
t o cert ai n f i nanci al mat t ers. ] Rep. by t he Const i t ut i on (Sevent h
Amendment ) Act , 1956, s. 29 and Sch.
279. Cal cul ati on of net proceeds, etc. (1) In t he foregoi ng
provi si ons of t hi s Chapt er, net proceeds means i n rel at i on t o any t ax or
dut y t he proceeds t hereof reduced by t he cost of col l ect i on, and for t he
purposes of t hose provi si ons t he net proceeds of any t ax or dut y, or of any
part of any t ax or dut y, i n or at t ri but abl e t o any area shal l be ascert ai ned


117 THE CONSTITUTION OF INDIA


and cert i fi ed by t he Compt rol l er and Audi t or -General of Indi a, whose
cert i fi cat e shal l be fi nal .
(2) Subj ect as aforesai d, and t o any ot her express provi si on of t hi s
Chapt er, a l aw made by Parl i ament or an order of t he Presi dent may, i n any
case where under t hi s Part t he proceeds of any dut y or t ax are, or may be,
assi gned t o any St at e, provi de for t he manner i n whi ch t he proceeds are t o
be cal cul at ed, for t he t i me from or at whi ch and t he manner i n whi ch any
payment s are t o be made, for t he maki ng of adj us t ment s bet ween one
fi nanci al year and anot her, and for any ot her i nci dent al or anci l l ar y
mat t ers.
280. Fi nance Commi ssi on. (1) The Presi dent shal l , wi t hi n t wo years
fr om t he commencement of t hi s Const i t ut i on and t hereaft er at t he
expi rat i on of ever y fi ft h year or at such earl i er t i me as t he Presi dent
consi ders necessary, by order const i t ut e a Fi nance Commi ssi on whi ch shal l
consi st of a Chai rman and four ot her members t o be appoi nt ed by t he
Presi dent .
(2) Parl i ament may by l aw det ermi ne t he qual i fi cat i on s whi ch shal l be
requi si t e for appoi nt ment as members of t he Commi ssi on and t he manner i n
whi ch t hey shal l be sel ect ed.
(3) It shal l be t he dut y of t he Commi ssi on t o make recommendat i ons t o
t he Presi dent as t o
(a) t he di st ri but i on bet ween t he Uni on a nd t he St at es of t he net
proceeds of t axes whi ch are t o be, or may be, di vi ded bet ween t hem
under t hi s Chapt er and t he al l ocat i on bet ween t he St at es of t he
respect i ve shares of such proceeds;
(b) t he pri nci pl es whi ch shoul d govern t he grant s -i n-ai d of t he
revenues of t he St at es out of t he Consol i dat ed Fund of Indi a;
(bb) t he measures needed t o augment t he Consol i dat ed Fund of a
St at e t o suppl ement t he resources of t he Panchayat s i n t he St at e on t he
basi s of t he recommendat i ons made by t he Fi nance Commi ssi on of t he
St at e;
(c) t he measures needed t o augment t he Consol i dat ed Fund of a
St at e t o suppl ement t he resources of t he Muni ci pal i t i es i n t he St at e on
t he basi s of t he recommendat i ons made by t he Fi nance Commi ssi on of
t he St at e;
(d) any ot her mat t er referred t o t he Commi ssi on by t he Presi dent i n
t he i nt erest s of sound fi nance.
(4) The Commi ssi on shal l det ermi ne t hei r procedure and shal l have such
powers i n t he performance of t hei r funct i ons as Parl i ament may by l aw
confer on t hem.
281. Recommendat i ons of the Fi nance Commi ssi on. The Presi dent
shal l cause ever y recommendat i on made by t he Fi nance Commi ssi on under
t he provi si ons of t hi s Const i t ut i on t oget her wi t h an expl anat ory


118 THE CONSTITUTION OF INDIA


memorandum as t o t he act i on t aken t hereon t o be l ai d before each House of
Parl i ament .
Mi scel l aneous Fi nanci al Provi si ons
282. Expendi ture def rayabl e by the Uni on or a State out of i ts
revenues. The Uni on or a St at e may make any grant s for any publ i c
purpose, not wi t hst andi ng t hat t he purpose i s not one wi t h respect t o whi ch
Parl i ament or t he Legi sl at ure of t he St at e, as t he case may be, may make
l aws.
283. Custody, etc. , of Consol i dated Funds, Conti ngency Funds and
moneys credi ted to the publ i c accounts. (1) The cust ody of t he
Consol i dat ed Fund of Indi a and t he Cont i ngency Fund of Indi a, t he
payment of moneys i nt o such Funds, t he wi t hdrawal of moneys t herefrom,
t he cust ody of publ i c moneys ot her t han t hose credi t ed t o such Funds
recei ved by or on behal f of t he Government of Indi a, t hei r payment i nt o t he
publ i c account of Indi a and t he wi t hdrawal of moneys from such account
and al l ot her mat t ers connect ed wi t h or anci l l ar y t o mat t ers afor esai d shal l
be regul at ed by l aw made by Par l i ament , and, unt i l provi si on i n t hat behal f
i s so made, shal l be regul at ed by rul es made by t he Pr esi dent .
(2) The cust ody of t he Consol i dat ed Fund of a St at e and t he
Cont i ngency Fund of a St at e, t he payment of moneys i nt o such Funds, t he
wi t hdrawal of moneys t herefrom, t he cust ody of publ i c moneys ot her t han
t hose credi t ed t o such Funds recei ved by or on behal f of t he Government of
t he St at e, t hei r payment i nt o t he publ i c account of t he St at e and t he
wi t hdrawal of moneys fr om such account and al l ot her mat t ers connect ed
wi t h or anci l l ar y t o mat t ers aforesai d shal l be regul at ed by l aw made by
t he Legi sl at ure of t he St at e, and, unt i l provi si on i n t hat behal f i s so made,
shal l be regul at ed by rul es made by t he Governor of t he St at e.
284. Custody of sui tors' deposi ts and other moneys recei ved by
publ i c servants and courts. Al l moneys recei ved by or depos i t ed wi t h
(a) any offi cer empl oyed i n connect i on wi t h t he affai rs of t he
Uni on or of a St at e i n hi s capaci t y as such, ot her t han revenues or
publ i c moneys rai sed or recei ved by t he Government of Indi a or t he
Government of t he St at e, as t he case may be, or
(b) any court wi t hi n t he t erri t or y of Indi a t o t he credi t of any
cause, mat t er, account or persons,
shal l be pai d i nt o t he publ i c account of Indi a or t he publ i c account of
St at e, as t he case may be.
285. Exempti on of property of the Uni on f rom State taxati on. (1)
The propert y of t he Uni on shal l , save i n so far as Parl i ament may by l aw
ot herwi se provi de, be exempt from al l t axes i mposed by a St at e or by any
aut hori t y wi t hi n a St at e.
(2) Not hi ng i n cl ause (1) shal l , unt i l Parl i ament by l aw ot herwi se
provi des, prevent any aut hori t y wi t hi n a St at e from l evyi ng any t ax on any


119 THE CONSTITUTION OF INDIA


propert y of t he Uni on t o whi ch such propert y was i mmedi at el y before t he
commencement of t hi s Const i t ut i on l i abl e or t reat ed as l i abl e, so l ong as
t hat t ax cont i nues t o be l evi ed i n t hat St at e.
286. Restri cti ons as to i mposi ti on of tax on the sal e or purchase of
goods. (1) No l aw of a St at e shal l i mpose, or aut hori se t he i mposi t i on of,
a t ax on t he sal e or purchase of goods where such sal e or purchase t akes
pl ace
(a) out si de t he St at e; or
(b) i n t he course of t he i mport of t he goods i nt o, or export of t he
goods out of, t he t erri t ory of Indi a.
(2) Parl i ament may by l aw formul at e pri nci pl es for det ermi ni ng when a
sal e or purchase of goods t akes pl ace i n any of t he ways ment i oned i n
cl ause (1).
(3) Any l aw of a St at e shal l , i n so far as i t i mposes, or aut hori ses t he
i mposi t i on of,
(a) a t ax on t he sal e or purchase of goods decl ared by Par l i ament
by l aw t o be of speci al i mport ance i n i nt er -St at e t rade or commerce; or
(b) a t ax on t he sal e or purchase of goods, bei ng a t ax of t he nat ure
referred t o i n sub-cl ause ( b), sub-cl ause ( c) or sub-cl ause ( d) of cl ause
(29A) of art i cl e 366,
be subj ect t o such rest ri ct i ons and condi t i ons i n regard t o t he syst em of
l evy, rat es and ot her i nci dent s of t he t ax as Parl i ament may by l aw speci fy.
287. Exempti on f rom taxes on el ectri ci ty. Save i n so far as
Parl i ament may by l aw ot herwi se provi de, no l aw of a St at e shal l i mpose,
or aut hori se t he i mposi t i on of, a t ax on t he consumpt i on or sal e of
el ect ri ci t y (whet her produced by a Government or ot her persons) whi ch
i s
(a) consumed by t he Government of Indi a, or sol d t o t he
Government of Indi a for consumpt i on by t hat Government ; or
(b) consumed i n t he const ruct i on, mai nt enance or operat i on of any
rai l way by t he Government of Indi a or a rai l way company operat i ng t hat
rai l way, or sol d t o t hat Government or any such rai l way company for
consumpt i on i n t he const ruct i on, mai nt enance or operat i on of any
rai l way,
and any such l aw i mposi ng, or aut hori si ng t he i mposi t i on of, a t ax on t he
sal e of el ect ri ci t y shal l secure t hat t he pri ce of el ect ri ci t y s ol d t o t he
Government of Indi a for consumpt i on by t hat Government , or t o any such
rai l way company as aforesai d for consumpt i on i n t he const ruct i on,
mai nt enance or operat i on of any rai l way, shal l be l ess by t he amount of t he
t ax t han t he pri ce charged t o ot her consumers of a subst ant i al quant i t y of
el ect ri ci t y.
288. Exempti on f rom taxati on by States i n respect of water or
el ectri ci ty i n certai n cases. (1) Save i n so far as t he Presi dent may by


120 THE CONSTITUTION OF INDIA


order ot herwi se provi de, no l aw of a St at e i n force i mmedi at el y before t he
commencement of t hi s Const i t ut i on shal l i mpose, or aut hori se t he
i mposi t i on of, a t ax i n respect of any wat er or el ect ri ci t y st ored, generat ed,
consumed, di st ri but ed or sol d by any aut hori t y est abl i shed by any exi st i ng
l aw or any l aw made by Parl i ament for regul at i ng or devel opi ng any i nt er -
St at e ri ver or ri ver -val l ey.
Expl anat i on. The expressi on l aw of a St at e i n force i n t hi s cl ause
shal l i ncl ude a l aw of a St at e passed or made before t he commencement of
t hi s Const i t ut i on and not previ ousl y repeal ed, not wi t hst andi ng t hat i t or
part s of i t may not be t hen i n operat i on ei t her at al l or i n part i cul ar areas.
(2) The Legi sl at ure of a St at e may by l a w i mpose, or aut hori se t he
i mposi t i on of, any such t ax as i s ment i oned i n cl ause (1), but no such l aw
shal l have any effect unl ess i t has, aft er havi ng been reserved for t he
consi derat i on of t he Presi dent , recei ved hi s assent ; and i f any such l aw
provi des for t he fi xat i on of t he rat es and ot her i nci dent s of such t ax by
means of rul es or orders t o be made under t he l aw by any aut hori t y, t he l aw
shal l provi de for t he previ ous consent of t he Presi dent bei ng obt ai ned t o
t he maki ng of any such rul e or order.
289. Exempti on of property and i ncome of a State f rom Uni on
taxati on. (1) The propert y and i ncome of a St at e shal l be exempt from
Uni on t axat i on.
(2) Not hi ng i n cl ause (1) shal l prevent t he Uni on from i mposi ng, or
aut hori si ng t he i mposi t i on of, any t ax t o such ext ent , i f any, as Parl i ament
may by l aw provi de i n respect of a t rade or busi ness of any ki nd carri ed on
by, or on behal f of, t he Government of a St at e, or any operat i ons connect ed
t herewi t h, or any propert y used or occupi ed for t he purposes of such t rade
or busi ness, or any i ncome accrui ng or ari si ng i n connect i on t herewi t h.
(3) Not hi ng i n cl ause (2) shal l appl y t o any t rade or busi ness, or t o any
cl ass of t rade or busi ness, whi ch Parl i ament may by l aw decl are t o be
i nci dent al t o t he ordi nary funct i ons of Government .
290. Adjustment i n respect of certai n expenses and pensi ons. Where
under t he provi si ons of t hi s Const i t ut i on t he expenses of any court or
Commi ssi on, or t he pensi on payabl e t o or i n respect of a person who has
served before t he commencement of t hi s Const i t ut i on under t he Crown i n
Indi a or aft er such commencement i n connect i on wi t h t he affai rs of t he
Uni on or of a St at e, are charged on t he Consol i dat ed Fund of Indi a or t he
Consol i dat ed Fund of a St at e, t hen, i f
(a) i n t he case of a charge on t he Consol i dat ed Fund of Indi a, t he
court or Commi ssi on serves any of t he separat e needs of a St at e, or t he
person has served whol l y or i n part i n connect i on wi t h t he affai rs of a
St at e; or
(b) i n t he case of a charge on t he Consol i dat ed Fund of a St at e , t he
court or Commi ssi on serves any of t he separat e needs of t he Uni on or
anot her St at e, or t he person has served whol l y or i n part i n connect i on
wi t h t he affai rs of t he Uni on or anot her St at e,


121 THE CONSTITUTION OF INDIA


t here shal l be charged on and pai d out of t he Consol i dat ed Fund of t he
St at e or, as t he case may be, t he Consol i dat ed Fund of Indi a or t he
Consol i dat ed Fund of t he ot her St at e, such cont ri but i on i n respect of t he
expenses or pensi on as may be agreed, or as may i n defaul t of agreement
be det ermi ned by an arbi t rat or t o be appoi nt ed by t he Chi ef Just i ce of
Indi a.
290A. Annual payment to certai n Devaswom Funds. A sum of fort y-
si x l akhs and fi ft y t housand rupees shal l be charged on, and pai d out of,
t he Consol i dat ed Fund of t he St at e of Keral a ever y year t o t he Travanc ore
Devaswom Fund; and a sum of t hi rt een l akhs and fi ft y t housand rupees
shal l be charged on, and pai d out of, t he Consol i dat ed Fund of t he St at e of
Tami l Nadu ever y year t o t he Devaswom Fund est abl i shed i n t hat St at e for
t he mai nt enance of Hi ndu t empl es and shri nes i n t he t erri t ori es t ransferred
t o t hat St at e on t he 1st day of November, 1956, fr om t he St at e of
Travancore-Cochi n.
291. [Pri vy purse sums of Rul ers. ] Rep. by t he Const i t ut i on (Twent y -
si xt h Amendment ) Act , 197l , s. 2.
CHAPTER II. BORROWI NG
292. Borrowi ng by the Government of Indi a. The execut i ve power of
t he Uni on ext ends t o borrowi ng upon t he securi t y of t he Consol i dat ed Fund
of Indi a wi t hi n such l i mi t s, i f any, as may fr om t i me t o t i me be fi xed by
Parl i ament by l aw and t o t he gi vi ng of guarant e es wi t hi n such l i mi t s, i f
any, as may be so fi xed.
293. Borrowi ng by States. (1) Subj ect t o t he provi si ons of t hi s art i cl e,
t he execut i ve power of a St at e ext ends t o borrowi ng wi t hi n t he t erri t ory of
Indi a upon t he securi t y of t he Consol i dat ed Fund of t he St at e wi t hi n such
l i mi t s, i f any, as may from t i me t o t i me be fi xed by t he Legi sl at ure of such
St at e by l aw and t o t he gi vi ng of guarant ees wi t hi n such l i mi t s, i f any, as
may be so fi xed.
(2) The Government of Indi a may, subj ect t o such condi t i ons as may be
l ai d down by or under any l aw made by Par l i ament , make l oans t o any
St at e or, so l ong as any l i mi t s fi xed under art i cl e 292 are not exceeded,
gi ve guarant ees i n respect of l oans rai sed by any St at e, and any sums
requi red for t he purpose of maki ng such l oans shal l be charged on t he
Consol i dat ed Fund of Indi a.
(3) A St at e may not wi t hout t he consent of t he Government of Indi a
rai se any l oan i f t here i s st i l l out st andi ng any part of a l oan whi ch has been
made t o t he St at e by t he Government of Indi a or by i t s predecessor
Government , or i n respect of whi ch a guarant ee has been gi ven by t he
Government of Indi a or by i t s predecessor Government .
(4) A consent under cl ause (3) may be grant ed subj ect t o such
condi t i ons, i f any, as t he Government of Indi a may t hi nk fi t t o i mpose.




122 THE CONSTITUTION OF INDIA


CHAPTER III. PROPERTY. CONTRACTS, RI GHTS, LI ABI LI TI ES,
OBLI GATI ONS AND SUI TS
294. Successi on to property, assets, ri ghts, l i abi l i ti es and obl i gati ons
i n certai n cases. As from t he commencement of t hi s Const i t ut i on
(a) al l propert y and as set s whi ch i mmedi at el y before such
commencement were vest ed i n Hi s Maj est y for t he purposes of t he
Government of t he Domi ni on of Indi a and al l propert y and asset s whi ch
i mmedi at el y before such commencement were vest ed i n Hi s Maj est y for
t he purposes of t he Government of each Governor ' s Provi nce shal l vest
respect i vel y i n t he Uni on and t he correspondi ng St at e, and
(b) al l ri ght s, l i abi l i t i es and obl i gat i ons of t he Government of t he
Domi ni on of Indi a and of t he Government of each Governor ' s Provi nce,
whet her ari si ng out of any cont ract or ot herwi se, shal l be t he ri ght s,
l i abi l i t i es and obl i gat i ons respect i vel y of t he Government of Indi a and
t he Government of each correspondi ng St at e,
subj ect t o any adj ust ment made or t o be made by reason of t he creat i on
before t he commencement of t hi s Const i t ut i on of t he Domi ni on of Paki st an
or of t he Provi nces of West Bengal , East Bengal , West Punj ab and East
Punj ab,
295. Successi on to property, assets, ri ghts, l i abi l i ti es and obl i gati ons
i n other cases. (1) As from t he commencement of t hi s Const i t ut i on
(a) al l propert y and asset s whi ch i mmedi at el y before such
commencement were vest ed i n any Indi an St at e correspondi ng t o a St at e
speci fi ed i n Part B of t he Fi rst Schedul e shal l vest i n t he Uni on, i f t he
purposes for whi ch such propert y and asset s were hel d i mmedi at el y
before such commencement wi l l t hereaft er be purposes of t he Uni on
rel at i ng t o any of t he mat t ers enumerat ed i n t he Uni on Li st , and
(b) al l ri ght s, l i abi l i t i es and obl i gat i ons of t he Government of any
Indi an St at e correspondi ng t o a St at e speci fi ed i n Part B of t he Fi rst
Schedul e, whet her ari si ng out of any cont ract or ot herwi se, shal l be t he
ri ght s, l i abi l i t i es and obl i gat i ons of t he Government of Indi a, i f t he
purposes for whi ch such ri ght s were acqui red or l i abi l i t i es or
obl i gat i ons were i ncurred befor e such commencement wi l l t hereaft er be
purposes of t he Government of Indi a rel at i ng t o any of t he mat t ers
enumerat ed i n t he Uni on Li st ,
subj ect t o any agreement ent ered i nt o i n t hat behal f by t he Government of
Indi a wi t h t he Government of t hat St at e.
(2) Subj ect as aforesai d, t he Government of each St at e speci fi ed i n Part
B of t he Fi rst Schedul e shal l , as fr om t he commencement of t hi s
Const i t ut i on, be t he successor of t he Government of t he correspondi ng
Indi an St at e as regards al l propert y and asset s and al l ri ght s, l i abi l i t i es and
obl i gat i ons, whet her ari si ng out of any cont ract or ot herwi se, ot her t han
t hose referred t o i n cl ause (1).


123 THE CONSTITUTION OF INDIA


296. Property accrui ng by escheat or l apse or as bona vacanti a.
Subj ect as herei naft er provi ded, any propert y i n t he t erri t ory of Indi a
whi ch, i f t hi s Const i t ut i on had not come i nt o operat i on, woul d have
accrued t o Hi s Maj est y or, as t he case may be, t o t he Rul er of an Indi an
St at e by escheat or l apse, or as bona vacant i a for want of a ri ght ful owner,
shal l , i f i t i s propert y si t uat e i n a St at e, vest i n such St at e, and shal l , i n
any ot her case, vest i n t he Uni on:
Provi ded t hat any propert y whi ch at t he dat e when i t woul d have so
accrued t o Hi s Maj est y or t o t he Rul er of an Indi an St at e was i n t he
possessi on or under t he cont rol of t he Government of Indi a or t he
Government of a St at e shal l , accordi ng as t he purposes for whi ch i t was
t hen used or hel d were purposes of t he Uni on or of a St at e, vest i n t he
Uni on or i n t hat St at e.
Expl anat i on. In t hi s art i cl e, t he expressi ons Rul er and Indi an St at e
have t he same meani ngs as i n art i cl e 363.
297. Thi ngs of val ue wi thi n terri tori al waters or conti nental shel f
and resources of the excl usi ve economi c zone to vest i n the Uni on. (1)
Al l l ands, mi ner al s and ot her t hi ngs of val ue underl yi ng t he ocean wi t hi n
t he t erri t ori al wat ers, or t he cont i nent al shel f, or t he excl usi ve economi c
zone, of Indi a shal l vest i n t he Uni on and be hel d for t he purposes of t he
Uni on.
(2) Al l ot her resources of t he excl usi ve economi c zone of Indi a shal l
al so vest i n t he Uni on and be hel d for t he purposes of t he Uni on.
(3) The l i mi t s of t he t erri t ori al wat ers, t he cont i nent al shel f, t he
excl usi ve economi c zone, and ot her mari t i me zones, of Indi a shal l be such
as may be speci fi ed, from t i me t o t i me, by or under any l aw made by
Parl i ament .
298. Power to carry on trade, etc. The execut i ve power of t he Uni on
and of each St at e shal l ext end t o t he carryi ng on of any t rade or busi ness
and t o t he acqui si t i on, hol di ng and di sposal of p ropert y and t he maki ng of
cont ract s for any purpose:
Provi ded t hat
(a) t he sai d execut i ve power of t he Uni on shal l , i n so far as such
t rade or busi ness or such purpose i s not one wi t h respect t o whi ch
Parl i ament may make l aws, be subj ect i n each St at e t o l egi sl at i on by t he
St at e; and
(b) t he sai d execut i ve power of each St at e shal l , i n so far as such
t rade or busi ness or such purpose i s not one wi t h respect t o whi ch t he
St at e Legi sl at ure may make l aws, be subj ect t o l egi sl at i on by
Parl i ament .
299. Contracts. (1) Al l cont ract s made i n t he exerci se of t he execut i ve
power of t he Uni on or of a St at e shal l be expressed t o be made by t he
Presi dent , or by t he Governor of t he St at e, as t he case may be, and al l such
cont ract s and al l assurances of propert y made i n t he exerci se of t hat power


124 THE CONSTITUTION OF INDIA


shal l be execut ed on behal f of t he Presi dent or t he Governor by such
persons and i n such manner as he may di rect or aut hori se.
(2) Nei t her t he Presi dent nor t he Governor shal l be personal l y l i abl e i n
respect of any cont ract or assurance made or execut ed for t he purposes of
t hi s Const i t ut i on, or for t he purposes of any enact ment rel at i ng t o t he
Government of Indi a heret ofore i n force, nor shal l any person maki ng or
execut i ng any such cont ract or assurance on behal f of any of t hem be
personal l y l i abl e i n respect t hereof.
300. Sui ts and proceedi ngs. (1) The Government of Indi a may sue or
be sued by t he name of t he Uni on of Indi a and t he Government of a St at e
may sue or be sued by t he name of t he St at e and may, subj ect t o any
provi si ons whi ch may be made by Act of Parl i ament or of t he Legi sl at ure
of such St at e enact ed by vi rt ue of powers conferred by t hi s Const i t ut i on,
sue or be sued i n rel at i on t o t hei r respect i ve affai rs i n t he l i ke cases as t he
Domi ni on of Indi a and t he corres pondi ng Provi nces or t he correspondi ng
Indi an St at es mi ght have sued or been sued i f t hi s Const i t ut i on had not
been enact ed.
(2) If at t he commencement of t hi s Const i t ut i on
(a) any l egal proceedi ngs are pendi ng t o whi ch t he Domi ni on of
Indi a i s a part y, t he Uni on of Indi a shal l be deemed t o be subst i t ut ed for
t he Domi ni on i n t hose proceedi ngs; and
(b) any l egal pr oceedi ngs are pendi ng t o whi ch a Provi nce or an
Indi an St at e i s a part y, t he correspondi ng St at e shal l be deemed t o be
subst i t ut ed for t he Provi nce or t he Indi an St at e i n t hose proceedi ngs.
CHAPTER IV. RI GHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law. No person
shall be deprived of his property save by authority of law.













125 THE CONSTITUTION OF INDIA


PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
301. Freedom of trade, commerce and i ntercourse. Subj ect t o t he
ot her provi si ons of t hi s Part , t rade, commerce and i nt ercourse t hroughout
t he t erri t ory of Indi a shal l be free.
302. Power of Parl i ament to i mpose restri cti ons on trade, commerce
and i ntercourse. Parl i ament may by l aw i mpose such rest ri ct i ons on t he
freedom of t rade, commerce or i nt ercourse bet ween one St at e and anot her
or wi t hi n any part of t he t erri t or y of Indi a as may be requi red i n t he
publ i c i nt erest .
303. Restri cti ons on the l egi sl ati ve powers of the Uni on and of the
States wi th regard to trade and commerce. (1) Not wi t hst andi ng
anyt hi ng i n art i cl e 302, nei t her Parl i ament nor t he Legi sl at ure of a St at e
shal l have power t o make any l aw gi vi ng, or aut hori si ng t he gi vi ng of, any
preference t o one St at e over anot her, or maki ng, or aut hori si ng t he maki ng
of, any di scri mi nat i on bet ween one St at e and anot her, by vi rt ue of any
ent ry rel at i ng t o t rade and commerce i n any of t he Li st s i n t he Sevent h
Schedul e.
(2) Not hi ng i n cl ause (1) shal l prevent Parl i ament from maki ng any l aw
gi vi ng, or aut hori si ng t he gi vi ng of, any preference or maki ng, or
aut hori si ng t he maki ng of, any di scri mi nat i on i f i t i s decl ared by such l aw
t hat i t i s necessary t o do so for t he purpose of deal i ng wi t h a si t uat i on
ari si ng from scarci t y of goods i n any part of t he t erri t ory of Indi a.
304. Restri cti ons on trade, commerce and i ntercourse among
States. Not wi t hst andi ng anyt hi ng i n art i cl e 301 or art i cl e 303, t he
Legi sl at ure of a St at e may by l aw
(a) i mpose on goods i mport ed from ot her St at es or t he Uni on
t erri t ori es any t ax t o whi ch si mi l ar goods manufact ured or produced i n
t hat St at e are subj ect , so, however, as not t o di scri mi nat e bet ween goods
so i mport ed and goods so manufact ured or produced; and
(b) i mpose such reasonabl e rest ri ct i ons on t he freedom of t rade,
commerce or i nt ercourse wi t h or wi t hi n t hat St at e as may be requi red i n
t he publ i c i nt erest :
Provi ded t hat no Bi l l or amendment for t he purposes of cl ause ( b) shal l
be i nt roduced or moved i n t he Legi sl at ure of a St at e wi t hout t he previ ous
sanct i on of t he Presi dent .
305. Savi ng of exi sti ng l aws and l aws provi di ng f or State
monopol i es. Not hi ng i n art i cl es 301 and 303 shal l affect t he provi si ons
of any exi st i ng l aw except i n so far as t he Presi dent may by order
ot herwi se di rect ; and not hi ng i n art i cl e 301 shal l affect t he operat i on of
any l aw made before t he commencement of t he Const i t ut i on (Fourt h
Amendment ) Act , 1955, i n so far as i t rel at es t o, or prevent Parl i ament or

125



126 THE CONSTITUTION OF INDIA


t he Legi sl at ure of a St at e fr om maki ng any l aw rel at i ng t o, any such mat t er
as i s referred t o i n sub-cl ause ( i i ) of cl ause (6) of art i cl e 19.
306. [Power of cert ai n St at es i n Part B of t he Fi rst Schedul e t o i mpose
rest ri ct i ons on t rade and commerce. ] Rep. by t he Const i t ut i on (Sevent h
Amendment ) Act , 1956, s. 29 and Sch.
307. Appoi ntment of authori ty f or carryi ng out the purposes of
arti cl es 301 to 304. Parl i ament may by l aw appoi nt such aut hori t y as i t
consi ders appropri at e f or carr yi ng out t he purposes of art i cl es 301, 302,
303 and 304, and confer on t he aut hori t y so appoi nt ed such powers and
such dut i es as i t t hi nks necessary.


127 THE CONSTITUTION OF INDIA


PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I. SERVI CES
308. Interpretati on. In t hi s Part , unl ess t he cont ext ot herwi se
requi res, t he expressi on St at e does not i ncl ude t he St at e of Jammu and
Kashmi r.
309. Recrui tment and condi ti ons of servi ce of persons servi ng the
Uni on or a State. Subj ect t o t he provi si ons of t hi s Const i t ut i on, Act s of
t he appropri at e Legi sl at ure may regul at e t he recrui t ment , and condi t i ons of
servi ce of persons appoi nt ed, t o publ i c servi ces and post s i n connect i on
wi t h t he affai rs of t he Uni on or of any St at e:
Provi ded t hat i t shal l be compet ent for t he Presi dent or such person as
he may di rect i n t he case of servi ces and post s i n connect i on wi t h t he
affai rs of t he Uni on, and for t he Governor of a St at e or such person as he
may di rect i n t he case of servi ces and post s i n connect i on wi t h t he a ffai rs
of t he St at e, t o make rul es regul at i ng t he recrui t ment , and t he condi t i ons
of servi ce of persons appoi nt ed, t o such servi ces and post s unt i l provi si on
i n t hat behal f i s made by or under an Act of t he appropri at e Legi sl at ure
under t hi s art i cl e, and any rul es so made shal l have effect subj ect t o t he
provi si ons of any such Act .
310. Tenure of offi ce of persons servi ng the Uni on or a State. (1)
Except as expressl y provi ded by t hi s Const i t ut i on, every person who i s a
member of a defence ser vi ce or of a ci vi l ser vi ce of t he Uni on or of an
al l -Indi a servi ce or hol ds any post connect ed wi t h defence or any ci vi l post
under t he Uni on hol ds offi ce duri ng t he pl easure of t he Presi dent , and
ever y person who i s a member of a ci vi l servi ce of a St at e or hol ds any
ci vi l post under a St at e hol ds offi ce duri ng t he pl easure of t he Governor
of t he St at e.
(2) Not wi t hst andi ng t hat a person hol di ng a ci vi l post under t he Uni on
or a St at e hol ds offi ce duri ng t he pl easure of t he Presi dent or, as t he case
may be, of t he Governor of t he St at e, any cont ract under whi ch a person,
not bei ng a member of a defence servi ce or of an al l -Indi a servi ce or of a
ci vi l servi ce of t he Uni on or a St at e, i s appoi nt ed under t hi s Const i t ut i on
t o hol d such a post may, i f t he Presi dent or t he Governor, as t he case may
be, deems i t necessary i n order t o secure t he servi ces of a person havi ng
speci al qual i fi cat i ons, provi de for t he payment t o hi m of compensat i on, i f
before t he expi rat i on of an agreed peri od t hat post i s abol i shed or he i s, for
reasons not connect ed wi t h any mi sconduct on hi s part , requi red t o vacat e
t hat post .
311. Di smi ssal , removal or reducti on i n rank of persons empl oyed i n
ci vi l capaci ti es under the Uni on or a State. (1) No person who i s a
member of a ci vi l s ervi ce of t he Uni on or an al l -Indi a servi ce or a ci vi l
servi ce of a St at e or hol ds a ci vi l post under t he Uni on or a St at e shal l be

127



128 THE CONSTITUTION OF INDIA


di smi ssed or removed by an aut hori t y subordi nat e t o t hat by whi ch he was
appoi nt ed.
(2) No such person as aforesai d shal l be di smi ssed or removed or
reduced i n rank except aft er an i nqui ry i n whi ch he has been i nformed of
t he charges agai nst hi m and gi ven a reasonabl e opport uni t y of bei ng heard
i n respect of t hose charges:
Provi ded t hat where i t i s proposed aft er such i nqui ry, t o i mpose upon
hi m any such penal t y, such penal t y may be i mposed on t he basi s of t he
evi dence adduced duri ng such i nqui ry and i t shal l not be necessary t o gi ve
such person any opport uni t y of maki ng represent at i on on t he penal t y
proposed:
Provi ded furt her t hat t hi s cl ause shal l not appl y
(a) where a person i s di smi ssed or removed or reduced i n rank on
t he ground of conduct whi ch has l ed t o hi s convi ct i on on a cri mi nal
charge; or
(b) where t he aut hori t y empowered t o di smi ss or remove a person or
t o reduce hi m i n rank i s sat i sfi ed t hat for some reason, t o be recorded
by t hat aut hori t y i n wri t i ng, i t i s not reasonabl y pract i cabl e t o hol d
such i nqui ry; or
(c) where t he Presi dent or t he Governor, as t he case may be, i s
sat i sfi ed t hat i n t he i nt erest of t he securi t y of t he St at e i t i s not
expedi ent t o hol d such i nqui ry.
(3) If, i n respect of any such person as aforesai d, a quest i on ari ses
whet her i t i s reasonabl y pract i cabl e t o hol d such i nqui ry as i s referred t o i n
cl ause (2), t he deci si on t hereon of t he aut hori t y empowered t o di smi ss or
remove such person or t o reduce hi m i n rank shal l be fi nal .
312. Al l -Indi a servi ces. (1) Not wi t hst andi ng anyt hi ng i n Chapt er VI of
Part VI or Part XI, i f t he Counci l of St at es has decl ared by resol ut i on
support ed by not l ess t han t wo-t hi rds of t he members present and vot i ng
t hat i t i s necessary or expedi ent i n t he nat i onal i nt erest so t o do,
Parl i ament may by l aw provi de for t he creat i on of one or more al l Indi a
servi ces (i ncl udi ng an al l -Indi a j udi ci al servi ce) common t o t he Uni on and
t he St at es, and, subj ect t o t he ot her provi si ons of t hi s Chapt er, regul at e t he
recrui t ment , and t he condi t i ons of servi ce of persons appoi nt ed, t o any
such servi ce.
(2) The servi ces known at t he commencement of t hi s Const i t ut i on as t he
Indi an Admi ni st rat i ve Servi ce and t he Indi an Pol i ce Servi ce shal l be
deemed t o be servi ces creat ed by Par l i ament under t hi s art i cl e.
(3) The al l -Indi a j udi ci al servi ce referred t o i n cl ause (1) shal l not
i ncl ude any post i nferi or t o t hat of a di st ri ct j udge as defi ned i n art i cl e
236.
(4) The l aw provi di ng for t he creat i on of t he al l -Indi a j udi ci al servi ce
aforesai d may cont ai n such provi si ons for t he amendment of Chapt er VI of
Part VI as may be necessary for gi vi ng effect t o t he provi si ons of t hat l aw


129 THE CONSTITUTION OF INDIA


and no such l aw shal l be deemed t o be an amendment of t hi s Const i t ut i on
for t he purposes of art i cl e 368.
312A. Power of Parl i ament to vary or revoke condi ti ons of servi ce of
of fi cers of certai n servi ces. (1) Parl i ament may by l aw
(a) vary or revoke, whet her pr ospect i vel y or ret rospect i vel y, t he
condi t i ons of servi ces as respect s remunerat i on, l eave and pensi on and
t he ri ght s as respect s di sci pl i nar y mat t ers of persons who, havi ng been
appoi nt ed by t he Secret ary of St at e or Secret ary of St at e i n Counci l t o a
ci vi l servi ce of t he Crown i n Indi a before t he commencement of t hi s
Const i t ut i on, cont i nue on and aft er t he commencement of t he
Const i t ut i on (Twent y-ei ght h Amendment ) Act , 1972, t o serve under t he
Government of Indi a or of a St at e i n any servi ce or post ;
(b) var y or revoke, whet her prospect i vel y or ret r ospect i vel y, t he
condi t i ons of servi ce as respect s pensi on of persons who, havi ng been
appoi nt ed by t he Secret ary of St at e or Secret ary of St at e i n Counci l t o a
ci vi l servi ce of t he Crown i n Indi a before t he commencement of t hi s
Const i t ut i on, ret i red or ot herwi se ceased t o be i n servi ce at any t i me
before t he commencement of t he Const i t ut i on (Twent y-ei ght h
Amendment ) Act , 1972:
Provi ded t hat i n t he case of any such person who i s hol di ng or has hel d
t he of fi ce of t he Chi ef Just i ce or ot her Judge of t he Supreme Court or a
Hi gh Court , t he Compt rol l er and Audi t or -General of Indi a, t he Chai rman or
ot her member of t he Uni on or a St at e Publ i c Servi ce Commi ssi on or t he
Chi ef El ect i on Commi ssi oner, not hi ng i n sub-cl ause ( a) or sub-cl ause ( b)
shal l be const rued as empoweri ng Parl i ament t o vary or revoke, aft er hi s
appoi nt ment t o such post , t he condi t i ons of hi s servi ce t o hi s di sadvant age
except i n so far as such condi t i ons of servi ce are appl i cabl e t o hi m by
reason of hi s bei ng a person appoi nt ed by t he Secret ary of St at e or
Secret ary of St at e i n Counci l t o a ci vi l servi ce of t he Crown i n Indi a.
(2) Except t o t he ext ent provi ded for by Parl i ament by l aw under t hi s
art i cl e, not hi ng i n t hi s art i cl e shal l affect t he power of any Legi sl at ure or
ot her aut hori t y under any ot her provi si on of t hi s Const i t ut i on t o regul at e
t he condi t i ons of servi ce of per sons referred t o i n cl ause (1).
(3) Nei t her t he Supreme Court nor any ot her court shal l have
j uri sdi ct i on i n
(a) any di sput e ari si ng out of any provi si on of, or any endorsement
on, any covenant , agreement or ot her si mi l ar i nst rument whi ch was
ent ered i nt o or execut ed by any person referred t o i n cl ause (1), or
ari si ng out of any l et t er i ssued t o such person, i n rel at i on t o hi s
appoi nt ment t o any ci vi l servi ce of t he Crown i n Indi a or hi s
cont i nuance i n servi ce under t he Government of t he Domi ni on of Indi a
or a Provi nce t hereof;
(b) any di sput e i n respect of any ri ght , l i abi l i t y or obl i gat i on under
art i cl e 314 as ori gi nal l y enact ed.


130 THE CONSTITUTION OF INDIA


(4) The provi si ons of t hi s art i cl e shal l have effect not wi t hst andi ng
anyt hi ng i n art i cl e 314 as ori gi nal l y enact ed or i n any ot her provi si on of
t hi s Const i t ut i on.
313. Transi ti onal provi si ons. Unt i l ot her provi si on i s made i n t hi s
behal f under t hi s Const i t ut i on, al l t he l aws i n force i mmedi at el y before t he
commencement of t hi s Const i t ut i on and appl i cabl e t o any publ i c servi ce or
any post whi ch cont i nues t o exi st aft er t he commencement of t hi s
Const i t ut i on, as an al l -Indi a servi ce or as servi ce or post under t he Uni on
or a St at e shal l cont i nue i n force so far as consi st ent wi t h t he provi si ons of
t hi s Const i t ut i on.
314. [Provi si on f or prot ect i on of exi st i ng of f i cers of cert ai n servi ces. ]
Rep. by t he Const i t ut i on (Twent y-ei ght h Amendment ) Act , 1972, s. 3 (w. e. f .
29-8-1972).
CHAPTER II. PUBLI C SERVI CE COMMISSIONS
315. Publ i c Servi ce Commi ssi ons f or the Uni on and f or the States.
(1) Subj ect t o t he provi si ons of t hi s art i cl e, t here shal l be a Publ i c
Servi ce Commi ssi on for t he Uni on and a Publ i c Servi ce Commi ssi on for
each St at e.
(2) Two or more St at es may agr ee t hat t here shal l be one Publ i c Servi ce
Commi ssi on for t hat group of St at es, and i f a resol ut i on t o t hat effect i s
passed by t he House or, where t here are t wo Houses, by each House of t he
Legi sl at ure of each of t hose St at es, Parl i ament may by l aw provi de for t he
appoi nt ment of a Joi nt St at e Publ i c Servi ce Commi ssi on (referred t o i n t hi s
Chapt er as Joi nt Commi ssi on) t o serve t he needs of t hose St at es.
(3) Any such l aw as aforesai d may cont ai n such i nci dent al and
consequent i al provi si ons as may be necessary or desi rabl e for gi vi ng effect
t o t he purposes of t he l aw.
(4) The Publ i c Servi ce Commi ssi on for t he Uni on, i f request ed so t o do
by t he Governor of a St at e may, wi t h t he approval of t he Presi dent , agree
t o serve al l or any of t he needs of t he St at e.
(5) References i n t hi s Const i t ut i on t o t he Uni on Publ i c Servi ce
Commi ssi on or a St at e Publ i c Servi ce Commi ssi on shal l , unl ess t he cont ext
ot herwi se requi res, be const rued as reference s t o t he Commi ssi on servi ng
t he needs of t he Uni on or, as t he case may be, t he St at e as respect s t he
part i cul ar mat t er i n quest i on.
316. Appoi ntment and term of of fi ce of members. (1) The Chai rman
and ot her members of a Publ i c Servi ce Commi ssi on shal l be appoi nt ed, i n
t he case of t he Uni on Commi ssi on or a Joi nt Commi ssi on, by t he
Presi dent , and i n t he case of a St at e Commi ssi on, by t he Governor of t he
St at e:
Provi ded t hat as nearl y as may be one -hal f of t he members of ever y
Publ i c Servi ce Commi ssi on shal l be persons who at t he dat es of t hei r
respect i ve appoi nt ment s have hel d offi ce for at l east t en years ei t her under


131 THE CONSTITUTION OF INDIA


t he Government of Indi a or under t he Government of a St at e, and i n
comput i ng t he sai d peri od of t en years any peri od before t he
commencement of t hi s Const i t ut i on duri ng whi ch a person has hel d offi ce
under t he Crown i n Indi a or under t he Government of an Indi an St at e shal l
be i ncl uded.
(1A) If t he offi ce of t he Chai rman of t he Commi ssi on becomes vacant or
i f any such Chai rman i s by reason of absence or for any ot her reason
unabl e t o perform t he dut i es of hi s offi ce, t hose dut i es shal l , unt i l some
person appoi nt ed under cl ause (1) t o t he vacant offi ce has ent ered on t he
dut i es t hereof or, as t he case may be, unt i l t he Chai rman has resumed hi s
dut i es, be performed by such one of t he ot her members of t he Commi ssi on
as t he Presi dent , i n t he case of t he Uni on Commi ssi on or a Joi nt
Commi ssi on, and t he Governor of t he St at e i n t he case of a St at e
Commi ssi on, may appoi nt for t he purpose.
(2) A member of a Publ i c Servi ce Commi ssi on shal l hol d offi ce for a
t erm of si x years fr om t he dat e on whi ch he ent ers upon hi s offi ce or unt i l
he at t ai ns, i n t he case of t he Uni on Commi ssi on, t he age of si xt y -fi ve
years, and i n t he case of a St at e Commi ssi on or a Joi nt Commi ssi on, t he
age of si xt y-t wo years, whi chever i s earl i er:
Provi ded t hat
(a) a member of a Publ i c Servi ce Commi ssi on may, by wri t i ng
under hi s hand addressed, i n t he case of t he Uni on Commi ssi on or a
Joi nt Commi ssi on, t o t he Presi dent , and i n t he case of a St at e
Commi ssi on, t o t he Governor of t he St at e, resi gn hi s offi ce;
(b) a member of a Publ i c Servi ce Commi ssi on may be removed from
hi s offi ce i n t he manner provi ded i n cl ause (1) or cl ause (3) of art i cl e
317.
(3) A person who hol ds offi ce as a member of a Publ i c Servi ce
Commi ssi on shal l , on t he expi rat i on of hi s t erm of offi ce, be i nel i gi bl e for
re-appoi nt ment t o t hat offi ce.
317. Removal and suspensi on of a member of a Publ i c Servi ce
Commi ssi on. (1) Subj ect t o t he provi si ons of cl ause (3), t he Chai rman or
any ot her member of a Publ i c Servi ce Commi ssi on shal l onl y be removed
fr om hi s offi ce by order of t he Presi dent on t he ground of mi sbehavi our
aft er t he Supreme Court , on reference bei ng made t o i t by t he Presi dent ,
has, on i nqui ry hel d i n accordance wi t h t he procedure prescri bed i n t hat
behal f under art i cl e 145, report ed t hat t he Chai rman or such ot her member,
as t he case may be, ought on any such ground t o be removed.
(2) The Presi dent , i n t he case of t he Uni on Commi ssi on or a Joi nt
Commi ssi on, and t he Governor i n t he case of a St at e Commi ssi on, may
suspend from offi ce t he Chai rman or any ot her member of t he Commi ssi on
i n respect of whom a reference has been made t o t he Supreme Court unde r
cl ause (1) unt i l t he Presi dent has passed orders on recei pt of t he report of
t he Supreme Court on such reference.


132 THE CONSTITUTION OF INDIA


(3) Not wi t hst andi ng anyt hi ng i n cl ause (1), t he Presi dent may by order
remove from offi ce t he Chai rman or any ot her member of a Publ i c Serv i ce
Commi ssi on i f t he Chai rman or such ot her member, as t he case may be,
(a) i s adj udged an i nsol vent ; or
(b) engages duri ng hi s t erm of offi ce i n any pai d empl oyment out si de
t he dut i es of hi s offi ce; or
(c) i s, i n t he opi ni on of t he Presi dent , unfi t t o cont i nue i n offi ce by
reason of i nfi rmi t y of mi nd or body.
(4) If t he Chai rman or any ot her member of a Publ i c Servi ce
Commi ssi on i s or becomes i n any way concerned or i nt erest ed i n any
cont ract or agreement made by or on behal f of t he Gove rnment of Indi a or
t he Government of a St at e or part i ci pat es i n any way i n t he profi t t hereof
or i n any benefi t or emol ument ari si ng t herefrom ot herwi se t han as a
member and i n common wi t h t he ot her members of an i ncorporat ed
company, he shal l , for t he purposes of cl ause (1), be deemed t o be gui l t y
of mi sbehavi our.
318. Power to make regul ati ons as to condi ti ons of servi ce of
members and staff of the Commi ssi on. In t he case of t he Uni on
Commi ssi on or a Joi nt Commi ssi on, t he Presi dent and, i n t he case of a
St at e Commi ssi on, t he Governor of t he St at e may by regul at i ons
(a) det ermi ne t he number of members of t he Commi ssi on and t hei r
condi t i ons of servi ce; and
(b) make provi si on wi t h respect t o t he number of members of t he
st aff of t he Commi ssi on and t hei r condi t i ons of servi ce:
Provi ded t hat t he condi t i ons of servi ce of a member of a Publ i c Servi ce
Commi ssi on shal l not be vari ed t o hi s di sadvant age aft er hi s appoi nt ment .
319. Prohi bi ti on as to the hol di ng of off i ces by members of
Commi ssi on on ceasi ng to be such members. On ceasi ng t o hol d
offi ce
(a) t he Chai rman of t he Uni on Publ i c Servi ce Commi ssi on shal l be
i nel i gi bl e for furt her empl oyment ei t her under t he Government of Indi a
or under t he Government of a St at e;
(b) t he Chai rman of a St at e Publ i c Servi ce Commi ssi on shall be
el i gi bl e for appoi nt ment as t he Chai rman or any ot her member of t he
Uni on Publ i c Servi ce Commi ssi on or as t he Chai rman of any ot her St at e
Publ i c Servi ce Commi ssi on, but not for any ot her empl oyment ei t her
under t he Government of Indi a or under t he Government of a St at e;
(c) a member ot her t han t he Chai rman of t he Uni on Publ i c Servi ce
Commi ssi on shal l be el i gi bl e for appoi nt ment as t he Chai rman of t he
Uni on Publ i c Servi ce Commi ssi on or as t he Cha i rman of a St at e Publ i c
Servi ce Commi ssi on, but not for any ot her empl oyment ei t her under t he
Government of Indi a or under t he Government of a St at e;


133 THE CONSTITUTION OF INDIA


(d) a member ot her t han t he Chai rman of a St at e Publ i c Servi ce
Commi ssi on shal l be el i gi bl e for appoi nt men t as t he Chai rman or any
ot her member of t he Uni on Publ i c Servi ce Commi ssi on or as t he
Chai rman of t hat or any ot her St at e Publ i c Servi ce Commi ssi on, but not
for any ot her empl oyment ei t her under t he Government of Indi a or under
t he Government of a St at e.
320. Functi ons of Publ i c Servi ce Commi ssi ons. (1) It shal l be t he
dut y of t he Uni on and t he St at e Publ i c Servi ce Commi ssi ons t o conduct
exami nat i ons for appoi nt ment s t o t he servi ces of t he Uni on and t he
servi ces of t he St at e respect i vel y.
(2) It shal l al so be t he dut y of t he Uni on Publ i c Servi ce Commi ssi on, i f
request ed by any t wo or more St at es so t o do, t o assi st t hose St at es i n
frami ng and operat i ng schemes of j oi nt recrui t ment for any s ervi ces for
whi ch candi dat es possessi ng speci al qual i fi cat i ons are r equi red.
(3) The Uni on Publ i c Servi ce Commi ssi on or t he St at e Publ i c Servi ce
Commi ssi on, as t he case may be, shal l be consul t ed
(a) on al l mat t ers rel at i ng t o met hods of recrui t ment t o ci vi l
servi ces and for ci vi l post s;
(b) on t he pri nci pl es t o be fol l owed i n maki ng appoi nt ment s t o ci vi l
servi ces and post s and i n maki ng promot i ons and t ransfers from one
servi ce t o anot her and on t he sui t abi l i t y of candi dat es for such
appoi nt ment s, promot i ons or t ransfers;
(c) on al l di sci pl i nary mat t ers affect i ng a person servi ng under t he
Government of Indi a or t he Government of a St at e i n a ci vi l capaci t y,
i ncl udi ng memori al s or pet i t i ons rel at i ng t o such mat t ers;
(d) on any cl ai m by or i n respect of a person who i s servi ng or has
served under t he Government of Indi a or t he Government of a St at e or
under t he Crown i n Indi a or under t he Government of an Indi an St at e, i n
a ci vi l capaci t y, t hat any cost s i ncurred by hi m i n defendi ng l egal
proceedi ngs i nst i t ut ed agai nst hi m i n respect of act s done or purport i ng
t o be done i n t he execut i on of hi s dut y shoul d be pai d out of t he
Consol i dat ed Fund of Indi a, or, as t he case may be, out of t he
Consol i dat ed Fund of t he St at e;
(e) on any cl ai m for t he award of a pensi on i n respect of i nj uri es
sust ai ned by a person whi l e servi ng under t he Government of Indi a or
t he Government of a St at e or under t he Crown i n Indi a or under t he
Government of an Indi an St at e, i n a ci vi l capaci t y, and any quest i on as
t o t he amount of any such award,
and i t shal l be t he dut y of a Publ i c Servi ce Commi ssi on t o advi se on any
mat t er so referred t o t hem and on any ot her mat t er whi ch t he Presi dent , or,
as t he case may be, t he Governor of t he St at e, may refer t o t hem:
Provi ded t hat t he Presi dent as respect s t he al l -Indi a servi ces and al so as
respect s ot her servi ces and post s i n connect i on wi t h t he affai rs of t he
Uni on, and t he Governor, as respect s ot her servi ces and post s i n


134 THE CONSTITUTION OF INDIA


connect i on wi t h t he affai rs of a St at e, may make regul at i ons speci fyi ng t he
mat t ers i n whi ch ei t her general l y, or i n any part i cul ar cl ass of case or i n
any part i cul ar ci rcumst ances, i t shal l not be necessary for a Publ i c Servi ce
Commi ssi on t o be consul t ed.
(4) Not hi ng i n cl ause (3) shal l requi re a Publ i c Servi ce Commi ssi on t o
be consul t ed as respect s t he manner i n whi ch any provi si on referred t o i n
cl ause (4) of art i cl e 16 may be made or as respect s t he manner i n whi ch
effect may be gi ven t o t he provi si ons of art i cl e 335.
(5) Al l regul at i ons made under t he provi so t o cl ause (3) by t he Presi dent
or t he Governor of a St at e shal l be l ai d for not l ess t han fourt een days
before each House of Par l i ament or t he House or each House of t he
Legi sl at ure of t he St at e, as t he case may be, as soon as possi bl e aft er t hey
are made, and shal l be subj ect t o such modi fi cat i ons, whet her by way of
repeal or amendment , as bot h Houses of Parl i ament or t he House or bot h
Houses of t he Legi sl at ure of t he St at e may make duri ng t he sessi on i n
whi ch t hey are so l ai d.
321. Power to extend f uncti ons of Publ i c Servi ce Commi ssi ons. An
Act made by Par l i ament or, as t he case may be, t he Legi sl at ure of a St at e
may provi de for t he exerci se of addi t i onal funct i ons by t he Uni on Publ i c
Servi ce Commi ssi on or t he St at e Publ i c Servi ce Commi ssi on as respect s
t he servi ces of t he Uni on or t he St at e and al so as respect s t he servi ces of
any l ocal aut hori t y or ot her body corporat e const i t ut ed by l aw or of any
publ i c i nst i t ut i on.
322. Expenses of Publ i c Servi ce Commi ssi ons. The expenses of t he
Uni on or a St at e Publ i c Servi ce Commi ssi on, i ncl udi ng any sal ari es,
al l owances and pensi ons payabl e t o or i n respect of t he members or st aff of
t he Commi ssi on, shal l be charged on t he Consol i dat ed Fund of Indi a or, as
t he case may be, t he Consol i dat ed Fund of t he St at e.
323. Reports of Publ i c Servi ce Commi ssi ons. (1) It shal l be t he dut y
of t he Uni on Commi ssi on t o present annual l y t o t he Presi dent a report as t o
t he work done by t he Commi ssi on and on recei pt of such report t he
Presi dent shal l cause a copy t hereof t oget her wi t h a memorandum
expl ai ni ng, as respect s t he cases, i f any, where t he advi ce of t he
Commi ssi on was not accept ed, t he reasons for such non -accept ance t o be
l ai d before each House of Par l i ament .
(2) It shal l be t he dut y of a St at e Commi ssi on t o present annual l y t o t he
Governor of t he St at e a report as t o t he work done by t he Commi ssi on, an d
i t shal l be t he dut y of a Joi nt Commi ssi on t o present annual l y t o t he
Governor of each of t he St at es t he needs of whi ch are served by t he Joi nt
Commi ssi on a report as t o t he work done by t he Commi ssi on i n rel at i on t o
t hat St at e, and i n ei t her case t he Governor, shal l , on recei pt of s uch report ,
cause a copy t hereof t oget her wi t h a memorandum expl ai ni ng, as respect s
t he cases, i f any, where t he advi ce of t he Commi ssi on was not accept ed,
t he reasons for such non-accept ance t o be l ai d before t he Legi sl at ure of t he
St at e.


135 THE CONSTITUTION OF INDIA


PART XIVA
TRIBUNALS
323A. Admi ni strati ve tri bunal s. (1) Parl i ament may, by l aw, provi de
for t he adj udi cat i on or t ri al by admi ni st rat i ve t ri bunal s of di sput es and
compl ai nt s wi t h respect t o recrui t ment and condi t i ons of servi ce of persons
appoi nt ed t o publ i c servi ces and post s i n connect i on wi t h t he affai rs of t he
Uni on or of any St at e or of any l ocal or ot her aut hori t y wi t hi n t he t erri t ory
of Indi a or under t he cont rol of t he Government of Indi a or of any
corporat i on owned or cont rol l ed by t he Government .
(2) A l aw made under cl ause (1) may
(a) provi de for t he est abl i shment of an admi ni st rat i ve t ri bunal for
t he Uni on and a separat e admi ni st rat i ve t ri bunal for each St at e or for
t wo or more St at es;
(b) speci fy t he j uri sdi ct i on, powers (i ncl udi ng t he power t o puni sh
for cont empt ) and aut hori t y whi ch may be exerci sed by each of t he sai d
t ri bunal s;
(c) provi de for t he procedure (i ncl udi ng provi si ons as t o l i mi t at i on
and rul es of evi dence) t o be fol l owed by t he sai d t ri bunal s;
(d) excl ude t he j uri sdi ct i on of al l court s, except t he j uri sdi ct i on of
t he Supreme Court under art i cl e 136, wi t h respect t o t he di sput es or
compl ai nt s referred t o i n cl ause (1);
(e) provi de for t he t ransfer t o each such admi ni st rat i ve t ri bunal of
any cases pendi ng before any court or ot her aut hori t y i mmedi at el y
before t he est abl i shment of such t ri bunal as woul d have been wi t hi n t he
j uri sdi ct i on of such t ri bunal i f t he causes of act i on on whi ch such sui t s
or proceedi ngs are based had ari sen aft er such est abl i shment ;
(f ) repeal or amend any order made by t he Presi dent under cl ause (3)
of art i cl e 371D;
(g) cont ai n such suppl ement al , i nci dent al and consequent i al
provi si ons (i ncl udi ng provi si ons as t o fees) as Parl i ament may deem
necessary for t he effect i ve funct i oni ng of, and for t he speedy di sposal
of cases by, and t he enforcement of t he orders of, such t ri bunal s.
(3) The provi si ons of t hi s art i cl e shal l have effect not wi t hst andi ng
anyt hi ng i n any ot her provi si on of t hi s Const i t ut i on or i n any ot her l aw for
t he t i me bei ng i n force.
323B. Tri bunal s f or other matters. (1) The appropri at e Legi sl at ure
may, by l aw, provi de for t he adj udi cat i on or t ri al by t ri bunal s of any
di sput es, compl ai nt s, or offences wi t h respect t o al l or any of t he mat t ers
speci fi ed i n cl ause (2) wi t h respect t o whi ch such Legi sl at ure has power t o
make l aws.
(2) The mat t ers referred t o i n clause (1) are t he fol l owi ng, namel y:
(a) l evy, assessment , col l ect i on and enforcement of any t ax;

135


136 THE CONSTITUTION OF INDIA


(b) forei gn exchange, i mport and export across cust oms front i ers;
(c) i ndust ri al and l abour di sput es;
(d) l and reforms by way of acqui si t i on by t he St at e of any est at e as
defi ned i n art i cl e 31A or of any ri ght s t herei n or t he ext i ngui shment or
modi fi cat i on of any such ri ght s or by way of cei l i ng on agri cul t ural l and
or i n any ot her way;
(e) cei l i ng on urban propert y;
(f ) el ect i ons t o ei t her House of Parl i ament or t he House or ei t her
House of t he Legi sl at ure of a St at e, but excl udi ng t he mat t ers referred
t o i n art i cl e 329 and art i cl e 329A;
(g) product i on, procurement , suppl y a nd di st ri but i on of food-st uffs
(i ncl udi ng edi bl e oi l seeds and oi l s) and such ot her goods as t he
Presi dent may, by publ i c not i fi cat i on, decl are t o be essent i al goods for
t he purpose of t hi s art i cl e and cont rol of pri ces of such goods;
(h) rent , i t s regul at i on and cont rol and t enancy i ssues i ncl udi ng t he
ri ght , t i t l e and i nt erest of l andl ords and t enant s;
(i ) offences agai nst l aws wi t h respect t o any of t he mat t ers speci fi ed
i n sub-cl auses (a) t o ( h) and fees i n respect of any of t hose mat t ers;
(j ) any mat t er i nci dent al t o any of t he mat t ers speci fi ed i n sub -
cl auses ( a) t o ( i ).
(3) A l aw made under cl ause (1) may
(a) provi de for t he est abl i shment of a hi erarchy of t ri bunal s;
(b) speci fy t he j uri sdi ct i on, powers (i ncl udi ng t he power t o puni sh
for cont empt ) and aut hori t y whi ch may be exerci sed by each of t he sai d
t ri bunal s;
(c) provi de for t he procedure (i ncl udi ng provi si ons as t o l i mi t at i on
and rul es of evi dence) t o be fol l owed by t he sai d t ri bunal s;
(d) excl ude t he j uri sdi ct i on of al l court s, except t he j uri sdi ct i on of
t he Supreme Court under art i cl e 136, wi t h respect t o al l or any of t he
mat t ers fal l i ng wi t hi n t he j uri sdi ct i on of t he sai d t ri bunal s;
(e) provi de for t he t ransfer t o each such t ri bunal of any cases
pendi ng before any court or any ot her aut hori t y i mmedi at el y before t he
est abl i shment of such t ri bunal as woul d have been wi t hi n t he
j uri sdi ct i on of such t ri bunal i f t he causes of act i on on whi ch such sui t s
or proceedi ngs are based had ari sen aft er such est abl i shment ;
(f ) cont ai n such suppl ement al , i nci dent al and consequent i al
provi si ons (i ncl udi ng provi si ons as t o fees) as t he appropri at e
Legi sl at ure may deem necessary for t he effect i ve funct i oni ng of, and for
t he speedy di sposal of cases by, and t he enforcement of t he orders of,
such t ri bunal s.


137 THE CONSTITUTION OF INDIA


(4) The provi si ons of t hi s art i cl e shal l have effect not wi t hst andi ng
anyt hi ng i n any ot her provi si on of t hi s Const i t ut i on or i n any ot her l aw for
t he t i me bei ng i n force.
Expl anat i on. In t hi s art i cl e, appropri at e Legi sl at ure, i n relat i on t o
any mat t er , means Parl i ament or, as t he case may be, a St at e Legi sl at ure
compet ent t o make l aws wi t h respect t o such mat t er i n accordance wi t h t he
provi si ons of Part XI.


138 THE CONSTITUTION OF INDIA


PART XV
ELECTIONS
324. Superi ntendence, di recti on and control of el ecti ons to be vested
i n an El ecti on Commi ssi on. (1) The superi nt endence, di rect i on and
cont rol of t he preparat i on of t he el ect oral r ol l s for, and t he conduct of, al l
el ect i ons t o Parl i ament and t o t he Legi sl at ure of ever y St at e and of
el ect i ons t o t he offi ces of Presi dent and Vi c e-Presi dent hel d under t hi s
Const i t ut i on shal l be vest ed i n a Commi ssi on (referred t o i n t hi s
Const i t ut i on as t he El ect i on Commi ssi on).
(2) The El ect i on Commi ssi on shal l consi st of t he Chi ef El ect i on
Commi ssi oner and such number of ot her El ect i on Commi ssi o ners, i f any, as
t he Presi dent may from t i me t o t i me fi x and t he appoi nt ment of t he Chi ef
El ect i on Commi ssi oner and ot her El ect i on Commi ssi oners shal l , subj ect t o
t he provi si ons of any l aw made i n t hat behal f by Par l i ament , be made by
t he Presi dent .
(3) When any ot her El ect i on Commi ssi oner i s so appoi nt ed t he Chi ef
El ect i on Commi ssi oner shal l act as t he Chai rman of t he El ect i on
Commi ssi on.
(4) Before each general el ect i on t o t he House of t he Peopl e and t o t he
Legi sl at i ve Assembl y of each St at e, and before t he fi rst general el ect i on
and t hereaft er before each bi enni al el ect i on t o t he Legi sl at i ve Counci l of
each St at e havi ng such Counci l , t he Presi dent may al so appoi nt aft er
consul t at i on wi t h t he El ect i on Commi ssi on such Regi onal Commi ssi oners
as he may consi der necessary t o assi st t he El ect i on Commi ssi on i n t he
performance of t he funct i ons conferred on t he Commi ssi on by cl ause (1).
(5) Subj ect t o t he provi si ons of any l aw made by Par l i ament , t he
condi t i ons of servi ce and t enure of offi ce of t he El ect i on Commi s si oners
and t he Regi onal Commi ssi oners shal l be such as t he Presi dent may by rul e
det ermi ne:
Provi ded t hat t he Chi ef El ect i on Commi ssi oner shal l not be removed
fr om hi s offi ce except i n l i ke manner and on t he l i ke grounds as a Judge of
t he Supreme Court and t he condi t i ons of servi ce of t he Chi ef El ect i on
Commi ssi oner shal l not be vari ed t o hi s di sadvant age aft er hi s
appoi nt ment :
Provi ded furt her t hat any ot her El ect i on Commi ssi oner or a Regi onal
Commi ssi oner shal l not be removed from offi ce except on t he
recommendat i on of t he Chi ef El ect i on Commi ssi oner.
(6) The Presi dent , or t he Governor of a St at e, shal l , when so r equest ed
by t he El ect i on Commi ssi on, make avai l abl e t o t he El ect i on Commi ssi on or
t o a Regi onal Commi ssi oner such st aff as may be neces sar y for t he
di scharge of t he funct i ons conferred on t he El ect i on Commi ssi on by cl ause
(1).

138


139 THE CONSTITUTION OF INDIA


325. No person to be i nel i gi bl e f or i ncl usi on i n, or t o cl ai m to be
i ncl uded i n a speci al , el ectoral rol l on grounds of rel i gi on, race, caste
or sex. There shal l be one general el ect oral rol l for ever y t erri t ori al
const i t uency for el ect i on t o ei t her House of Par l i ament or t o t he House or
ei t her House of t he Legi sl at ure of a St at e and no person shal l be i nel i gi bl e
for i ncl usi on i n any such rol l or cl ai m t o be i ncl ude d i n any speci al
el ect oral r ol l for any such const i t uency on grounds onl y of rel i gi on, race,
cast e, sex or any of t hem.
326. El ecti ons to the House of the Peopl e and to the Legi sl ati ve
Assembl i es of States to be on t he basi s of adul t suff rage. The el ect i ons
t o t he House of t he Peopl e and t o t he Legi sl at i ve Assembl y of ever y St at e
shal l be on t he basi s of adul t suffrage; t hat i s t o say, ever y person who i s a
ci t i zen of Indi a and who i s not l ess t han ei ght een years of age on such dat e
as may be fi xed i n t hat behal f by or under any l aw made by t he appropri at e
Legi sl at ure and i s not ot herwi se di squal i fi ed under t hi s Const i t ut i on or any
l aw made by t he appropri at e Legi sl at ure on t he ground of non -resi dence,
unsoundness of mi nd, cri me or corrupt or i l l egal pract i ce, shal l be ent i t l ed
t o be regi st ered as a vot er at any such el ect i on.
327. Power of Parl i ament to make provi si on wi th respect to el ecti ons
to Legi sl atures. Subj ect t o t he provi si ons of t hi s Const i t ut i on,
Parl i ament may fr om t i me t o t i me by l a w make provi si on wi t h respect t o
al l mat t ers rel at i ng t o, or i n connect i on wi t h, el ect i ons t o ei t her House of
Parl i ament or t o t he House or ei t her House of t he Legi sl at ure of a St at e
i ncl udi ng t he preparat i on of el ect oral rol l s, t he del i mi t at i on of
const i t uenci es and al l ot her mat t ers necessary for securi ng t he due
const i t ut i on of such House or Houses.
328. Power of Legi sl ature of a State to make provi si on wi th respect
to el ecti ons to such Legi sl ature. Subj ect t o t he provi si ons of t hi s
Const i t ut i on and i n so far as provi si on i n t hat behal f i s not made by
Parl i ament , t he Legi sl at ure of a St at e may fr om t i me t o t i me by l aw make
provi si on wi t h respect t o al l mat t ers rel at i ng t o, or i n connect i on wi t h, t he
el ect i ons t o t he House or ei t her House of t he Legi sl at ure of t he St at e
i ncl udi ng t he preparat i on of el ect oral r ol l s and al l ot her mat t ers necessary
for securi ng t he due const i t ut i on of such House or Houses.
329. Bar to i nterf erence by courts i n el ectoral matters.
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on
(a) t he val i di t y of any l aw rel at i ng t o t he del i mi t at i on of
const i t uenci es or t he al l ot ment of seat s t o such const i t uenci es, made or
purport i ng t o be made under art i cl e 327 or art i cl e 328, shal l not be
cal l ed i n quest i on i n any court ;
(b) no el ect i on t o ei t her House of Par l i ament or t o t he House or
ei t her House of t he Legi sl at ure of a St at e shal l be cal l ed i n quest i on
except by an el ect i on pet i t i on present ed t o such aut hori t y and i n such
manner as may be provi ded for by or under any l aw made by t he
appropr i at e Legi sl at ure.


140 THE CONSTITUTION OF INDIA


329A. [Speci al provi si on as t o el ect i ons t o Parl i ament i n t he case of
Pri me Mi ni st er and Speaker. ] Rep. by t he Const i t ut i on (Fort y -f ourt h
Amendment ) Act , 1978, s. 36 (w. e. f . 20-6-1979).


141 THE CONSTITUTION OF INDIA


PART XVI
SPECIAL PROVISIONS RELATING
TO CERTAIN CLASSES
330. Reservati on of seats f or Schedul ed Castes and Schedul ed Tri bes
i n the House of the Peopl e. (1) Seat s shal l be reserved i n t he House of
t he Peopl e for
(a) t he Schedul ed Cast es;
(b) t he Schedul ed Tri bes except t he Schedul ed Tri bes i n t he
aut onomous di st ri ct s of Assam; and
(c) t he Schedul ed Tri bes i n t he aut onomous di st ri ct s of Assam.
(2) The number of seat s reserved i n any St at e or Uni on t erri t ory for t he
Schedul ed Cast es or t he Schedul ed Tri bes under cl ause (1) shal l bear, as
nearl y as may be, t he same proport i on t o t he t ot al number of seat s al l ot t ed
t o t hat St at e or Uni on t erri t or y i n t he House of t he Peopl e as t he
popul at i on of t he Schedul ed Cast es i n t he St at e or Uni on t erri t ory or of t he
Schedul ed Tri bes i n t he St at e or Uni on t erri t ory or part of t he St at e or
Uni on t erri t ory, as t he case may be, i n respect of whi ch seat s are so
reserved, bears t o t he t ot al popul at i on of t he St at e or Uni on t erri t or y.
(3) Not wi t hst andi ng anyt hi ng cont ai ned i n cl ause (2), t he number of
seat s reserved i n t he House of t he Peopl e for t he Schedul ed Tri bes i n t he
aut onomous di st ri ct s of Assam shal l bear t o t he t ot al number of seat s
al l ot t ed t o t hat St at e a proport i on not l ess t han t he popul at i on of t he
Schedul ed Tri bes i n t he sai d aut onomous di st ri ct s bears t o t he t ot al
popul at i on of t he St at e.
Expl anat i on. In t hi s art i cl e and i n art i cl e 332, t he expressi on
popul at i on means t he popul at i on as ascert ai ned at t he l ast precedi ng
census of whi ch t he rel evant fi gures have been publ i shed:
Provi ded t hat t he reference i n t hi s Expl anat i on t o t he l ast precedi ng
census of whi ch t he rel evant fi gures have been publ i shed shal l , unt i l t he
rel evant fi gures for t he fi rst census t aken aft er t he year 2026 have been
publ i shed, be const rued as a reference t o t he 2001 census.
331. Representati on of the Angl o-Indi an Communi ty i n the House of
the Peopl e. Not wi t hst andi ng anyt hi ng i n art i cl e 81, t he Presi dent may, i f
he i s of opi ni on t hat t he Angl o-Indi an communi t y i s not adequat el y
represent ed i n t he House of t he Peopl e, nomi nat e not more t han t wo
members of t hat communi t y t o t he House of t he Peopl e.
332. Reservati on of seats f or Schedul ed Castes and Schedul ed Tri bes
i n the Legi sl ati ve Assembl i es of the States. (1) Seat s shal l be reserved
for t he Schedul ed Cast es and t he Schedul ed Tri bes, except t he Schedul ed
Tri bes i n t he aut onomous di st ri ct s of Assam, i n t he Legi sl at i ve Assembl y
of ever y St at e.

141


142 THE CONSTITUTION OF INDIA


(2) Seat s shal l be reserved al so for t he aut onomous di st ri ct s i n t he
Legi sl at i ve Assembl y of t he St at e of Assam.
(3) The number of seat s reserved for t he Schedul ed Cast es or t he
Schedul ed Tri bes i n t he Legi sl at i ve Assembl y of any St at e under cl ause (1)
shal l bear, as nearl y as may be, t he same proport i on t o t he t ot al number of
seat s i n t he Assembl y as t he popul at i on of t he Schedul ed Cast es i n t he
St at e or of t he Schedul ed Tri bes i n t he St at e or part of t he St at e, as t he
case may be, i n respect of whi ch seat s are so reserved, bears t o t he t ot al
popul at i on of t he St at e.
(3A) Not wi t hst andi ng anyt hi ng cont ai ned i n cl ause (3), unt i l t he t aki ng
effect , under art i cl e 170, of t he re-adj ust ment , on t he basi s of t he fi rst
census aft er t he year 2026, of t he number of seat s i n t he Legi sl at i ve
Assembl i es of t he St at es of Ar unachal Pradesh, Meghal aya, Mi zoram and
Nagal and, t he seat s whi ch shal l be reser ved for t he Schedul ed Tri bes i n t he
Legi sl at i ve Assembl y of any such St at e shal l be,
(a) i f al l t he seat s i n t he Legi sl at i ve Assembl y of such St at e i n
exi st ence on t he dat e of comi ng i nt o force of t he Const i t ut i on (Fi ft y -
sevent h Amendment ) Act , 1987 (hereaft er i n t hi s cl ause referred t o as
t he exi st i ng Assembl y) are hel d by members of t he Schedul ed Tri bes,
al l t he seat s except one;
(b) i n any ot her case, such number of seat s as bears t o t he t ot al
number of seat s, a proport i on not l ess t han t he nu mber (as on t he sai d
dat e) of members bel ongi ng t o t he Schedul ed Tri bes i n t he exi st i ng
Assembl y bears t o t he t ot al number of seat s i n t he exi st i ng Assembl y.
(3B) Not wi t hst andi ng anyt hi ng cont ai ned i n cl ause (3), unt i l t he re -
adj ust ment , under art i cl e 170, t akes effect on t he basi s of t he fi rst census
aft er t he year 2026, of t he number of seat s i n t he Legi sl at i ve Assembl y of
t he St at e of Tri pura, t he seat s whi ch shal l be reserved for t he Schedul ed
Tri bes i n t he Legi sl at i ve Assembl y shal l be, such number of seat s as bears
t o t he t ot al number of seat s, a proport i on not l ess t han t he number, as on
t he dat e of comi ng i nt o for ce of t he Const i t ut i on (Sevent y -second
Amendment ) Act , 1992, of members bel ongi ng t o t he Schedul ed Tri bes i n
t he Legi sl at i ve Assembl y i n exi st ence on t he sai d dat e bears t o t he t ot al
number of seat s i n t hat Assembl y.
(4) The number of seat s reserved for an aut onomous di st ri ct i n t he
Legi sl at i ve Assembl y of t he St at e of Assam shal l bear t o t he t ot al number
of seat s i n t hat Assembl y a proport i on not l ess t han t he popul at i on of t he
di st ri ct bears t o t he t ot al popul at i on of t he St at e.
(5) The const i t uenci es for t he seat s reserved for any aut onomous di st ri ct
of Assam shal l not compri se any area out si de t hat di st ri ct .
(6) No person who i s not a member of a Schedul ed Tri be of any
aut onomous di st ri ct of t he St at e of Assam shal l be el i gi bl e for el ect i on t o
t he Legi sl at i ve Assembl y of t he St at e from any const i t uency of t hat
di st ri ct :


143 THE CONSTITUTION OF INDIA


Provi ded t hat for el ect i ons t o t he Legi sl at i ve Assembl y of t he St a t e of
Assam, t he represent at i on of t he Schedul ed Tri bes and non -Schedul ed
Tri bes i n t he const i t uenci es i ncl uded i n t he Bodol and Terri t ori al Areas
Di st ri ct , so not i fi ed, and exi st i ng pri or t o t he const i t ut i on of Bodol and
Terri t ori al Areas Di st ri ct , shal l be mai nt ai ned.
333. Representati on of the Angl o-Indi an communi ty i n the
Legi sl ati ve Assembl i es of the States. Not wi t hst andi ng anyt hi ng i n
art i cl e 170, t he Governor of a St at e may, i f he i s of opi ni on t hat t he Angl o -
Indi an communi t y needs represent at i on i n t he Legi sl at i ve Assembl y of t he
St at e and i s not adequat el y represent ed t herei n, nomi nat e one member of
t hat communi t y t o t he Assembl y.
334. Reservation of seats and special representation to cease after sixty years.
Notwithstanding anything in the foregoing provisions of this Part, the provisions of this
Constitution relating to
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the
House of the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People and
in the Legislative Assemblies of the States by nomination,
shall cease to have effect on the expiration of a period of sixty years from the commencement
of this Constitution:
Provided that nothing in this article shall affect any representation in the House of the
People or in the Legislative Assembly of a State until the dissolution of the then existing
House or Assembly, as the case may be.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.The
claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into
consideration, consistently with the maintenance of efficiency of administration, in the
making of appointments to services and posts in connection with the affairs of the Union or of
a State:
Provided that nothing in this article shall prevent in making of any provision in favour of
the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying
marks in any examination or lowering the standards of evaluation, for reservation in matters
or promotion to any class or classes of services or posts in connection with the affairs of the
Union or of a State.
336. Special provision for Anglo-Indian community in certain services. (1) During
the first two years after the commencement of this Constitution, appointments of members of
the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of
the Union shall be made on the same basis as immediately before the fifteenth day of August,
1947.
During every succeeding period of two years, the number of posts reserved for the
members of the said community in the said services shall, as nearly as possible, be less by ten
per cent. than the numbers so reserved during the immediately preceding period of two years:
Provided that at the end of ten years from the commencement of this Constitution all such
reservations shall cease.


144 THE CONSTITUTION OF INDIA


(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian
community to posts other than, or in addition to, those reserved for the community under that
clause if such members are found qualified for appointment on merit as compared with the
members of other communities.
337. Special provision with respect to educational grants for the benefit of Anglo-
Indian community. During the first three financial years after the commencement of this
Constitution, the same grants, if any, shall be made by the Union and by each State for the
benefit of the Anglo-Indian community in respect of education as were made in the financial
year ending on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by ten per cent. than
those for the immediately preceding period of three years :
Provided that at the end of ten years from the commencement of this Constitution such
grants, to the extent to which they are a special concession to the Anglo-Indian community,
shall cease:
Provi ded furt her t hat no educat i onal i nst i t ut i on shal l be ent i t l ed t o
recei ve any grant under t hi s art i cl e unl ess at l east fort y per cent . of t he
annual admi ssi ons t herei n are made avai l abl e t o members of communi t i es
ot her t han t he Angl o-Indi an communi t y.
338. National Commission for Scheduled Castes. (1) There shall be a Commission
for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the
Commission shall consist of a Chairperson, Vice- Chairperson and three other Members and
the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other
Members so appointed shall be such as the President may by rule determine.
(3) The Chai rperson, Vi ce-Chai rperson and ot her Members of t he
Commi ssi on shal l be appoi nt ed by t he Presi dent by warrant under hi s hand
and seal .
(4) The Commi ssi on shal l have t he power t o regul at e i t s own procedure.
(5) It shal l be t he dut y of t he Commi ssi on
(a) t o i nvest i gat e and moni t or al l mat t ers rel at i ng t o t he safeguards
provi ded for t he Schedul ed Cast es under t hi s Const i t ut i on or under any
ot her l aw for t he t i me bei ng i n force or under any order of t he
Government and t o eval uat e t he worki ng of such safeguards;
(b) t o i nqui re i nt o speci fi c compl ai nt s wi t h respect t o t he
depri vat i on of ri ght s and safeguards of t he Schedul ed Cast es;
(c) t o part i ci pat e and advi se on t he pl anni ng process of soci o -
economi c devel opment of t he Schedul ed Cast es and t o eval uat e t he
progress of t hei r devel opment under t he Uni on and any St at e;
(d) t o present t o t he Presi dent , annual l y and at such ot her t i mes as
t he Commi ssi on may deem fi t , report s upon t he worki ng of t hose
safeguards;
(e) t o make i n such report s recommendat i ons as t o t he measures t hat
shoul d be t aken by t he Uni on or any St at e for t he effect i ve


145 THE CONSTITUTION OF INDIA


i mpl ement at i on of t hose safeguards and ot her measures for t he
prot ect i on, wel fare and soci o-economi c devel opment of t he Schedul ed
Cast es ; and
(f ) t o di scharge such ot her funct i ons i n rel at i on t o t he prot ect i on,
wel fare and devel opment and advancement of t he Schedul ed Cast es as
t he Presi dent may, subj ect t o t he provi si ons of any l aw made by
Parl i ament , by rul e speci fy.
(6) The Presi dent shal l cause al l such report s t o be l ai d before each
House of Parl i ament al ong wi t h a memorandum expl ai ni ng t he act i on t aken
or proposed t o be t aken on t he recommendat i ons rel at i ng t o t he Uni on and
t he reasons for t he non-accept ance, i f any, of any of such
recommendat i ons.
(7) Where any such report , or any part t hereof, rel at es t o any mat t er wi t h
whi ch any St at e Government i s concerned, a copy of such report shal l be
forwarded t o t he Governor of t he St at e who shal l cause i t t o be l ai d before
t he Legi sl at ure of t he St at e al ong wi t h a memorandum expl ai ni ng t he
act i on t aken or pr oposed t o be t aken on t he recommendat i ons rel at i ng t o
t he St at e and t he reasons for t he non-accept ance, i f any, of any of such
recommendat i ons.
(8) The Commi ssi on shal l , whi l e i nvest i gat i ng any mat t er refer red t o i n
sub-cl ause ( a) or i nqui ri ng i nt o any compl ai nt referred t o i n sub-cl ause ( b)
of cl ause (5), have al l t he powers of a ci vi l court t ryi ng a sui t and i n
part i cul ar i n respect of t he fol l owi ng mat t ers, namel y :
(a) summoni ng and enforci ng t he at t endance of any person from any
part of Indi a and exami ni ng hi m on oat h;
(b) requi ri ng t he di scover y and product i on of any document ;
(c) recei vi ng evi dence on affi davi t s;
(d) requi si t i oni ng any publ i c record or copy t hereof from any court
or offi ce;
(e) i ssui ng commi ssi ons for t he exami nat i on of wi t nesses an d
document s;
(f ) any ot her mat t er whi ch t he Presi dent may, by rul e, det ermi ne.
(9) The Uni on and every St at e Government shal l consul t t he Commi ssi on
on al l maj or pol i cy mat t es affect i ng Schedul ed Cast es.
(10) In t hi s art i cl e, references t o t he Schedul ed Ca st es shal l be
const rued as i ncl udi ng references t o such ot her backward cl asses as t he
Presi dent may, on recei pt of t he report of a Commi ssi on appoi nt ed under
cl ause (1) of art i cl e 340, by order speci fy and al so t o t he Angl o -Indi an
communi t y.
338A. National Commission for Scheduled Tribes.(1) There shall be a
Commission for the Scheduled Tribes to be known as the National Commission for the
Scheduled Tribes.


146 THE CONSTITUTION OF INDIA


(2) Subject to the provisions of any law made in this behalf by Parliament, the
Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and
the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other
Members so appointed shall be such as the President by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be
appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission
(a) to investigate and monitor all matters relating to the safeguards provided for
the Scheduled Tribes under this Constitution or under any other law for the time being
in force or under any order of the Government and to evaluate the working of such
safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their development
under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission
may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendation as to the measures that should be
taken by the Union or any State for the effective implementation of those safeguards
and other measures for the protection, welfare and socioeconomic development of the
Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection, welfare and
development and advancement of the Scheduled Tribes as the President may, subject to
the provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament
along with a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the Union and the reasons for the non-acceptance, if any, of
any such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any
State Government is concerned, a copy of such report shall be forwarded to the Governor of
the State who shall cause it to be laid before the Legislature of the State along with a
memorandum explaining the action taken or proposed to be taken on the recommendations
relating to the State and the reasons for the non-acceptance, if any, of any of such
recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or
inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers
of a civil court trying a suit and in particular in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person from any part of India
and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;


147 THE CONSTITUTION OF INDIA


(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major
policy matters affecting Scheduled Tribes.
339. Control of the Uni on over the admi ni strati on of Schedul ed Areas
and the wel f are of Schedul ed Tri bes. (1) The Presi dent may at any t i me
and shal l , at t he expi rat i on of t en years fr om t he commencement of t hi s
Const i t ut i on by order appoi nt a Commi ssi on t o report on t he admi ni st rat i on
of t he Schedul ed Areas and t he wel fare of t he Schedul ed Tri bes i n t he
St at es.
The order may defi ne t he composi t i on, powers and procedure of t he
Commi ssi on and may cont ai n such i nci dent al or anci l l ar y provi si ons as t he
Presi dent may consi der necessary or desi rabl e.
(2) The execut i ve power of t he Uni on shal l ext end t o t he gi vi ng of
di rect i ons t o a St at e as t o t he drawi ng up and execut i on of schemes
speci fi ed i n t he di rect i on t o be essent i al for t he wel fare of t he Schedul ed
Tri bes i n t he St at e.
340. Appoi ntment of a Commi ssi on to i nvesti gate the condi ti ons of
backward cl asses. (1) The Pr esi dent may by order appoi nt a Commi ssi on
consi st i ng of such persons as he t hi nks fi t t o i nvest i gat e t he condi t i ons of
soci al l y and educat i onal l y backward cl asses wi t hi n t he t erri t ory of Indi a
and t he di ffi cul t i es under whi ch t hey l abour and t o make recommendat i ons
as t o t he st eps t hat shoul d be t aken by t he Uni on or any St at e t o remove
such di ffi cul t i es and t o i mprove t hei r condi t i on and as t o t he grant s t hat
shoul d be made for t he purpose by t he Uni on or any St at e and t he
condi t i ons subj ect t o whi ch such grant s shoul d be made, and t he order
appoi nt i ng such Commi ssi on shal l defi ne t he procedure t o be fol l owed by
t he Commi ssi on.
(2) A Commi ssi on so appoi nt ed shal l i nvest i gat e t he mat t ers referred t o
t hem and present t o t he Presi dent a report set t i ng out t he fact s as found by
t hem and maki ng such recommendat i ons as t hey t hi nk proper.
(3) The Presi dent shal l cause a copy of t he report so present ed t oget her
wi t h a memorandum expl ai ni ng t he act i on t aken t hereon t o be l ai d before
each House of Parl i ament .
341. Schedul ed Castes. (1) The Presi dent may wi t h respect t o any
St at e or Uni on t erri t ory, and where i t i s a St at e, aft er consul t at i on wi t h t he
Governor t hereof, by publ i c not i fi cat i on, speci fy t he cast es, races or t ri bes
or part s of or groups wi t hi n cast es, race s or t ri bes whi ch shal l for t he
purposes of t hi s Const i t ut i on be deemed t o be Schedul ed Cast es i n rel at i on
t o t hat St at e or Uni on t erri t ory, as t he case may be.
(2) Parl i ament may by l aw i ncl ude i n or excl ude from t he l i st of
Schedul ed Cast es speci fi ed i n a not i fi cat i on i ssued under cl ause (1) any
cast e, race or t ri be or part of or group wi t hi n any cast e, race or t ri be, but


148 THE CONSTITUTION OF INDIA


save as aforesai d a not i fi cat i on i ssued under t he sai d cl ause shal l not be
vari ed by any subsequent not i fi cat i on.
342. Schedul ed Tri bes. (1) The Presi dent may wi t h respect t o any
St at e or Uni on t erri t ory, and where i t i s a St at e, aft er consul t at i on wi t h t he
Governor t hereof, by publ i c not i fi cat i on, speci fy t he t ri bes or t ri bal
communi t i es or part s of or gr oups wi t hi n t ri bes or t ri ba l communi t i es
whi ch shal l for t he purposes of t hi s Const i t ut i on be deemed t o be
Schedul ed Tri bes i n rel at i on t o t hat St at e or Uni on t erri t ory, as t he case
may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes
specified in a notification issued under clause (1) any tribe or tribal community or part of or
group within any tribe or tribal community, but save as aforesaid a notification issued under
the said clause shall not be varied by any subsequent notification.


























149 THE CONSTITUTION OF INDIA


PART XVII
OFFICIAL LANGUAGE
CHAPTER I. LANGUAGE OF THE UNION
343. Off i ci al l anguage of the Uni on. (1) The offi ci al l anguage of t he
Uni on shal l be Hi ndi i n Devanagari scri pt .
The form of numeral s t o be used for t he offi ci al purposes of t h e Uni on
shal l be t he i nt ernat i onal form of Indi an numeral s.
(2) Not wi t hst andi ng anyt hi ng i n cl ause (1), for a peri od of fi ft een years
fr om t he commencement of t hi s Const i t ut i on, t he Engl i sh l anguage shal l
cont i nue t o be used for al l t he offi ci al purposes of t he Uni on for whi ch i t
was bei ng used i mmedi at el y before such commencement :
Provi ded t hat t he Presi dent may, duri ng t he sai d peri od, by order
aut hori se t he use of t he Hi ndi l anguage i n addi t i on t o t he Engl i sh l anguage
and of t he Devanagari form of numeral s i n addi t i on t o t he i nt ernat i onal
form of Indi an numeral s for any of t he offi ci al purposes of t he Uni on.
(3) Not wi t hst andi ng anyt hi ng i n t hi s art i cl e, Parl i ament may by l aw
provi de for t he use, aft er t he sai d peri od of fi ft een years, of
(a) t he Engl i sh l anguage, or
(b) t he Devanagari form of numeral s,
for such purposes as may be speci fi ed i n t he l aw.
344. Commi ssi on and Commi ttee of Parl i ament on off i ci al
l anguage. (1) The Presi dent shal l , at t he expi rat i on of fi ve years from t he
commencement of t hi s Const i t ut i on and t hereaft er at t he expi rat i on of t en
years from such commencement , by order const i t ut e a Commi ssi on whi ch
shal l consi st of a Chai rman and such ot her members represent i ng t he
di fferent l anguages speci fi ed i n t he Ei ght h Schedul e as t he Presi dent may
appoi nt , and t he order shal l defi ne t he procedure t o be fol l owed by t he
Commi ssi on.
(2) It shal l be t he dut y of t he Commi ssi on t o make recommendat i ons t o
t he Presi dent as t o
(a) t he progressi ve use of t he Hi ndi l anguage for t he offi ci al
purposes of t he Uni on;
(b) rest ri ct i ons on t he use of t he Engl i sh l anguage for al l or any of
t he offi ci al purposes of t he Uni on;
(c) t he l anguage t o be used for al l or any of t he purposes ment i oned
i n art i cl e 348;
(d) t he form of numeral s t o be used for any one or more speci fi ed
purposes of t he Uni on;
(e) any ot her mat t er referred t o t he Commi ssi on by t he Presi dent as
regards t he offi ci al l anguage of t he Uni on and t he l anguage for
149



150 THE CONSTITUTION OF INDIA


communi cat i on bet ween t he Uni on and a St at e or bet ween one St at e and
anot her and t hei r use.
(3) In maki ng t hei r recommendat i ons under cl ause (2), t he Commi ssi on
shal l have due regard t o t he i ndust ri al , cul t ural and sci ent i fi c advancement
of Indi a, and t he j ust cl ai ms and t he i nt erest s of persons bel ongi ng t o t he
non-Hi ndi speaki ng areas i n regard t o t he publ i c servi ces.
(4) There shal l be const i t ut ed a Commi t t ee consi st i ng of t hi rt y members,
of whom t went y shal l be members of t he House of t he Peopl e and t en shal l
be members of t he Counci l of St at es t o be el ect ed respect i vel y by t he
member s of t he House of t he Peopl e and t he members of t he Counci l of
St at es i n accordance wi t h t he syst em of proport i onal represent at i on by
means of t he si ngl e t ransferabl e vot e.
(5) It shal l be t he dut y of t he Commi t t ee t o exami ne t he
recommendat i ons of t he Commi ssi on const i t ut ed under cl ause (1) and t o
report t o t he Presi dent t hei r opi ni on t hereon.
(6) Not wi t hst andi ng anyt hi ng i n art i cl e 343, t he Presi dent may, aft er
consi derat i on of t he report referred t o i n cl ause (5), i ssue di rect i ons i n
accordance wi t h t he whol e or any part of t hat report .
CHAPTER II. REGI ONAL LANGUAGES
345. Off i ci al l anguage or l anguages of a State. Subj ect t o t he
provi si ons of art i cl es 346 and 347, t he Legi sl at ure of a St at e may by l aw
adopt any one or more of t he l anguages i n use i n t he St at e or Hi ndi as t he
l anguage or l anguages t o be used for al l or any of t he offi ci al purposes of
t hat St at e:
Provi ded t hat , unt i l t he Legi sl at ure of t he St at e ot herwi se provi des by
l aw, t he Engl i sh l anguage shal l cont i nue t o be used for t hose offi ci al
purposes wi t hi n t he St at e for whi ch i t was bei ng used i mmedi at el y before
t he commencement of t hi s Const i t ut i on.
346. Off i ci al l anguage f or communi cati on between one State and
another or between a State and the Uni on. The l anguage for t he t i me
bei ng aut hori sed for use i n t he Uni on for offi ci al purposes shal l be t he
offi ci al l anguage for communi cat i on bet ween one St at e and anot her St at e
and bet ween a St at e and t he Uni on:
Provi ded t hat i f t wo or more St at es agree t hat t he Hi ndi l anguage shoul d
be t he offi ci al l anguage for communi cat i on bet ween such St at es, t hat
l anguage may be used for such communi cat i on.
347. Speci al provi si on rel ati ng to l anguage spoken by a secti on of the
popul ati on of a State. On a demand bei ng made i n t hat behal f t he
Presi dent may, i f he i s sat i sfi ed t hat a subst ant i al proport i on of t he
popul at i on of a St at e desi re t he use of any l anguage spoken by t hem t o be
recogni sed by t hat St at e, di rect t hat such l anguage shal l al so be offi ci al l y
recogni sed t hroughout t hat St at e or any part t hereof for s uch purpose as he
may speci fy.


151 THE CONSTITUTION OF INDIA


CHAPTER III. LANGUAGE OF THE SUPREME COURT,
HI GH COURTS, ETC.
348. Language to be used i n the Supreme Court and i n t he Hi gh
Courts and f or Acts, Bi l l s, etc. (1) Not wi t hst andi ng anyt hi ng i n t he
foregoi ng provi si ons of t hi s Par t , unt i l Parl i ament by l aw ot herwi se
provi des
(a) al l proceedi ngs i n t he Supreme Court and i n every Hi gh Court ,
(b) t he aut hori t at i ve t ext s
(i ) of al l Bi l l s t o be i nt roduced or amendment s t heret o t o be
moved i n ei t her House of Parl i ament or i n t he House or ei t her
House of t he Legi sl at ure of a St at e,
(i i ) of al l Act s passed by Parl i ament or t he Legi sl at ure of a
St at e and of al l Ordi nances promul gat ed by t he Presi dent or t he
Governor of a St at e, and
(i i i ) of al l orders, rul es, regul at i ons and bye -l aws i ssued under
t hi s Const i t ut i on or under any l aw made by Par l i ament or t he
Legi sl at ure of a St at e,
shal l be i n t he Engl i sh l anguage.
(2) Not wi t hst andi ng anyt hi ng i n sub-cl ause ( a) of cl ause (1), t he
Governor of a St at e may, wi t h t he previ ous consent of t he Pres i dent ,
aut hori se t he use of t he Hi ndi l anguage, or any ot her l anguage used for any
offi ci al purposes of t he St at e, i n proceedi ngs i n t he Hi gh Court havi ng i t s
pri nci pal seat i n t hat St at e:
Provi ded t hat not hi ng i n t hi s cl ause shal l appl y t o any j udgment , d ecree
or order passed or made by such Hi gh Court .
(3) Not wi t hst andi ng anyt hi ng i n sub-cl ause ( b) of cl ause (1), where t he
Legi sl at ure of a St at e has prescri bed any l anguage ot her t han t he Engl i sh
l anguage for use i n Bi l l s i nt roduced i n, or Act s passed by, t he Legi sl at ure
of t he St at e or i n Ordi nances promul gat ed by t he Governor of t he St at e or
i n any or der, rul e, regul at i on or bye -l aw referred t o i n paragraph ( i i i ) of
t hat sub-cl ause, a t ransl at i on of t he same i n t he Engl i sh l anguage publ i shed
under t he aut hori t y of t he Governor of t he St at e i n t he Offi ci al Gazet t e of
t hat St at e shal l be deemed t o be t he aut hori t at i ve t ext t hereof i n t he
Engl i sh l anguage under t hi s art i cl e.
349. Speci al procedure f or enactment of certai n l aws rel ati ng to
l anguage. Duri ng t he peri od of fi ft een years from t he commencement of
t hi s Const i t ut i on, no Bi l l or amendment maki ng pr ovi si on for t he l anguage
t o be used for any of t he purposes ment i oned i n cl ause (1) of art i cl e 348
shal l be i nt roduced or moved i n ei t her House of Parl i ament wi t hout t he
previ ous sanct i on of t he Presi dent , and t he Presi dent shal l not gi ve hi s
sanct i on t o t he i nt roduct i on of any such Bi l l or t he movi ng of any such
amendment except aft er he has t aken i nt o consi derat i on t he
recommendat i ons of t he Commi ssi on const i t ut ed under cl ause (1) of art i cl e


152 THE CONSTITUTION OF INDIA


344 and t he report of t he Commi t t ee const i t ut ed under cl ause (4) of t hat
art i cl e.
CHAPTER IV. SPECI AL DI RECTI VES
350. Language to be used i n representati ons f or redress of
gri evances. Ever y person shal l be ent i t l ed t o submi t a represent at i on for
t he redress of any gri evance t o any offi cer or aut hori t y of t he Uni on or a
St at e i n any of t he l anguages used i n t he Uni on or i n t he St at e, as t he case
may be.
350A. Faci l i ti es f or i nstructi on i n mother -tongue at pri mary stage.
It shal l be t he endeavour of ever y St at e and of ever y l ocal aut hori t y wi t hi n
t he St at e t o provi de adequat e faci l i t i es for i nst ruct i on i n t he mot her -t ongue
at t he pri mary st age of educat i on t o chi l dren bel ongi ng t o l i ngui st i c
mi nori t y gr oups; and t he Presi dent may i ssue such di rect i ons t o any St at e
as he consi ders necessary or proper for securi ng t he provi s i on of such
faci l i t i es.
350B. Speci al Offi cer f or l i ngui sti c mi nori ti es. (1) There shal l be a
Speci al Offi cer for l i ngui st i c mi nori t i es t o be appoi nt ed by t he Presi dent .
(2) It shal l be t he dut y of t he Speci al Offi cer t o i nvest i gat e al l mat t ers
rel at i ng t o t he safeguards provi ded for l i ngui st i c mi nori t i es under t hi s
Const i t ut i on and report t o t he Presi dent upon t hose mat t ers at such
i nt erval s as t he Presi dent may di rect , and t he Presi dent shal l cause al l such
report s t o be l ai d before each House of Par l i ame nt , and sent t o t he
Government s of t he St at es concerned.
351. Di recti ve f or devel opment of the Hi ndi l anguage. It shal l be t he
dut y of t he Uni on t o promot e t he spread of t he Hi ndi l anguage, t o devel op
i t so t hat i t may serve as a medi um of expressi on for a l l t he el ement s of t he
composi t e cul t ure of Indi a and t o secure i t s enri chment by assi mi l at i ng
wi t hout i nt erferi ng wi t h i t s geni us, t he forms, st yl e and expressi ons used i n
Hi ndust ani and i n t he ot her l anguages of Indi a speci fi ed i n t he Ei ght h
Schedul e, and by drawi ng, wherever necessary or desi rabl e, for i t s
vocabul ar y, pri mari l y on Sanskri t and secondari l y on ot her l anguages.


153 THE CONSTITUTION OF INDIA


PART XVIII
EMERGENCY PROVISIONS
352. Procl amati on of Emergency. (1) If t he Presi dent i s sat i sfi ed t hat
a grave emer gency exi st s whereby t he securi t y of Indi a or of any part of
t he t erri t ory t hereof i s t hreat ened, whet her by war or ext ernal aggressi on
or armed rebel l i on, he may, by Procl amat i on, make a decl arat i on t o t hat
effect i n respect of t he whol e of Indi a or of such part of t he t erri t ory
t hereof as may be speci fi ed i n t he Procl amat i on.
Expl anat i on. A Procl amat i on of Emergency decl ari ng t hat t he securi t y
of Indi a or any part of t he t erri t ory t hereof i s t hreat ened by war or by
ext ernal aggressi on or by armed rebel l i on may be mad e before t he act ual
occurrence of war or of any such aggressi on or rebel l i on, i f t he Presi dent
i s sat i sfi ed t hat t here i s i mmi nent danger t hereof.
(2) A Procl amat i on i ssued under cl ause (1) may be vari ed or revoked by
a subsequent Procl amat i on.
(3) The Presi dent shal l not i ssue a Procl amat i on under cl ause (1) or a
Procl amat i on var yi ng such Procl amat i on unl ess t he deci si on of t he Uni on
Cabi net (t hat i s t o say, t he Counci l consi st i ng of t he Pri me Mi ni st er and
ot her Mi ni st ers of Cabi net rank appoi nt ed under ar t i cl e 75) t hat such a
Procl amat i on may be i ssued has been communi cat ed t o hi m i n wri t i ng.
(4) Ever y Pr ocl amat i on i ssued under t hi s art i cl e shal l be l ai d before each
House of Par l i ament and shal l , except where i t i s a Procl amat i on revoki ng
a previ ous Procl amat i on, cease t o operat e at t he expi rat i on of one mont h
unl ess before t he expi rat i on of t hat peri od i t has been approved by
resol ut i ons of bot h Houses of Parl i ament :
Provi ded t hat i f any such Procl amat i on (not bei ng a Procl amat i on
revoki ng a previ ous Procl amat i on) i s i ssued at a t i me when t he House of
t he Peopl e has been di ssol ved, or t he di ssol ut i on of t he House of t he
Peopl e t akes pl ace duri ng t he peri od of one mont h referred t o i n t hi s
cl ause, and i f a resol ut i on approvi ng t he Procl amat i on has been passe d by
t he Counci l of St at es, but no resol ut i on wi t h respect t o such Procl amat i on
has been passed by t he House of t he Peopl e before t he expi rat i on of t hat
peri od, t he Procl amat i on shal l cease t o operat e at t he expi rat i on of t hi rt y
days fr om t he dat e on whi ch t he House of t he Peopl e fi rst si t s aft er i t s
reconst i t ut i on, unl ess before t he expi rat i on of t he sai d peri od of t hi rt y days
a resol ut i on approvi ng t he Procl amat i on has been al so passed by t he House
of t he Peopl e.
(5) A Pr ocl amat i on so approved shal l , unl ess revoked, cease t o operat e
on t he expi rat i on of a peri od of si x mont hs from t he dat e of t he passi ng of
t he second of t he resol ut i ons approvi ng t he Procl amat i on under cl ause (4):
Provi ded t hat i f and so oft en as a resol ut i on approvi ng t he cont i nuance
i n force of such a Procl amat i on i s passed by bot h Houses of Parl i ament t he
Procl amat i on shal l , unl ess revoked, cont i nue i n force for a furt her peri od

153


154 THE CONSTITUTION OF INDIA


of si x mont hs from t he dat e on whi ch i t woul d ot herwi se have ceased t o
operat e under t hi s cl ause:
Provi ded furt her t hat i f t he di ssol ut i on of t he House of t he Peopl e t akes
pl ace duri ng any such peri od of si x mont hs and a resol ut i on approvi ng t he
cont i nuance i n force of such Procl amat i on has been passed by t he Counci l
of St at es but no resol ut i on wi t h respect t o t he cont i nuance i n force of such
Procl amat i on has been passed by t he House of t he Peopl e duri ng t he sai d
peri od, t he Procl amat i on shal l cease t o operat e at t he expi rat i on of t hi rt y
days fr om t he dat e on whi ch t he House of t he Peopl e fi rst si t s aft er i t s
reconst i t ut i on unl ess before t he expi rat i on of t he sai d peri od of t hi rt y
days, a resol ut i on approvi ng t he cont i nuance i n force of t he Procl amat i on
has been al so passed by t he House of t he Peopl e.
(6) For t he purposes of cl auses (4) and (5), a resol ut i on may be passed
by ei t her House of Parl i ament onl y by a maj ori t y of t he t ot al membershi p
of t hat House and by a maj ori t y of not l ess t han t wo-t hi rds of t he Members
of t hat House present and vot i ng.
(7) Not wi t hst andi ng anyt hi ng cont ai ned i n t he for egoi ng cl auses, t he
Presi dent shal l revoke a Procl amat i on i ssued under cl ause (1) or a
Procl amat i on var yi ng such Procl amat i on i f t he House of t he Peopl e passes
a resol ut i on di sapprovi ng, or, as t he case may be, di sapprovi ng t he
cont i nuance i n force of, such Procl amat i on.
(8) Where a not i ce i n wri t i ng si gned by not l ess t han one -t ent h of t he
t ot al number of members of t he House of t he Peopl e has been gi ven, of
t hei r i nt ent i on t o move a resol ut i on for di sapprovi ng, or, as t he case may
be, for di sapprovi ng t he cont i nuance i n force of, a Pr ocl amat i on i ssued
under cl ause (1) or a Procl amat i on var yi ng such Procl amat i on,
(a) t o t he Speaker, i f t he House i s i n sessi on; or
(b) t o t he Presi dent , i f t he House i s not i n sessi on,
a speci al si t t i ng of t he House shal l be hel d wi t hi n fourt een days fr om t he
dat e on whi ch such not i ce i s recei ved by t he Speaker, or, as t he case may
be, by t he Presi dent , for t he purpose of consi deri ng such resol ut i on.
(9) The power conferred on t he Presi dent by t hi s art i cl e shal l i ncl ude t he
power t o i ssue di fferent Procl amat i ons on di fferent grounds, bei ng war
or ext ernal aggressi on or armed rebel l i on or i mmi nent danger of war or
ext ernal aggressi on or armed rebel l i on, whet her or not t here i s a
Procl amat i on al ready i ssued by t he Presi dent under cl ause (1) and such
Procl amat i on i s i n operat i on.
* * * * *

353. Eff ect of Procl amati on of Emergency. Whi l e a Procl amat i on
of Emergency i s i n operat i on, t hen
(a) not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he execut i ve
power of t he Uni on shal l ext end t o t he gi vi ng of di rect i ons t o any St at e


155 THE CONSTITUTION OF INDIA


as t o t he manner i n whi ch t he execut i ve power t hereof i s t o be
exerci sed;
(b) t he power of Parl i ament t o make l aws wi t h respect t o any mat t er
shal l i ncl ude power t o make l aws conferri ng powers and i mposi ng
dut i es, or aut hori si ng t he conferri ng of powers and t he i mposi t i on of
dut i es, upon t he Uni on or offi cers and aut hori t i es of t he Uni on as
respect s t hat mat t er, not wi t hst andi ng t hat i t i s one whi ch i s n ot
enumerat ed i n t he Uni on Li st :
Provi ded t hat where a Procl amat i on of Emergency i s i n operat i on onl y
i n any part of t he t erri t ory of Indi a,
(i ) t he execut i ve power of t he Uni on t o gi ve di rect i ons under clause
(a), and
(i i ) t he power of Parl i ament t o make l aws under cl ause (b),
shal l al so ext end t o any St at e ot her t han a St at e i n whi ch or i n any part of
whi ch t he Procl amat i on of Emergency i s i n operat i on i f and i n so far as
t he securi t y of Indi a or any part of t he t erri t ory t hereof i s t hreat ened by
act i vi t i es i n or i n rel at i on t o t he part of t he t erri t ory of Indi a i n whi ch t he
Procl amat i on of Emergency i s i n operat i on.
354. Appl i cati on of provi si ons rel ati ng to di stri buti on of revenues
whi l e a Procl amati on of Emergency i s i n operati on. (1) The Presi dent
may, whi l e a Procl amat i on of Emergency i s i n operat i on, by order di rect
t hat al l or any of t he provi si ons of art i cl es 268 t o 279 shall for such
peri od, not ext endi ng i n any case beyond t he expi rat i on of t he fi nanci al
year i n whi ch such Procl amat i on ceases t o operat e, as may be speci fi ed i n
t he order, have effect subj ect t o such except i ons or modi fi cat i ons as he
t hi nks fi t .
(2) Ever y order made under cl ause (1) shal l , as soon as may be aft er i t i s
made, be l ai d before each House of Par l i ament .
355. Duty of the Uni on to protect States agai nst external aggressi on
and i nternal di sturbance. It shal l be t he dut y of t he Uni on t o prot ect
ever y St at e agai nst ext ernal aggressi on and i nt ernal di st urbance and t o
ensure t hat t he government of ever y St at e i s carri ed on i n accordance wi t h
t he provi si ons of t hi s Const i t ut i on.
356. Provi si ons i n case of fai l ure of consti tuti onal machi nery i n
States. (1) If t he Presi dent , on recei pt of a report fr om t he Governor of a
St at e or ot herwi se, i s sat i sfi ed t hat a si t uat i on has ari sen i n whi ch t he
Government of t he St at e cannot be carri ed on i n accordance wi t h t he
provi si ons of t hi s Const i t ut i on, t he Presi dent may by Pr ocl amat i on
(a) assume t o hi msel f al l or any of t he funct i ons of t he Government
of t he St at e and al l or any of t he powers vest ed i n or exerci sable by t he
Governor or any body or aut hori t y i n t he St at e ot her t han t he
Legi sl at ure of t he St at e;
(b) decl are t hat t he powers of t he Legi sl at ure of t he St at e shal l be
exerci sabl e by or under t he aut hori t y of Parl i ament ;


156 THE CONSTITUTION OF INDIA


(c) make such i nci dent al and consequent i al provi si ons as appear t o
t he Presi dent t o be necessary or desi rabl e for gi vi ng effect t o t he
obj ect s of t he Procl amat i on, i ncl udi ng provi si ons for suspendi ng i n
whol e or i n part t he operat i on of any provi si ons of t hi s Const i t ut i on
rel at i ng t o any body or aut hori t y i n t he St at e:
Provi ded t hat not hi ng i n t hi s cl ause shal l aut hori se t he Presi dent t o
assume t o hi msel f any of t he powers vest ed i n or exerci sabl e by a Hi gh
Court , or t o suspend i n whol e or i n part t he operat i on of any provi si on of
t hi s Const i t ut i on rel at i ng t o Hi gh Court s.
(2) Any such Procl amat i on may be revoked or vari ed by a subsequent
Procl amat i on.
(3) Ever y Procl amat i on under t hi s art i cl e shal l be l ai d befor e each
House of Par l i ament and shal l , except where i t i s a Procl amat i on revoki ng
a previ ous Procl amat i on, cease t o operat e at t he expi rat i on of t wo mont hs
unl ess before t he expi rat i on of t hat peri od i t has been approved by
resol ut i ons of bot h Houses of Parl i ament :
Provi ded t hat i f any such Procl amat i on (not bei ng a Procl amat i on
revoki ng a previ ous Procl amat i on) i s i ssued at a t i me when t he House of
t he Peopl e i s di ssol ved or t he di ssol ut i on of t he House of t he Peopl e t akes
pl ace duri ng t he peri od of t wo mont hs referred t o i n t hi s cl aus e, and i f a
resol ut i on approvi ng t he Procl amat i on has been passed by t he Counci l of
St at es, but no resol ut i on wi t h respect t o such Procl amat i on has been
passed by t he House of t he Peopl e before t he expi rat i on of t hat peri od, t he
Procl amat i on shal l cease t o operat e at t he expi rat i on of t hi rt y days from
t he dat e on whi ch t he House of t he Peopl e fi rst si t s aft er i t s reconst i t ut i on
unl ess before t he expi rat i on of t he sai d peri od of t hi rt y days a resol ut i on
approvi ng t he Procl amat i on has been al so passed by t he House of t he
Peopl e.
(4) A Procl amat i on so approved shal l , unl ess revoked, cease t o operat e
on t he expi rat i on of a peri od of si x mont hs from t he dat e of i ssue of t he
Procl amat i on:
Provi ded t hat i f and so oft en as a resol ut i on approvi ng t he cont i nuance
i n force of such a Procl amat i on i s passed by bot h Houses of Parl i ament ,
t he Procl amat i on shal l , unl ess revoked, cont i nue i n force for a furt her
peri od of si x mont hs from t he dat e on whi ch under t hi s cl ause i t woul d
ot herwi se have ceased t o operat e, but no such Procl amat i on shal l i n any
case remai n i n force for more t han t hree years:
Provi ded furt her t hat i f t he di ssol ut i on of t he House of t he Peopl e t akes
pl ace duri ng any such peri od of si x mont hs and a resol ut i on approvi ng t he
cont i nuance i n force of such Procl amat i on has been passed by t he Counci l
of St at es, but no resol ut i on wi t h respect t o t he cont i nuance i n force of
such Procl amat i on has been passed by t he House of t he Peopl e duri ng t he
sai d peri od, t he Procl amat i on shal l cease t o operat e at t he e xpi rat i on of
t hi rt y days from t he dat e on whi ch t he House of t he Peopl e fi rst si t s aft er
i t s reconst i t ut i on unl ess before t he expi rat i on of t he sai d peri od of t hi rt y


157 THE CONSTITUTION OF INDIA


days a resol ut i on approvi ng t he cont i nuance i n force of t he Procl amat i on
has been al so passed by t he House of t he Peopl e:
Provi ded al so t hat i n t he case of t he Procl amat i on i ssued under cl ause
(1) on t he 11t h day of May, 1987 wi t h respect t o t he St at e of Punj ab, t he
reference i n t he fi rst provi so t o t hi s cl ause t o t hree years shal l be
const rued as a reference t o fi ve years.
(5) Not wi t hst andi ng anyt hi ng cont ai ned i n cl ause (4), a resol ut i on wi t h
respect t o t he cont i nuance i n force of a Procl amat i on approved under
cl ause (3) for any peri od beyond t he expi rat i on of one year from t he dat e
of i ssue of such Procl amat i on shal l not be passed by ei t her House of
Parl i ament unl ess
(a) a Procl amat i on of Emer gency i s i n operat i on, i n t he whol e of
Indi a or, as t he case may be, i n t he whol e or any part of t he St at e, at t he
t i me of t he passi ng of such resol ut i on, and
(b) t he El ect i on Commi ssi on cert i fi es t hat t he cont i nuance i n force of
t he Procl amat i on approved under cl ause (3) duri ng t he peri od speci fi ed
i n such resol ut i on i s necessary on account of di ffi cul t i es i n hol di ng
general el ect i ons t o t he Legi sl at i ve Assembl y of t he St at e concerned:
Provi ded t hat not hi ng i n t hi s cl ause shal l appl y t o t he Procl amat i on
i ssued under cl ause (1) on t he 11t h day of May, 1987 wi t h respect t o t he
St at e of Punj ab.
357. Exerci se of l egi sl ati ve powers under Procl amati on i ssued under
arti cl e 356. (1) Where by a Procl amat i on i ssued under cl ause (1) of
art i cl e 356, i t has been decl ared t hat t he powers of t he Legi sl at ure of t he
St at e shal l be exerci sabl e by or under t he aut hori t y of Parl i ament , i t shal l
be compet ent
(a) for Par l i ament t o confer on t he Presi dent t he power of t he
Legi sl at ure of t he St at e t o make l aws, and t o aut hori se t he Presi dent t o
del egat e, subj ect t o such condi t i ons as he may t hi nk fi t t o i mpose, t he
power so conferred t o any ot her aut hori t y t o be speci fi ed by hi m i n t hat
behal f;
(b) for Parl i ament , or for t he Presi dent or ot her aut hori t y i n whom
such power t o make l aws i s vest ed under sub -cl ause ( a), t o make l aws
conferri ng powers and i mposi ng dut i es, or aut hori si ng t he conferri ng of
powers and t he i mposi t i on of dut i es, upon t he Uni on or offi cers and
aut hori t i es t hereof;
(c) for t he Presi dent t o aut hori se when t he House of t he Peopl e i s
not i n sessi on expendi t ure from t he Consol i dat ed Fund of t he St at e
pendi ng t he sanct i on of such expendi t ure by Parl i ament .
(2) Any l aw made i n exerci se of t he power of t he Legi sl at ure of t he
St at e by Parl i ament or t he Presi dent or ot her aut hori t y referred t o i n sub -
cl ause ( a) of cl ause (1) whi ch Parl i ament or t he Presi dent or such ot her
aut hori t y woul d not , but for t he i ssue of a Procl amat i on under art i cl e 356,
have been compet ent t o make shal l , aft er t he Procl amat i on has ceased t o


158 THE CONSTITUTION OF INDIA


operat e, cont i nue i n force unt i l al t ered or repeal ed or amended by a
compet ent Legi sl at ure or ot her aut hori t y.
358. Suspensi on of provi s i ons of arti cl e 19 duri ng emergenci es. (1)
Whi l e a Procl amat i on of Emergency decl ari ng t hat t he securi t y of Indi a or
any part of t he t erri t or y t hereof i s t hreat ened by war or by ext ernal
aggressi on i s i n operat i on, not hi ng i n art i cl e 19 shal l rest ri ct t he power of
t he St at e as defi ned i n Part III t o make any l aw or t o t ake any execut i ve
act i on whi ch t he St at e woul d but for t he provi si ons cont ai ned i n t hat Part
be compet ent t o make or t o t ake, but any l aw so made shal l , t o t he ext ent
of t he i ncompet ency, cease t o have effect as soon as t he Procl amat i on
ceases t o operat e, except as respect s t hi ngs done or omi t t ed t o be done
before t he l aw so ceases t o have effect :
Provi ded t hat where such Procl amat i on of Emergency i s i n operat i on
onl y i n any part of t he t erri t ory of Indi a, any such l aw may be made, or any
such execut i ve act i on may be t aken, under t hi s art i cl e i n rel at i on t o or i n
any St at e or Uni on t erri t ory i n whi ch or i n any part of whi ch t he
Procl amat i on of Emer gency i s not i n operat i on, i f and i n so far as t he
securi t y of Indi a or any part of t he t erri t or y t hereof i s t hreat ened by
act i vi t i es i n or i n rel at i on t o t he part of t he t erri t or y of Indi a i n whi ch t he
Procl amat i on of Emergency i s i n operat i on.
(2) Not hi ng i n cl ause (1) shal l appl y
(a) t o any l aw whi ch does not cont ai n a reci t al t o t he effect t hat
such l aw i s i n rel at i on t o t he Procl amat i on of Emer gency i n operat i on
when i t i s made; or
(b) t o any execut i ve act i on t aken ot herwi se t han under a l aw
cont ai ni ng such a reci t al .
359. Suspensi on of the enf orcement of the ri ghts conf erred by Part
III duri ng emergenci es. (1) Where a Procl amat i on of Emer gency i s i n
operat i on, t he Presi dent may by order decl are t hat t he ri ght t o move any
court for t he enforcement of such of t he ri ght s conferred by Part III
(except art i cl es 20 and 21) as may be ment i oned i n t he order and al l
proceedi ngs pendi ng i n any court for t he enforcement of t he ri ght s so
ment i oned shal l remai n suspended for t he peri od duri ng whi ch t he
Procl amat i on i s i n force or for such short er peri od a s may be speci fi ed i n
t he order.
(1A) Whi l e an order made under cl ause (1) ment i oni ng any of t he ri ght s
conferred by Part III (except art i cl es 20 and 21) i s i n operat i on, not hi ng i n
t hat Part conferri ng t hose ri ght s shal l rest ri ct t he power of t he St at e as
defi ned i n t he sai d Part t o make any l aw or t o t ake any execut i ve act i on
whi ch t he St at e woul d but for t he provi si ons cont ai ned i n t hat Part be
compet ent t o make or t o t ake, but any l aw so made shal l , t o t he ext ent of
t he i ncompet ency, cease t o have effect as soon as t he order aforesai d
ceases t o operat e, except as respect s t hi ngs done or omi t t ed t o be done
before t he l aw so ceases t o have effect :


159 THE CONSTITUTION OF INDIA


Provi ded t hat where a Procl amat i on of Emergency i s i n operat i on onl y i n
any part of t he t erri t ory of Indi a, any such l aw may be made, or any such
execut i ve act i on may be t aken, under t hi s art i cl e i n rel at i on t o or i n any
St at e or Uni on t erri t ory i n whi ch or i n any part of whi ch t he Procl amat i on
of Emergency i s not i n operat i on, i f and i n so far as t he securi t y of Indi a or
any part of t he t erri t or y t hereof i s t hreat ened by act i vi t i es i n or i n rel at i on
t o t he part of t he t erri t ory of Indi a i n whi ch t he Procl amat i on of
Emergency i s i n operat i on.
(1B) Not hi ng i n cl ause (1A) shal l appl y
(a) t o any l aw whi ch does not cont ai n a reci t al t o t he effect t hat
such l aw i s i n rel at i on t o t he Procl amat i on of Emer gency i n operat i on
when i t i s made; or
(b) t o any execut i ve act i on t aken ot herwi se t han under a l aw
cont ai ni ng such a reci t al .
(2) An order made as aforesai d may ext end t o t he whol e or any part of
t he t erri t ory of Indi a:
Provi ded t hat where a Procl amat i on of Emergency i s i n operat i on onl y i n
a part of t he t erri t ory of Indi a, any such order shal l not ext end t o any ot her
part of t he t erri t ory of Indi a unl ess t he Presi dent , b ei ng sat i sfi ed t hat t he
securi t y of Indi a or any part of t he t erri t or y t hereof i s t hreat ened by
act i vi t i es i n or i n rel at i on t o t he part of t he t erri t or y of Indi a i n whi ch t he
Procl amat i on of Emer gency i s i n operat i on, consi ders such ext ensi on t o be
necessary.
(3) Ever y order made under cl ause (1) shal l , as soon as may be aft er i t i s
made, be l ai d before each House of Par l i ament .
359A. [Appl i cat i on of t hi s Part t o t he St at e of Punj ab. ] Rep. by t he
Const i t ut i on (Si xt y-t hi rd Amendment ) Act , 1989, s. 3 (w. e. f . 6-1-1990).
360. Provi si ons as to fi nanci al emergency. (1) If t he Presi dent i s
sat i sfi ed t hat a si t uat i on has ari sen whereby t he fi nanci al st abi l i t y or credi t
of Indi a or of any part of t he t erri t ory t hereof i s t hreat ened, he may by a
Procl amat i on make a decl arat i on t o t hat effect .
(2) A Procl amat i on i ssued under cl ause (1)
(a) may be revoked or vari ed by a subsequent Procl amat i on;
(b) shal l be l ai d before each House of Parl i ament ;
(c) shal l cease t o operat e at t he expi rat i on of t wo mont hs, unl ess
before t he expi rat i on of t hat peri od i t has been approved by res ol ut i ons
of bot h Houses of Parl i ament :
Provi ded t hat i f any such Procl amat i on i s i ssued at a t i me when t he
House of t he Peopl e has been di ssol ved or t he di ssol ut i on of t he House of
t he Peopl e t akes pl ace duri ng t he peri od of t wo mont hs referred t o i n sub -
cl ause ( c), and i f a resol ut i on approvi ng t he Procl amat i on has been passed
by t he Counci l of St at es, but no resol ut i on wi t h respect t o such
Procl amat i on has been passed by t he House of t he Peopl e befor e t he


160 THE CONSTITUTION OF INDIA


expi rat i on of t hat peri od, t he Procl amat i on shal l cease t o operat e at t he
expi rat i on of t hi rt y days from t he dat e on whi ch t he House of t he Peopl e
fi rst si t s aft er i t s reconst i t ut i on unl ess before t he expi rat i on of t he sai d
peri od of t hi rt y days a resol ut i on approvi ng t he Procl amat i on has been al so
passed by t he House of t he Peopl e.
(3) Duri ng t he peri od any such Procl amat i on as i s ment i oned i n cl ause
(1) i s i n operat i on, t he execut i ve aut hori t y of t he Uni on shal l ext end t o t he
gi vi ng of di rect i ons t o any St at e t o observe such canons of fi nanci al
propri et y as may be speci fi ed i n t he di rect i ons, and t o t he gi vi ng of such
ot her di rect i ons as t he Presi dent may deem necessary and adequat e for t he
purpose.
(4) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on
(a) any such di rect i on may i ncl ude
(i ) a provi si on requi ri ng t he reduct i on of sal ari es and al l owances
of al l or any cl ass of persons servi ng i n connect i on wi t h t he affai rs
of a St at e;
(i i ) a provi si on requi ri ng al l Money Bi l l s or ot her Bi l l s t o whi ch
t he provi si ons of art i cl e 207 appl y t o be reserved for t he
consi derat i on of t he Presi dent aft er t hey are passed by t he
Legi sl at ure of t he St at e;
(b) i t shal l be compet ent for t he Presi dent duri ng t he peri od any
Procl amat i on i ssued under t hi s art i cl e i s i n operat i on t o i ssue di rect i ons
for t he reduct i on of sal ari es and al l owances of al l or any cl ass of
persons servi ng i n connect i on wi t h t he affai rs of t he Uni on i ncl udi ng
t he Judges of t he Supreme Court and t he Hi gh Court s.






















161 THE CONSTITUTION OF INDIA




PART XIX
MISCELLANEOUS
361. Protecti on of Presi dent and Governors and Rajpramukhs. (1)
The Presi dent , or t he Governor or Raj pramukh of a St at e, shal l not be
answerabl e t o any court for t he exerci se and performance of t he powers and
dut i es of hi s offi ce or for any act done or purport i ng t o be done by hi m i n
t he exerci se and performance of t hose powers and dut i es:
Provi ded t hat t he conduct of t he Presi dent may be brought under revi ew
by any court , t ri bunal or body appoi nt ed or desi gnat ed by ei t her House of
Parl i ament for t he i nvest i gat i on of a charge under art i cl e 61:
Provi ded furt her t hat not hi ng i n t hi s cl ause shal l be const rued as
rest ri ct i ng t he ri ght of any pers on t o bri ng appropri at e proceedi ngs agai nst
t he Government of Indi a or t he Government of a St at e.
(2) No cri mi nal proceedi ngs what soever shal l be i nst i t ut ed or cont i nued
agai nst t he Presi dent , or t he Governor of a St at e, i n any court duri ng hi s
t erm of offi ce.
(3) No process for t he arrest or i mpri sonment of t he Presi dent , or t he
Governor of a St at e, shal l i ssue fr om any court duri ng hi s t erm of offi ce.
(4) No ci vi l proceedi ngs i n whi ch rel i ef i s cl ai med agai nst t he Presi dent ,
or t he Governor of a St at e, shall be i nst i t ut ed duri ng hi s t erm of offi ce i n
any court i n respect of any act done or purport i ng t o be done by hi m i n hi s
personal capaci t y, whet her before or aft er he ent ered upon hi s offi ce as
Presi dent , or as Governor of such St at e, unt i l t he expi rat i on of t wo mont hs
next aft er not i ce i n wri t i ng has been del i vered t o t he Presi dent or t he
Governor, as t he case may be, or l eft at hi s offi ce st at i ng t he nat ure of t he
proceedi ngs, t he cause of act i on t herefor, t he name, descri pt i on and pl ace
of resi dence of t he part y by whom such proceedi ngs are t o be i nst i t ut ed
and t he rel i ef whi ch he cl ai ms.
361A. Protecti on of publ i cati on of proceedi ngs of Parl i ament and
State Legi sl atures. (1) No person shal l be l i abl e t o any proceedi ngs,
ci vi l or cri mi nal , i n any court i n respect of t he publ i cat i on i n a newspaper
of a subst ant i al l y t rue report of any pr oceedi ngs of ei t her House of
Parl i ament or t he Legi sl at i ve Assembl y, or, as t he case may be, ei t her
House of t he Legi sl at ure, of a St at e, unl ess t he publ i cat i on i s proved t o
have been made wi t h mal i ce:
Provi ded t hat not hi ng i n t hi s cl ause shal l appl y t o t he publ i cat i on of any
report of t he proceedi ngs of a secret si t t i ng of ei t her House of Parl i ament
or t he Legi sl at i ve Assembl y, or , as t he case may be, ei t her House of t he
Legi sl at ure, of a St at e.
165

161



162 THE CONSTITUTION OF INDIA


(2) Cl ause (1) shal l appl y i n rel at i on t o report s or mat t ers broadcast by
means of wi rel ess t el egraphy as part of any programme or servi ce provi ded
by means of a broadcast i ng st at i on as i t appl i es i n rel at i on t o report s or
mat t ers publ i shed i n a newspaper.
Explanation.In this article, newspaper includes a news agency report containing
material for publication in a newspaper.
361B. Di squal i f i cati on f or appoi ntment on remunerati ve pol i ti cal
post. A member of a House bel ongi ng t o any pol i t i cal part y who i s
di squal i fi ed for bei ng a member of t he House under paragraph 2 of t he
Tent h Schedul e shal l al so be di squal i fi ed t o hol d any remunerat i ve
pol i t i cal post for durat i on of t he peri od commenci ng from t he dat e of hi s
di squal i fi cat i on t i l l t he dat e on whi ch t he t erm of hi s offi ce as such
member woul d expi re or t i l l t he dat e on whi ch he cont est s an el ect i on t o a
House and i s decl ared el ect ed, whi chever i s earl i er.
Expl anat i on. - For t he purposes of t hi s art i cl e,
(a) t he expressi on House has t he meani ng assi gned t o i t i n
cl ause (a) of paragraph 1 of t he Tent h Schedul e;
(b) t he expressi on remunerat i ve pol i t i cal post means any
offi ce
(i ) under t he Government of Indi a or t he Government of a
St at e where t he sal ary or remunerat i on for such offi ce i s pai d out
of t he publ i c revenue of t he Government of Indi a or t he
Government of t he St at e, as t he case may be; or

(i i ) under a body, whet her i ncorporat ed or not , whi ch i s
whol l y or part i al l y owned by t he Government of Indi a or t he
Government of t he St at e, and t he sal ary or remunerat i on for such
offi ce i s pai d by such body,
except where such sal ary or remunerat i on pai d i s compensat ory i n nat ure.
362. [Rights and privileges of Rulers of Indian States.] Rep. by the Constitution (Twenty-
sixth Amendment) Act, 1971, s. 2.
363. Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.(1) Notwithstanding anything in this Constitution but subject to the
provisions of article 143, neither the Supreme Court nor any other court shall have
jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant,
engagement, sanad or other similar instrument which was entered into or executed before the
commencement of this Constitution by any Ruler of an Indian State and to which the
Government of the Dominion of India or any of its predecessor Governments was a party and
which has or has been continued in operation after such commencement, or in any dispute in
respect of any right accruing under or any liability or obligation arising out of any of the
provisions of this Constitution relating to any such treaty, agreement, covenant, engagement,
sanad or other similar instrument.




163 THE CONSTITUTION OF INDIA



(2) In this article
(a) Indian State means any territory recognised before the commencement of this
Constitution by His Majesty or the Government of the Dominion of India as being such a
State; and
(b) Ruler includes the Prince, Chief or other person recognised before such
commencement by His Majesty or the Government of the Dominion of India as the Ruler
of any Indian State.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be
abolished.Notwithstanding anything in this Constitution or in any law for the time being in
force
(a) the Prince, Chief or other person who, at any time before the commencement of
the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President
as the Ruler of an Indian State or any person who, at any time before such
commencement, was recognised by the President as the successor of such ruler shall, on
and from such commencement, cease to be recognised as such Ruler or the successor of
such Ruler;
(b) on and from the commencement of the Constitution (Twenty-sixth Amendment)
Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of
privy purse are extinguished and accordingly the Ruler or, as the case may be, the
successor of such Ruler, referred to in clause (a) or any other person shall not be paid any
sum as privy purse.
364. Speci al provi si ons as to major ports and aerodromes. (1)
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Presi dent may by publ i c
not i fi cat i on di rect t hat as from such dat e as may be speci fi ed i n t he
not i fi cat i on
(a) any l aw made by Par l i ament or by t he Legi sl at ure of a St at e
shal l not appl y t o any maj or port or aer odrome or shal l appl y t heret o
subj ect t o such except i ons or modi fi cat i ons as may be speci fi ed i n t he
not i fi cat i on, or
(b) any exi st i ng l aw shal l cease t o have effect i n any maj or por t or
aerodrome except as respect s t hi ngs done or omi t t ed t o be done before
t he sai d dat e, or shal l i n i t s appl i cat i on t o such port or aerodrome have
effect subj ect t o such except i ons or modi fi cat i ons as may be speci fi ed i n
t he not i fi cat i on.
(2) In t hi s art i cl e
(a) maj or port means a port decl ared t o be a maj or port by or
under any l aw made by Par l i ament or any exi st i ng l aw and i ncl udes al l
areas for t he t i me bei ng i ncl uded wi t hi n t he l i mi t s of such port ;
(b) aerodrome means aerodrome as defi ned for t he purposes of t he
enact ment s rel at i ng t o ai rways, ai rcraft and ai r navi gat i on.
365. Ef f ect of f ai l ure to compl y wi th, or to gi ve eff ect to, di recti ons
gi ven by the Uni on. Where any St at e has fai l ed t o compl y wi t h, or t o


164 THE CONSTITUTION OF INDIA


gi ve effect t o, any di rect i ons gi ven i n t he exerci se of t he execut i ve power
of t he Uni on under any of t he provi si ons of t hi s Const i t ut i on, i t shal l be
l awful for t he Presi dent t o hol d t hat a si t uat i on has ari sen i n whi ch t he
Government of t he St at e cannot be carri ed on i n accordance wi t h t he
provi si ons of t hi s Const i t ut i on.
366. Defi ni ti ons. In t hi s Const i t ut i on, unl ess t he cont e xt ot herwi se
requi res, t he fol l owi ng expressi ons have t he meani ngs hereby r espect i vel y
assi gned t o t hem, t hat i s t o say
(1) agri cul t ural i ncome means agri cul t ural i ncome as defi ned for
t he purposes of t he enact ment s rel at i ng t o Indi an i ncome -t ax;
(2) an Angl o-Indi an means a person whose fat her or any of whose
ot her mal e progeni t ors i n t he mal e l i ne i s or was of European descent
but who i s domi ci l ed wi t hi n t he t erri t ory of Indi a and i s or was born
wi t hi n such t erri t ory of parent s habi t ual l y resi dent t he rei n and not
est abl i shed t here for t emporar y purposes onl y;
(3) art i cl e means an art i cl e of t hi s Const i t ut i on;
(4) borr ow i ncl udes t he rai si ng of money by t he grant of
annui t i es, and l oan shal l be const rued accordi ngl y;
* * * * *
(5) cl ause means a cl ause of t he art i cl e i n whi ch t he expressi on
occurs;
(6) corporat i on t ax means any t ax on i ncome, so far as t hat t ax i s
payabl e by compani es and i s a t ax i n t he case of whi ch t he fol l owi ng
condi t i ons are ful fi l l ed:
(a) t hat i t i s not chargeabl e i n respect of agri cul t ural i ncome;
(b) t hat no deduct i on i n respect of t he t ax pai d by compani es i s,
by any enact ment s whi ch may appl y t o t he t ax, aut hori sed t o be
made from di vi dends payabl e by t he compan i es t o i ndi vi dual s;
(c) t hat no provi si on exi st s for t aki ng t he t ax so pai d i nt o
account i n comput i ng for t he purposes of Indi an i ncome -t ax t he
t ot al i ncome of i ndi vi dual s recei vi ng such di vi dends, or i n
comput i ng t he Indi an i ncome-t ax payabl e by, or refundabl e t o, such
i ndi vi dual s;
(7) correspondi ng Provi nce, correspondi ng Indi an St at e or
correspondi ng St at e means i n cases of doubt such Provi nce, Indi an
St at e or St at e as may be det ermi ned by t he Presi dent t o be t he
correspondi ng Provi nce, t he correspondi ng Indi an St at e or t he
correspondi ng St at e, as t he case may be, for t he part i cul ar purpose i n
quest i on;
(8) debt i ncl udes any l i abi l i t y i n respect of any obl i gat i on t o
repay capi t al sums by way of annui t i es and any l i abi l i t y under any
guarant ee, and debt charges shal l be const rued accordi ngl y;
(9) est at e dut y means a dut y t o be assessed on or by reference t o
t he pri nci pal val ue, ascert ai ned i n accordance wi t h such rul es as may be


165 THE CONSTITUTION OF INDIA


prescri bed by or under l aws made by Par l i ament or t he Legi sl at ure of a
St at e rel at i ng t o t he dut y, of al l propert y passi ng upon deat h or deemed,
under t he provi si ons of t he sai d l aws, so t o pass;
(10) exi st i ng l aw means any l aw, Ordi nance, order, bye -l aw, rul e
or regul at i on passed or made before t he commencement of t hi s
Const i t ut i on by any Legi sl at ure, aut hori t y or person havi ng power t o
make such a l aw, Ordi nance, order, bye -l aw, rul e or regul at i on;
(11) Federal Court means t he Federal Court const i t ut ed under t he
Government of Indi a Act , 1935;
(12) goods i ncl udes al l mat eri al s, commodi t i es, and art i cl es;
(13) guarant ee i ncl udes any obl i gat i on undert aken before t he
commencement of t hi s Const i t ut i on t o make payment s i n t he event of
t he profi t s of an undert aki ng fal l i ng short of a speci fi ed amount ;
(14) Hi gh Court means any Court whi ch i s deemed for t he
purposes of t hi s Const i t ut i on t o be a Hi gh Court for any St at e and
i ncl udes
(a) any Court i n t he t erri t or y of Indi a const i t ut ed or
reconst i t ut ed under t hi s Const i t ut i on as a Hi gh Court , and
(b) any ot her Court i n t he t erri t ory of Indi a whi ch may be
decl ared by Parl i ament by l aw t o be a Hi gh Court for al l or any of
t he purposes of t hi s Const i t ut i on;
(15) Indi an St at e means any t erri t ory whi ch t he Government of t he
Domi ni on of Indi a recogni sed as such a St at e;
(16) Part means a Part of t hi s Const i t ut i on;
(17) pensi on means a pensi on, whet her cont ri but ory or not , of any
ki nd what soever payabl e t o or i n respect of any person, and i ncl udes
ret i red pay so payabl e; a grat ui t y so payabl e and any sum or sums so
payabl e by way of t he ret urn, wi t h or wi t hout i nt erest t hereon or any
ot her addi t i on t heret o, of subscri pt i ons t o a provi dent fund;
(18) Procl amat i on of Emer gency means a Procl amat i on i ssued
under cl ause (1) of art i cl e 352;
(19) publ i c not i fi cat i on means a not i f i cat i on i n t he Gazet t e of
Indi a, or, as t he case may be, t he Offi ci al Gazet t e of a St at e;
(20) rai l way does not i ncl ude
(a) a t ramway whol l y wi t hi n a muni ci pal area, or
(b) any ot her l i ne of communi cat i on whol l y si t uat e i n one St at e
and decl ared by Parl i ament by l aw not t o be a rai l way;
* * * * *
(22) Rul er means t he Pri nce, Chi ef or ot her person who, at any
t i me before t he commencement of t he Const i t ut i on (Twent y-si xt h
Amendment ) Act , 1971, was recogni sed by t he Presi dent as t he Rul er of
an Indi an St at e or any person who, at any t i me before such
commencement , was recogni sed by t he Presi dent as t he successor of
such Rul er;


166 THE CONSTITUTION OF INDIA


(23) Schedul e means a Schedul e t o t hi s Const i t ut i on;
(24) Schedul ed Cast es means such cast es, races or t ri bes or part s
of or groups wi t hi n such cast es, races or t ri bes as are deemed under
art i cl e 341 t o be Schedul ed Cast es for t he purposes of t hi s Const i t ut i on;
(25) Schedul ed Tri bes means such t ri bes or t ri bal communi t i es o r
part s of or gr oups wi t hi n such t ri bes or t ri bal communi t i es as are
deemed under art i cl e 342 t o be Schedul ed Tri bes for t he purposes of t hi s
Const i t ut i on;
(26) securi t i es i ncl udes st ock;
* * * * *
(27) sub-cl ause means a sub-cl ause of t he cl ause i n whi ch t he
expressi on occurs;
(28) t axat i on i ncl udes t he i mposi t i on of any t ax or i mpost ,
whet her general or l ocal or speci al , and t ax shal l be const rued
accordi ngl y;
(29) t ax on i ncome i ncl udes a t ax i n t he nat ure of an excess
profi t s t ax;
(29A) t ax on t he sal e or purchase of goods i ncl udes
(a) a t ax on t he t ransfer, ot herwi se t han i n pursuance of a
cont ract , of propert y i n any goods for cash, deferred payment or
ot her val uabl e consi derat i on;
(b) a t ax on t he t ransfer of propert y i n goods (whet her as goods
or i n some ot her form) i nvol ved i n t he execut i on of a works
cont ract ;
(c) a t ax on t he del i ver y of goods on hi re -purchase or any
syst em of payment by i nst al ment s;
(d) a t ax on t he t ransfer of t he ri ght t o use any goods for any
purpose (whet her or not for a speci fi ed peri od) for cash, deferred
payment or ot her val uabl e consi derat i on;
(e) a t ax on t he suppl y of goods by any uni ncorporat ed
associ at i on or body of persons t o a member t hereof for cash,
deferred payment or ot her val uabl e consi derat i on;
(f ) a t ax on t he suppl y, by way of or as part of any servi ce or i n
any ot her manner what soever, of goods, bei ng food or any ot her
art i cl e for human consumpt i on or any dri nk (whet her or not
i nt oxi cat i ng), where such supply or ser vi ce, i s for cash, defer red
payment or ot her val uabl e consi derat i on;
and such t ransfer, del i very or suppl y of any goods shal l be deemed t o
be a sal e of t hose goods by t he person maki ng t he t ransfer, del i ver y or
suppl y and a purchase of t hose goods by t he person t o whom such
t ransfer, del i very or suppl y i s made;
(30) "Uni on t erri t ory" means any Uni on t erri t ory speci fi ed i n t he
Fi rst Schedul e and i ncl udes any ot her t erri t or y compri sed wi t hi n t he
t erri t ory of Indi a but not speci fi ed i n t hat Schedul e.


167 THE CONSTITUTION OF INDIA


367. Interpretati on. (1) Unl ess t he cont ext ot herwi se requi res, t he
General Cl auses Act , 1897, shal l , subj ect t o any adapt at i ons and
modi fi cat i ons t hat may be made t herei n under art i cl e 372, appl y for t he
i nt erpret at i on of t hi s Const i t ut i on a s i t appl i es for t he i nt erpret at i on of an
Act of t he Legi sl at ure of t he Domi ni on of Indi a.
(2) Any reference i n t hi s Const i t ut i on t o Act s or l aws of, or made by,
Parl i ament , or t o Act s or l aws of, or made by, t he Legi sl at ure of a St at e,
shal l be const rued as i ncl udi ng a reference t o an Ordi nance made by t he
Presi dent or, t o an Ordi nance made by a Governor, as t he case may be.
(3) For t he purposes of t hi s Const i t ut i on forei gn St at e means any St at e
ot her t han Indi a:
Provi ded t hat , subj ect t o t he provi si ons of any l aw made by Parl i ament ,
t he Presi dent may by order decl are any St at e not t o be a forei gn St at e for
such purposes as may be speci fi ed i n t he order.


168 THE CONSTITUTION OF INDIA


PART XX
AMENDMENT OF THE CONSTITUTION
368. Power of Parl i ament to amend the Consti tuti on and proce dure
theref or. (1) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, Parl i ament
may i n exerci se of i t s const i t uent power amend by way of addi t i on,
vari at i on or repeal any provi si on of t hi s Const i t ut i on i n accordance wi t h
t he procedure l ai d down i n t hi s art i cl e.
(2) An amendment of t hi s Const i t ut i on may be i ni t i at ed onl y by t he
i nt roduct i on of a Bi l l for t he purpose i n ei t her House of Parl i ament , and
when t he Bi l l i s passed i n each House by a maj ori t y of t he t ot al
membershi p of t hat House and by a maj ori t y of not l ess t han t wo-t hi rds of
t he members of t hat House present and vot i ng, i t shal l be present ed t o t he
Presi dent who shal l gi ve hi s assent t o t he Bi l l and t hereupon t he
Const i t ut i on shal l st and amended i n accordance wi t h t he t erms of t he Bi l l :
Provi ded t hat i f such amendment seeks t o make any change i n
(a) art i cl e 54, art i cl e 55, art i cle 73, art i cl e 162 or art i cl e 241, or
(b) Chapt er IV of Part V, Chapt er V of Part VI, or Chapt er I of
Part XI, or
(c) any of t he Li st s i n t he Sevent h Schedul e, or
(d) t he represent at i on of St at es i n Parl i ament , or
(e) t he provi si ons of t hi s art i cl e,
t he amendment shal l al so requi re t o be rat i fi ed by t he Legi sl at ures of not
l ess t han one-hal f of t he St at es by resol ut i ons t o t hat effect passed by
t hose Legi sl at ures before t he Bi l l maki ng provi si on for such amendment i s
present ed t o t he Presi dent for assent .
(3) Not hi ng i n art i cl e 13 shal l appl y t o any amendment made under t hi s
art i cl e.
1
[(4) No amendment of t hi s Const i t ut i on (i ncl udi ng t he provi si ons of
Part III) made or purport i ng t o have been made under t hi s art i cl e whet her
before or aft er t he commencement of sect i on 55 of t he Const i t ut i on (Fort y -
second Amendment ) Act , 1976 shal l be cal l ed i n quest i on i n any court on
any gr ound.
(5) For t he removal of doubt s, i t i s hereby decl ared t hat t here shal l be
no l i mi t at i on what ever on t he const i t uent power of Par l i ament t o amend by
way of addi t i on, vari at i on or repeal t he provi si ons of t hi s Const i t ut i on
under t hi s art i cl e. ]


1. Cls. (4) and (5) were ins. in article 368 by s. 55 of the Constitution (Forty-second Amendment) Act, 1976. This section
has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs. Union of India and Others
(1980 ) 2 S.C.C. 591.

168



169 THE CONSTITUTION OF INDIA


PART XXI
TEMPORARY, TRANSITIONAL AND SPECIAL
PROVISIONS
369. Temporary power to Parl i ament to make l aws wi th respect to
certai n matters i n the State Li st as i f they were matters i n the
Concurrent Li st. Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
Parl i ament shal l , duri ng a peri od of fi ve years from t he commencement of
t hi s Const i t ut i on, have power t o make l aws wi t h respect t o t he fol l owi ng
mat t ers as i f t hey were enumerat ed i n t he Concurrent Li st , namel y:
(a) t rade and commerce wi t hi n a St at e i n, and t he product i on, suppl y
and di st ri but i on of, cot t on and wool l en t ext i l es, raw cot t on (i ncl udi ng
gi nned cot t on and ungi nned cot t on or kapas), cot t on seed, paper
(i ncl udi ng newspri nt ), food-st uffs (i ncl udi ng edi bl e oi l seeds and oi l ),
cat t l e fodder ( i ncl udi ng oi l -cakes and ot her concent rat es), coal
(i ncl udi ng coke and deri vat i ves of coal ), i ron, st eel and mi ca;
(b) offences agai nst l aws wi t h respect t o any of t he mat t ers
ment i oned i n cl ause ( a), j uri sdi ct i on and powers of al l court s except t he
Supreme Court wi t h respect t o any of t hose mat t ers, and fees i n respect
of any of t hose mat t ers but not i ncl udi ng fees t aken i n any court ;
but any l aw made by Par l i ament , whi ch Parl i ament woul d not but for t he
provi si ons of t hi s art i cl e have been compet ent t o make, shal l , t o t he ext ent
of t he i ncompet ency, cease t o have effect on t he expi rat i on of t he sai d
peri od, except as respect s t hi ngs done or omi t t ed t o be done before t he
expi rat i on t hereof.
1
370. Temporary provi si ons wi th respect to the State of Jammu and
Kashmi r. (1) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
(a) t he provi si ons of art i cl e 238 shal l not appl y i n rel at i on t o t he
St at e of Jammu and Kashmi r;
(b) t he power of Par l i ament t o make l aws for t he sai d St at e shal l be
l i mi t ed t o
(i ) t hose mat t ers i n t he Uni on Li st and t he Concurrent Li st
whi ch, i n consul t at i on wi t h t he Government of t he St at e, are
decl ared by t he Presi dent t o correspond t o mat t ers speci fi ed i n t he
Inst rument of Accessi on governi ng t he accessi on of t he St at e t o t he
Domi ni on of Indi a as t he mat t ers wi t h respect t o whi ch t he
Domi ni on Legi sl at ure may make l aws for t hat St at e; and
(i i ) such ot her mat t ers i n t he sai d Li st s as, wi t h t he concurrence
of t he Government of t he St at e, t he Presi dent may by order speci fy.





________________________________________________________________________________________
1. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent
Assembly of the State of Jammu and Kashmir, declared that, as from the 17
th
day of November, 1952, the
said art. 370 shall be operative with the modification that for the Explanation in cl. (1) thereof, the following
Explanation is substituted, namely:-
Explanation For the purposes of this article, the Government of the State means the person for the time
being recognised by the President on the recommendation of the Legislative Assembly of the State as the
*Sadar-I Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for
the time being in office..
(Ministry of Law Order No. C.O. 44, dated the 15
th
November, 1952).
*Now Governor.
169


170 THE CONSTITUTION OF INDIA


Expl anat i on. For t he purposes of t hi s art i cl e, t he Government
of t he St at e means t he person for t he t i me bei ng recogni sed by t he
Presi dent as t he Maharaj a of Jammu and Kashmi r act i ng on t he advi ce of
t he Counci l of Mi ni st ers for t he t i me bei ng i n offi c e under t he Maharaj as
Procl amat i on dat ed t he fi ft h day of March, 1948;
(c) t he provi si ons of art i cl e 1 and of t hi s art i cl e shal l appl y i n
rel at i on t o t hat St at e;
(d) such of t he ot her provi si ons of t hi s Const i t ut i on shal l appl y i n
rel at i on t o t hat St at e s ubj ect t o such except i ons and modi fi cat i ons as t he
Presi dent may by order speci fy:
Provi ded t hat no such order whi ch rel at es t o t he mat t ers speci fi ed i n t he
Inst rument of Accessi on of t he St at e referred t o i n paragraph ( i ) of sub-
cl ause ( b) shal l be i ssued except i n consul t at i on wi t h t he Government of
t he St at e:
Provi ded furt her t hat no such order whi ch rel at es t o mat t ers ot her t han
t hose referred t o i n t he l ast precedi ng provi so shal l be i ssued except wi t h
t he concurrence of t hat Government .
(2) If t he concurrence of t he Government of t he St at e referr ed t o i n
paragraph ( i i ) of sub-cl ause ( b) of cl ause (1) or i n t he second provi so t o
sub-cl ause (d) of t hat cl ause be gi ven before t he Const i t uent Assembl y for
t he purpose of frami ng t he Const i t ut i on of t he St at e i s convened, i t shal l
be pl aced before such Assembl y for such deci si on as i t may t ake t hereon.
(3) Not wi t hst andi ng anyt hi ng i n t he foregoi ng provi si ons of t hi s art i cl e,
t he Presi dent may, by publ i c not i fi cat i on, decl are t hat t hi s art i cl e shal l
cease t o be operat i ve or shal l be operat i ve onl y wi t h such except i ons and
modi fi cat i ons and from such dat e as he may speci fy:
Provi ded t hat t he recommendat i on of t he Const i t uent Assembly of t he
St at e referred t o i n cl ause (2) shal l be necessary before t he Presi d ent
i ssues such a not i fi cat i on.
371. Speci al provi si on wi th respect to the States of Maharashtra and
Gujarat. * * * * *
(2) Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Presi dent may by
order made wi t h respect t o t he St at e of Maharasht ra or Guj arat , provi de for
any speci al responsi bi l i t y of t he Governor for
(a) t he est abl i shment of separat e devel opment boards for Vi dar bha,
Marat hwada, and t he rest of Maharasht ra or, as t he case ma y be,
Saurasht ra, Kut ch and t he rest of Guj arat wi t h t he provi si on t hat a
report on t he worki ng of each of t hese boards wi l l be pl aced each year
before t he St at e Legi sl at i ve Assembl y;
(b) t he equi t abl e al l ocat i on of funds for devel opment al expendi t ure
over t he sai d areas, subj ect t o t he requi rement s of t he St at e as a whol e;
and


171 THE CONSTITUTION OF INDIA


(c) an equi t abl e arrangement provi di ng adequat e faci l i t i es for
t echni cal educat i on and vocat i onal t rai ni ng, and adequat e opport uni t i es
for empl oyment i n servi ces under t he cont rol of t he St at e Government ,
i n respect of al l t he sai d areas, subj ect t o t he requi rement s of t he St at e
as a whol e.
371A. Speci al provi si on wi th respect to the State of Nagal and. (1)
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
(a) no Act of Parl i ament i n r espect of
(i ) rel i gi ous or soci al pract i ces of t he Nagas,
(i i ) Naga cust omary l aw and procedure,
(i i i ) admi ni st rat i on of ci vi l and cri mi nal j ust i ce i nvol vi ng
deci si ons accordi ng t o Naga cust omar y l aw,
(i v) ownershi p and t ransfer of l and and i t s resources,
shal l appl y t o t he St at e of Nagal and unl ess t he Legi sl at i ve Assembl y of
Nagal and by a resol ut i on so deci des;
(b) t he Governor of Nagal and shal l have speci al responsi bi l i t y wi t h
respect t o l aw and order i n t he St at e of Nagal and for so l ong as i n hi s
opi ni on i nt ernal di st urbances occurri ng i n t he Naga Hi l l s -Tuensang Area
i mmedi at el y before t he format i on of t hat St at e cont i nue t herei n or i n
any part t hereof and i n t he di scharge of hi s funct i ons i n rel at i on t heret o
t he Governor shal l , aft er consul t i ng t he Counci l of Mi ni st ers, exerci se
hi s i ndi vi dual j udgment as t o t he act i on t o be t aken:
Provi ded t hat i f any quest i on ari ses whet her any mat t er i s or i s not a
mat t er as respect s whi ch t he Governor i s under t hi s sub -cl ause requi red t o
act i n t he exerci se of hi s i ndi vi dual j udgment , t he deci si on of t he Governor
i n hi s di scret i on shal l be fi nal , and t he val i di t y of anyt hi ng done by t he
Governor shal l not be cal l ed i n quest i on on t he ground t hat he ought or
ought not t o have act ed i n t he exerci se of hi s i ndi vi dual j udgment :
Provi ded furt her t hat i f t he Presi dent on recei pt of a report from t he
Governor or ot herwi se i s sat i sfi ed t hat i t i s no l onger necessar y for t he
Governor t o have speci al responsi bi l i t y wi t h respect t o l aw and order i n t he
St at e of Nagal and, he may by or der di rect t hat t he Governor shal l cease t o
have such responsi bi l i t y wi t h effect from such dat e as may be speci fi ed i n
t he order;
(c) i n maki ng hi s recommendat i on wi t h respect t o any demand for a
grant , t he Governor of Nagal and shal l ensure t hat any money provi ded
by t he Government of Indi a out of t he Consol i dat ed Fund of Indi a for
any speci fi c servi ce or purpose i s i ncl uded i n t he demand for a grant
rel at i ng t o t hat servi ce or purpose and not i n any ot her demand;
(d) as from such dat e as t he Governor of Nagal and may by publ i c
not i fi cat i on i n t hi s behal f speci fy, t here shal l be est abl i shed a regi onal
counci l for t he Tuensang di st ri ct consi st i ng of t hi rt y-fi ve members and
t he Governor shal l i n hi s di scret i on make rul es provi di ng for


172 THE CONSTITUTION OF INDIA


(i ) t he composi t i on of t he regi onal counci l and t he manner i n
whi ch t he members of t he regi onal counci l shal l be chosen:
Provided that the Deputy Commissioner of the Tuensang district shall be the
Chairman ex officio of the regional council and the Vice-Chairman of the regional council
shall be elected by the members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being, members of the
regional council;
(iii) the term of office of, and the salaries and allowances, if any, to be paid to
members of, the regional council;
(iv) the procedure and conduct of business of the regional council;
(v) the appointment of officers and staff of the regional council and their
conditions of services; and
(vi) any other matter in respect of which it is necessary to make rules for the
constitution and proper functioning of the regional council.
(2) Notwithstanding anything in this Constitution, for a period of ten years from the date
of the formation of the State of Nagaland or for such further period as the Governor may, on
the recommendation of the regional council, by public notification specify in this behalf,
(a) the administration of the Tuensang district shall be carried on by the Governor;
(b) where any money is provided by the Government of India to the Government of
Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor
shall in his discretion arrange for an equitable allocation of that money between the
Tuensang district and the rest of the State;
(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the
Governor, on the recommendation of the regional council, by public notification so directs
and the Governor in giving such direction with respect to any such Act may direct that the
Act shall in its application to the Tuensang district or any part thereof have effect subject
to such exceptions or modifications as the Governor may specify on the recommendation
of the regional council:
Provided that any direction given under this sub-clause may be given so as to have
retrospective effect;
(d) the Governor may make regulations for the peace, progress and good government
of the Tuensang district and any regulations so made may repeal or amend with
retrospective effect, if necessary, any Act of Parliament or any other law which is for the
time being applicable to that district;
(e) (i) one of the members representing the Tuensang district in the Legislative
Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor
on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act
on the recommendation of the majority of the members as aforesaid;
(i i ) t he Mi ni st er for Tuensang affai rs shal l deal wi t h, and have
di rect access t o t he Governor on, al l mat t ers rel at i ng t o t he Tuensang
di st ri ct but he shal l keep t he Chi ef Mi ni st er i nformed about t he same;
(f ) not wi t hst andi ng anyt hi ng i n t he foregoi ng provi si ons of t hi s
cl ause, t he fi nal deci si on on al l mat t ers rel at i ng t o t he Tu ensang di st ri ct
shal l be made by t he Governor i n hi s di scret i on;


173 THE CONSTITUTION OF INDIA


(g) i n art i cl es 54 and 55 and cl ause (4) of art i cl e 80, references t o
t he el ect ed members of t he Legi sl at i ve Assembl y of a St at e or t o each
such member shal l i ncl ude references t o t he members or member of t he
Legi sl at i ve Assembl y of Nagal and el ect ed by t he regi onal counci l
est abl i shed under t hi s art i cl e;
(h) i n art i cl e 170
(i ) cl ause (1) shal l , i n rel at i on t o t he Legi sl at i ve Assembl y of
Nagal and, have effect as i f for t he word si xt y, t he word fort y -
si x had been subst i t ut ed;
(i i ) i n t he sai d cl ause, t he reference t o di rect el ect i on fr om
t erri t ori al const i t uenci es i n t he St at e shal l i ncl ude el ect i on by t he
members of t he regi onal counci l est abl i shed under t hi s art i cl e;
(i i i ) i n cl auses (2) and (3), references t o t erri t ori al
const i t uenci es shal l mean refer ences t o t erri t ori al const i t uenci es i n
t he Kohi ma and Mokokchung di st r i ct s.
(3) If any di ffi cul t y ari ses i n gi vi ng effect t o any of t he foregoi ng
provi si ons of t hi s art i cl e, t he Presi dent may by order do anyt hi ng
(i ncl udi ng any adapt at i on or modi fi cat i on of any ot her art i cl e) whi ch
appears t o hi m t o be necessary for t he purp ose of removi ng t hat di ffi cul t y:
Provi ded t hat no such order shal l be made aft er t he expi rat i on of t hree
years fr om t he dat e of t he format i on of t he St at e of Nagal and.
Expl anat i on. . In t hi s art i cl e, t he Kohi ma, Mokokchung and Tuensang
di st ri ct s shal l have t he same meani ngs as i n t he St at e of Nagal and Act ,
1962.
371B. Speci al provi si on wi th respect to the State of Assam.
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Presi dent may, by order
made wi t h respect t o t he St at e of Assam, provi de for t he const i t ut i on and
funct i ons of a commi t t ee of t he Legi sl at i ve Assembl y of t he St at e
consi st i ng of members of t hat Assembl y el ect ed from t he t ri bal areas
speci fi ed i n Part I of t he t abl e appended t o paragraph 20 of t he Si xt h
Schedul e and such number of ot her members of t hat Assembl y as may be
speci fi ed i n t he order and for t he modi fi cat i ons t o be made i n t he rul es of
procedure of t hat Assembl y for t he const i t ut i on and proper funct i oni ng of
such commi t t ee.
371C. Speci al provi si on wi th respect to the State of Mani pur. (1)
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Presi dent may, by order
made wi t h respect t o t he St at e of Mani pur, provi de for t he const i t ut i on and
funct i ons of a commi t t ee of t he Legi sl at i ve Assembl y of t he St at e
consi st i ng of members of t hat Assembl y el ect ed from t he Hi l l Areas of t hat
St at e, for t he modi fi cat i ons t o be made i n t he rul es of busi ness of t he
Government and i n t he rul es of procedure of t he Legi sl at i ve Assembl y of
t he St at e and for any speci al responsi bi l i t y of t he Governor i n ord er t o
secure t he proper funct i oni ng of such commi t t ee.


174 THE CONSTITUTION OF INDIA


(2) The Governor shall annually, or whenever so required by the President, make a report
to the President regarding the administration of the Hill Areas in the State of Manipur and the
executive power of the Union shall extend to the giving of directions to the State as to the
administration of the said areas.
Explanation.In this article, the expression Hill Areas means such areas as the
President may, by order, declare to be Hill areas.
371D. Special provisions with respect to the State of Andhra Pradesh.(1) The
President may by order made with respect to the State of Andhra Pradesh provide, having
regard to the requirements of the State as a whole, for equitable opportunities and facilities for
the people belonging to different parts of the State, in the matter of public employment and in
the matter of education, and different provisions may be made for various parts of the State.
(2) An order made under clause (1) may, in particular,
(a) require the State Government to organise any class or classes of posts in a civil
service of, or any class or classes of civil posts under, the State into different local cadres
for different parts of the State and allot in accordance with such principles and procedure
as may be specified in the order the persons holding such posts to the local cadres so
organised;
(b) specify any part or parts of the State which shall be regarded as the local area
(i) for direct recruitment to posts in any local cadre (whether organised in
pursuance of an order under this article or constituted otherwise) under the State
Government;
(ii) for direct recruitment to posts in any cadre under any local authority within the
State; and
(iii) for the purposes of admission to any University within the State or to any other
educational institution which is subject to the control of the State Government;
(c) specify the extent to which, the manner in which and the conditions subject to
which, preference or reservation shall be given or made
(i) in the matter of direct recruitment to posts in any such cadre referred to in
sub-clause (b) as may be specified in this behalf in the order;
(ii) in the matter of admission to any such University or other educational
institution referred to in sub-clause (b) as may be specified in this behalf in the
order,
t o or i n favour of candi dat es who have resi ded or st udi ed for any peri od
speci fi ed i n t he order i n t he l ocal area i n respect of such cadre, Uni versi t y
or ot her educat i onal i nst i t ut i on, as t he case may be.
(3) The Presi dent may, by or der, provi de for t he const i t ut i on of an
Admi ni st rat i ve Tri bunal for t he St at e of Andhra Pradesh t o exerci se such
j uri sdi ct i on, powers and aut hori t y [i ncl udi ng any j uri sdi ct i on, power and
aut hor i t y whi ch i mmedi at el y before t he commencement of t he Const i t ut i on
(Thi rt y-second Amendment ) Act , 1973, was exerci sabl e by any court (ot her
t han t he Supreme Court ) or by any t ri bunal or ot her aut hori t y] as may be
speci fi ed i n t he order wi t h respect t o t he f ol l owi ng mat t ers, namel y:


175 THE CONSTITUTION OF INDIA


(a) appoi nt ment , al l ot ment or promot i on t o such cl ass or cl asses of
post s i n any ci vi l ser vi ce of t he St at e, or t o such cl ass or cl asses of ci vi l
post s under t he St at e, or t o such cl ass or cl asses of post s under t he
cont rol of any l ocal aut hori t y wi t hi n t he St at e, as may be speci fi ed i n
t he order;
(b) seni ori t y of persons appoi nt ed, al l ot t ed or promot ed t o such
cl ass or cl asses of post s i n any ci vi l servi ce of t he St at e, or t o such
cl ass or cl asses of ci vi l post s under t he St at e, or t o such cl ass or cl asses
of post s under t he cont rol of any l ocal aut hori t y wi t hi n t he St at e, as may
be speci fi ed i n t he order;
(c) such ot her condi t i ons of servi ce of persons appoi nt ed, al l ot t ed or
promot ed t o such cl ass or cl asses of post s i n any ci vi l servi ce of t he
St at e or t o such cl ass or cl asses of ci vi l post s under t he St at e or t o such
cl ass or cl asses of post s under t he cont rol of any l ocal aut hori t y wi t hi n
t he St at e, as may be speci fi ed i n t he order.
(4) An order made under cl ause (3) may
(a) aut hori se t he Admi ni st rat i ve Tri bunal t o recei ve
represent at i ons for t he redress of gri evances rel at i ng t o any mat t er
wi t hi n i t s j uri sdi ct i on as t he Presi dent may speci fy i n t he order and
t o make such orders t hereon as t he Admi ni st rat i ve Tri bunal deems
fi t ;
(b) cont ai n such provi si ons wi t h respect t o t he powers and
aut hori t i es and procedure of t he Admi ni st rat i ve Tri bunal (i ncl udi ng
provi si ons wi t h respect t o t he powers of t he Admi ni st rat i ve Tri bunal
t o puni sh for cont empt of i t sel f) as t he Presi den t may deem
necessary;
(c) provi de for t he t ransfer t o t he Admi ni st rat i ve Tri bunal of
such cl asses of proceedi ngs, bei ng proceedi ngs rel at i ng t o mat t ers
wi t hi n i t s j uri sdi ct i on and pendi ng before any court (ot her t han t he
Supreme Court ) or t ri bunal or ot her aut hori t y i mmedi at el y before
t he commencement of such order, as may be speci fi ed i n t he order;
(d) cont ai n such suppl ement al , i nci dent al and consequent i al
provi si ons (i ncl udi ng provi si ons as t o fees and as t o l i mi t at i on,
evi dence or for t he appl i cat i on of any l aw for t he t i me bei ng i n
force subj ect t o any except i ons or modi fi cat i ons) as t he Presi dent
may deem necessary.
1
(5) The Order of t he Admi ni st rat i ve Tri bunal fi nal l y di sposi ng of any
case shal l become effect i ve upon i t s confi rmat i on by t he St at e Government
or on t he expi ry of t hree mont hs fr om t he dat e on whi ch t he order i s made,
whi chever i s earl i er:
Provi ded t hat t he St at e Government may, by speci al order made i n
wri t i ng and for reasons t o be speci fi ed t herei n, modi fy or annul any order
of t he Admi ni st rat i ve Tri bunal before i t becomes effect i ve and i n such a
case, t he order of t he Admi ni st rat i ve Tri bunal shal l have effect onl y i n
such modi fi ed form or be of no effect , as t he case may be.
_______________________________________________
1. In P. Sambamurthy and others vs. State of Andhara Pradesh and other (1987) 1SCC, p. 362, the Supreme Court
declared clause (5) of art. 371D along with the proviso to be unconstitutional and void.





176 THE CONSTITUTION OF INDIA


(6) Ever y speci al order made by t he St at e Government under t he provi so
t o cl ause (5) shal l be l ai d, as soon as may be aft er i t i s made, before bot h
Houses of t he St at e Legi sl at ure.
(7) The Hi gh Court for t he St at e shal l not have any powers of
superi nt endence over t he Admi ni st rat i ve Tri bunal and no court (ot her t han
t he Supreme Court ) or t ri bunal shal l exerci se any j uri sdi ct i on, power or
aut hori t y i n respect of any mat t er subj ect t o t he j uri sdi ct i on, power or
aut hori t y of, or i n rel at i on t o, t he Admi ni st rat i ve Tri bunal .
(8) If t he Presi dent i s sat i sfi ed t hat t he cont i nued exi st ence of t he
Admi ni st rat i ve Tri bunal i s not necessary, t he Presi dent may by order
abol i sh t he Admi ni st rat i ve Tri bunal and make such provi si ons i n such
order as he may deem fi t for t he t ransfer and di sposal of cases pendi ng
before t he Tri bunal i mmedi at el y before such abol i t i on.
(9) Not wi t hst andi ng any j udgment , decree or order of any court , t ri bunal
or ot her aut hori t y,
(a) no appoi nt ment , post i ng, promot i on or t ransfer of any person
(i ) made before t he 1st day of November, 1956, t o any post
under t he Government of, or any l ocal aut hori t y wi t hi n, t he St at e of
Hyderabad as i t exi st ed before t hat dat e; or
(i i ) made before t he commencement of t he Const i t ut i on (Thi rt y -
second Amendment ) Act , 1973, t o any post under t he Government
of, or any l ocal or ot her aut hori t y wi t hi n, t he St at e of Andhra
Pradesh; and
(b) no act i on t aken or t hi ng done by or before any pe rson referr ed t o
i n sub-cl ause ( a),
shal l be deemed t o be i l l egal or voi d or ever t o have become i l l egal or voi d
merel y on t he ground t hat t he appoi nt ment , post i ng, promot i on or t ransfer
of such person was not made i n accordance wi t h any l aw, t hen i n force ,
provi di ng for any requi rement as t o resi dence wi t hi n t he St at e of
Hyderabad or, as t he case may be, wi t hi n any part of t he St at e of Andhra
Pradesh, i n respect of such appoi nt ment , post i ng, promot i on or t ransfer.
(10) The provi si ons of t hi s art i cl e and of any order made by t he
Presi dent t hereunder shal l have effect not wi t hst andi ng anyt hi ng i n any
ot her provi si on of t hi s Const i t ut i on or i n any ot her l aw for t he t i me bei ng
i n force.
371E. Establ i shment of Central Uni versi ty i n Andhra Pradesh.
Parl i ament may by l aw provi de for t he est abl i shment of a Uni versi t y i n t he
St at e of Andhra Pradesh.
371F. Speci al provi si ons wi th respect to the State of Si kki m.
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on,
(a) t he Legi sl at i ve Assembl y of t he St at e of Si kki m shal l c onsi st of
not l ess t han t hi rt y members;


177 THE CONSTITUTION OF INDIA


(b) as fr om t he dat e of commencement of t he Const i t ut i on (Thi rt y -
si xt h Amendment ) Act , 1975 (hereaft er i n t hi s art i cl e referred t o as t he
appoi nt ed day)
(i ) t he Assembl y for Si kki m for med as a resul t of t he el ect i on s
hel d i n Si kki m i n Apri l , 1974 wi t h t hi rt y-t wo members el ect ed i n
t he sai d el ect i ons (herei naft er referred t o as t he si t t i ng members)
shal l be deemed t o be t he Legi sl at i ve Assembl y of t he St at e of
Si kki m dul y const i t ut ed under t hi s Const i t ut i on;
(i i ) t he si t t i ng members shal l be deemed t o be t he members of
t he Legi sl at i ve Assembl y of t he St at e of Si kki m dul y el ect ed under
t hi s Const i t ut i on; and
(i i i ) t he sai d Legi sl at i ve Assembl y of t he St at e of Si kki m shal l
exerci se t he powers and perfor m t he funct i ons of t he Legi sl at i ve
Assembl y of a St at e under t hi s Const i t ut i on;
(c) i n t he case of t he Assembl y deemed t o be t he Legi sl at i ve
Assembl y of t he St at e of Si kki m under cl ause ( b), t he references t o t he
peri od of fi ve years, i n cl ause (1) of art i cl e 172 shal l be const rued as
references t o a peri od of four years and t he sai d peri od of four years
shal l be deemed t o commence from t he appoi nt ed day;
(d) unt i l ot her provi si ons are made by Parl i ament by l aw, t here
shal l be al l ot t ed t o t he St at e of Si kki m one seat i n t h e House of t he
Peopl e and t he St at e of Si kki m shal l form one parl i ament ary
const i t uency t o be cal l ed t he parl i ament ary const i t uency for Si kki m;
(e) t he represent at i ve of t he St at e of Si kki m i n t he House of t he
Peopl e i n exi st ence on t he appoi nt ed day shal l be el ect ed by t he
members of t he Legi sl at i ve Assembl y of t he St at e of Si kki m;
(f ) Parl i ament may, for t he purpose of prot ect i ng t he ri ght s and
i nt erest s of t he di fferent sect i ons of t he popul at i on of Si kki m make
provi si on for t he number of seat s i n t he Le gi sl at i ve Assembl y of t he
St at e of Si kki m whi ch may be fi l l ed by candi dat es bel ongi ng t o such
sect i ons and for t he del i mi t at i on of t he assembl y const i t uenci es from
whi ch candi dat es bel ongi ng t o such sect i ons al one may s t and for
el ect i on t o t he Legi sl at i ve Assembl y of t he St at e of Si kki m;
(g) the Governor of Sikkim shall have special responsibility for peace and for an
equitable arrangement for ensuring the social and economic advancement of different
sections of the population of Sikkim and in the discharge of his special responsibility
under this clause, the Governor of Sikkim shall, subject to such directions as the President
may, from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the
State of Sikkim) which immediately before the appointed day were vested in the
Government of Sikkim or in any other authority or in any person for the purposes of the
Government of Sikkim shall, as from the appointed day, vest in the Government of the
State of Sikkim;


178 THE CONSTITUTION OF INDIA


(i) the High Court functioning as such immediately before the appointed day in the
territories comprised in the State of Sikkim shall, on and from the appointed day, be
deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers,
judicial, executive and ministerial, throughout the territory of the State of Sikkim shall
continue on and from the appointed day to exercise their respective functions subject to
the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in the territories comprised
in the State of Sikkim or any part thereof shall continue to be in force therein until
amended or repealed by a competent Legislature or other competent authority;
(l) for the purpose of facilitating the application of any such law as is referred to in
clause (k) in relation to the administration of the State of Sikkim and for the purpose of
bringing the provisions of any such law into accord with the provisions of this
Constitution, the President may, within two years from the appointed day, by order, make
such adaptations and modifications of the law, whether by way of repeal or amendment,
as may be necessary or expedient, and thereupon, every such law shall have effect subject
to the adaptations and modifications so made, and any such adaptation or modification
shall not be questioned in any court of law;
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect
of any dispute or other matter arising out of any treaty, agreement, engagement or other
similar instrument relating to Sikkim which was entered into or executed before the
appointed day and to which the Government of India or any of its predecessor
Governments was a party, but nothing in this clause shall be construed to derogate from
the provisions of article 143;
(n) the President may, by public notification, extend with such restrictions or
modifications as he thinks fit to the State of Sikkim any enactment which is in force in a
State in India at the date of the notification;
(o) if any difficulty arises in giving effect to any of the foregoing provisions of this
article, the President may, by order, do anything (including any adaptation or modification
of any other article) which appears to him to be necessary for the purpose of removing
that difficulty:
Provi ded t hat no such order shal l be made aft er t he expi ry of t wo
years fr om t he appoi nt ed day;
(p) all things done and all actions taken in or in relation to the State of Sikkim or the
territories comprised therein during the period commencing on the appointed day and
ending immediately before the date on which the Constitution (Thirty-sixth Amendment)
Act, 1975, receives the assent of the President shall, in so far as they are in conformity
with the provisions of this Constitution as amended by the Constitution (Thirty-sixth
Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken
under this Constitution as so amended.
371G. Special provision with respect to the State of Mizoram.Notwithstanding
anything in this Constitution,
(a) no Act of Parliament in respect of
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,


179 THE CONSTITUTION OF INDIA


(iii) administration of civil and criminal justice involving decisions according
to Mizo customary law,
(iv) ownership and transfer of land,
shall apply to the State of Mizoram unless the Legislative Assembly of the State of
Mizoram by a resolution so decides :
Provided that nothing in this clause shall apply to any Central Act in force in the
Union territory of Mizoram immediately before the commencement of the Constitution
(Fifty-third Amendment) Act, 1986;
(b) t he Legi sl at i ve Assembl y of t he St at e of Mi zoram shal l consi st
of not l ess t han fort y members.
371H. Special provision with respect to the State of Arunachal Pradesh.
Notwithstanding anything in this Constitution,
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect
to law and order in the State of Arunachal Pradesh and in the discharge of his functions in
relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his
individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as
respects which the Governor is under this clause required to act in the exercise of his
individual judgment, the decision of the Governor in his discretion shall be final, and the
validity of anything done by the Governor shall not be called in question on the ground
that he ought or ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the Governor or
otherwise is satisfied that it is no longer necessary for the Governor to have special
responsibility with respect to law and order in the State of Arunachal Pradesh, he may by
order direct that the Governor shall cease to have such responsibility with effect from such
date as may be specified in the order;
(b) t he Legi sl at i ve Assembl y of t he St at e of Arunachal Pradesh shal l
consi st of not l ess t han t hi rt y members.
371-I. Speci al provi si on wi th respect to the State of Goa.
Not wi t hst andi ng anyt hi ng i n t hi s Const i t ut i on, t he Legi sl at i ve Assembl y of
t he St at e of Goa shal l consi st of not l ess t han t hi rt y members.
372. Conti nuance i n f orce of exi sti ng l aws and thei r adaptati on. (1)
Not wi t hst andi ng t he repeal by t hi s Const i t ut i on of t he enact ment s referred
t o i n art i cl e 395 but subj ect t o t he ot her provi si ons of t hi s Const i t ut i on, al l
t he l aw i n force i n t he t erri t ory of Indi a i mmedi at el y before t he
commencement of t hi s Const i t ut i on shal l cont i nue i n force t herei n unt i l
al t ered or repeal ed or amended by a compet ent Legi sl at ure or ot her
compet ent aut hori t y.
(2) For t he purpose of bri ni ng t he provi si ons of any l aw i n for ce i n t he
t erri t ory of Indi a i nt o accord wi t h t he provi si ons of t hi s Const i t ut i on, t he
Presi dent may by order make s uch adapt at i ons and modi fi cat i ons of such
l aw, whet her by way of repeal or amendment , as may be necessary or
expedi ent , and provi de t hat t he l aw shal l , as from such dat e as may be
speci fi ed i n t he order, have effect subj ect t o t he adapt at i ons and


180 THE CONSTITUTION OF INDIA


modi fi cat i ons so made, and any such adapt at i on or modi fi cat i on shal l not
be quest i oned i n any court of l aw.
(3) Not hi ng i n cl ause (2) shal l be deemed
(a) t o empower t he Presi dent t o make any adapt at i on or modi fi c at i on
of any l aw aft er t he expi rat i on of t hree years fr om t he commencement of
t hi s Const i t ut i on; or
(b) t o prevent any compet ent Legi sl at ure or ot her compet ent
aut hori t y from repeal i ng or amendi ng any l aw adapt ed or modi fi ed by
t he Presi dent under t he sai d cl ause.
Expl anat i on I . The expressi on l aw i n force i n t hi s art i cl e shal l
i ncl ude a l aw passed or made by a Legi sl at ure or ot her compet ent aut hori t y
i n t he t erri t ory of Indi a before t he commencement of t hi s Const i t ut i on and
not previ ousl y repeal ed, not wi t hst andi ng t hat i t or part s of i t may not be
t hen i n operat i on ei t her at al l or i n part i cul ar areas.
Expl anat i on II . Any l aw passed or made by a Legi sl at ure or ot her
compet ent aut hori t y i n t he t erri t or y of Indi a whi ch i mmedi at el y before t he
commencement of t hi s Const i t ut i on had ext ra-t erri t ori al effect as wel l as
effect i n t he t erri t ory of Indi a shal l , subj ect t o any such adapt at i ons and
modi fi cat i ons as aforesai d, cont i ue t o have such ext ra -t erri t ori al effect .
Expl anat i on III . Not hi ng i n t hi s art i cl e shal l be const rued as
cont i nui ng any t emporary l aw i n force beyond t he dat e fi xed for i t s
expi rat i on or t he dat e on whi ch i t woul d have expi red i f t hi s Const i t ut i on
had not come i nt o force.
Expl anat i on IV. An Ordi nance promul gat ed by t he Governor of a
Provi nce under sect i on 88 of t he Government of Indi a Act , 1935, and i n
force i mmedi at el y before t he commencement of t hi s Const i t ut i on shal l ,
unl ess wi t hdrawn by t he Governor of t he correspondi ng St at e earl i er, cease
t o operat e at t he expi rat i on of si x weeks fr om t he fi rst meet i ng aft er such
commencement of t he Legi sl at i ve Assembl y of t hat St at e funct i oni ng under
cl ause (1) of art i cl e 382, and not hi ng i n t hi s art i cl e shal l be const rued as
cont i nui ng any such Ordi nance i n force beyond t he sai d peri od.
372A. Power of the Presi dent to adapt l aws. (1) For t he purposes of
bri ngi ng t he provi si ons of any l aw i n force i n Indi a or i n any part t hereof,
i mmedi at el y before t he commencement of t he Const i t ut i on (Sevent h
Amendment ) Act , 1956, i nt o accord wi t h t he provi si ons of t h i s
Const i t ut i on as amended by t hat Act , t he Presi dent may by order made
before t he fi rst day of November, 1957, make such adapt at i ons and
modi fi cat i ons of t he l aw, whet her by way of repeal or amendment , as may
be necessary or expedi ent , and provi de t hat t h e l aw shal l , as from such
dat e as may be speci fi ed i n t he order, have effect subj ect t o t he
adapt at i ons and modi fi cat i ons so made, and any such adapt at i on or
modi fi cat i on shal l not be quest i oned i n any court of l aw.
(2) Not hi ng i n cl ause (1) shal l be deemed t o prevent a compet ent
Legi sl at ure or ot her compet ent aut hori t y fr om repeal i ng or amendi ng any
l aw adapt ed or modi fi ed by t he Presi dent under t he sai d cl ause.


181 THE CONSTITUTION OF INDIA


373. Power of Presi dent to make order i n respect of persons under
preventi ve detenti on i n certai n cases. Unt i l provi si on i s made by
Parl i ament under cl ause (7) of art i cl e 22, or unt i l t he expi rat i on of one
year from t he commencement of t hi s Const i t ut i on, whi chever i s earl i er,
t he sai d art i cl e shal l have effect as i f for any reference t o Parl i ament i n
cl auses (4) and (7) t hereof t here were subst i t ut ed a reference t o t he
Presi dent and for any reference t o any l aw made by Par l i ament i n t hose
cl auses t here were subst i t ut ed a reference t o an order made by t he
Presi dent .
374. Provi si ons as to Judges of the Federal Court and proceedi ngs
pendi ng i n the Federal Court or bef ore Hi s Majesty i n Counci l . (1)
The Judges of t he Federal Court hol di ng offi ce i mmedi at el y before t he
commencement of t hi s Const i t ut i on shal l , unl ess t hey have el ect ed
ot herwi se, become on such commencement t he Judges of t he Supreme
Court and shal l t hereupon be ent i t l ed t o such sal ari es and al l owances and
t o such ri ght s i n respect of l eave of absence and pensi on as are provi ded
for under art i cl e 125 i n respect of t he Judges of t he Supreme Court .
(2) Al l sui t s, appeal s and proceedi ngs, ci vi l or cri mi nal , pendi ng i n t he
Federal Court at t he commencement of t hi s Const i t ut i on shal l st and
removed t o t he Supreme Court , and t he Supreme Court shal l have
j uri sdi ct i on t o hear and det ermi ne t he same , and t he j udgment s and orders
of t he Federal Court del i vered or made before t he commencement of t hi s
Const i t ut i on shal l have t he same force and effect as i f t hey had been
del i vered or made by t he Supreme Court .
(3) Not hi ng i n t hi s Const i t ut i on shal l ope rat e t o i nval i dat e t he exerci se
of j uri sdi ct i on by Hi s Maj est y i n Counci l t o di spose of appeal s and
pet i t i ons from, or i n respect of, any j udgment , decree or order of any court
wi t hi n t he t erri t ory of Indi a i n so far as t he exerci se of such j uri sdi ct i on i s
aut hori sed by l aw, and any order of Hi s Maj est y i n Counci l made on any
such appeal or pet i t i on aft er t he commencement of t hi s Const i t ut i on shal l
for al l purposes have effect as i f i t were an order or decree made by t he
Supreme Court i n t he exerci se of t he j uri sdi ct i on conferred on such Court
by t hi s Const i t ut i on.
(4) On and from t he commencement of t hi s Const i t ut i on t he j uri sdi ct i on
of t he aut hori t y funct i oni ng as t he Pri vy Counci l i n a St at e speci fi ed i n
Part B of t he Fi rst Schedul e t o ent ert ai n and di sp ose of appeal s and
pet i t i ons from or i n respect of any j udgment , decree or order of any court
wi t hi n t hat St at e shal l cease, and al l appeal s and ot her proceedi ngs pendi ng
before t he sai d aut hori t y at such commencement shal l be t ransferred t o,
and di sposed of by, t he Supreme Court .
(5) Furt her provi si on may be made by Parl i ament by l aw t o gi ve effect
t o t he provi si ons of t hi s art i cl e.
375. Courts, authori ti es and off i cers to conti nue to f uncti on subject
to the provi si ons of the Const i tuti on. Al l court s of ci vi l , cr i mi nal and
revenue j uri sdi ct i on, al l aut hori t i es and al l offi cers, j udi ci al , execut i ve and


182 THE CONSTITUTION OF INDIA


mi ni st eri al , t hroughout t he t erri t ory of Indi a, shal l cont i nue t o exerci se
t hei r respect i ve funct i ons subj ect t o t he provi si ons of t hi s Const i t ut i on.
376. Provi si ons as to Judges of Hi gh Courts. (1) Not wi t hst andi ng
anyt hi ng i n cl ause (2) of art i cl e 217, t he Judges of a Hi gh Court i n any
Provi nce hol di ng offi ce i mmedi at el y before t he commencement of t hi s
Const i t ut i on shal l , unl ess t hey have el ect ed ot herwi se, become on such
commencement t he Judges of t he Hi gh Court i n t he correspondi ng St at e,
and shal l t hereupon be ent i t l ed t o such sal ari es and al l owances and t o such
ri ght s i n respect of l eave of absence and pensi on as are provi ded for under
art i cl e 221 i n respect of t he Judges of such Hi gh Court . Any such Judge
shal l , not wi t hst andi ng t hat he i s not a ci t i zen of Indi a, be el i gi bl e for
appoi nt ment as Chi ef Just i ce of such Hi gh Court , or as Chi ef Just i ce or
ot her Judge of any ot her Hi gh Court .
(2) The Judges of a Hi gh Court i n any Indi an St at e correspondi ng t o any
St at e speci fi ed i n Part B of t he Fi rst Schedul e hol di ng offi ce i mmedi at el y
before t he commencement of t hi s Const i t ut i on shal l , unl ess t hey have
el ect ed ot herwi se, become on such commencement t he Judges of t he Hi gh
Court i n t he St at e so speci fi ed and shal l , not wi t hst andi ng anyt hi ng i n
cl auses (1) and (2) of art i cl e 217 but subj ect t o t he provi so t o cl ause (1)
of t hat art i cl e, cont i nue t o hol d offi ce unt i l t he expi rat i on of such peri od as
t he Presi dent may by order det ermi ne.
(3) In t hi s art i cl e, t he expressi on Judge does not i ncl ude an act i ng
Judge or an addi t i onal Judge.
377. Provi si ons as to Comptrol l er and Audi tor -General of Indi a.
The Audi t or -General of Indi a hol di ng offi ce i mmedi at el y before t he
commencement of t hi s Const i t ut i on shal l , unl ess he has el ect ed ot herwi se,
become on such commencement t he Compt rol l er and Audi t or -General of
Indi a and shal l t hereupon be ent i t l ed t o such sal ari es and t o such ri ght s i n
respect of l eave of absence and pensi on as are provi ded for under cl ause
(3) of art i cl e 148 i n respect of t he Compt rol l er and Audi t or -General of
Indi a and be ent i t l ed t o cont i nue t o hol d offi ce unt i l t he expi rat i on of hi s
t erm of offi ce as det ermi ned under t he provi si ons whi ch wer e appl i cabl e t o
hi m i mmedi at el y before such commencement .
378. Provi si ons as to Publ i c Servi ce Commi ssi ons. (1) The members
of t he Publ i c Servi ce Commi ssi on for t he Domi ni on of Indi a hol di ng offi ce
i mmedi at el y before t he commencement of t hi s Const i t ut i on s hal l , unl ess
t hey have el ect ed ot herwi se, become on such commencement t he members
of t he Publ i c Servi ce Commi ssi on for t he Uni on and shal l , not wi t hst andi ng
anyt hi ng i n cl auses (1) and (2) of art i cl e 316 but subj ect t o t he provi so t o
cl ause (2) of t hat art i cl e, cont i nue t o hol d offi ce unt i l t he expi rat i on of
t hei r t erm of offi ce as det ermi ned under t he rul es whi ch were appl i cabl e
i mmedi at el y before such commencement t o such members.
(2) The Members of a Publ i c Servi ce Commi ssi on of a Pr ovi nce or of a
Publ i c Servi ce Commi ssi on servi ng t he needs of a group of Provi nces
hol di ng offi ce i mmedi at el y before t he commencement of t hi s Const i t ut i on


183 THE CONSTITUTION OF INDIA


shal l , unl ess t hey have el ect ed ot herwi se, become on such commencement
t he members of t he Publ i c Servi ce Commi ssi on for t he correspondi ng St at e
or t he members of t he Joi nt St at e Publ i c Servi ce Commi ssi on servi ng t he
needs of t he correspondi ng St at es, as t he case may be, and shal l ,
not wi t hst andi ng anyt hi ng i n cl auses (1) and (2) of art i cl e 316 but subj ect
t o t he provi so t o cl ause (2) of t hat art i cl e, cont i nue t o hol d offi ce unt i l t he
expi rat i on of t hei r t erm of offi ce as det ermi ned under t he rul es whi ch
were appl i cabl e i mmedi at el y before such commencement t o such members.
378A. Speci al provi si on as to durati on of Andhra Prades h Legi sl ati ve
Assembl y. Not wi t hst andi ng anyt hi ng cont ai ned i n art i cl e 172, t he
Legi sl at i ve Assembl y of t he St at e of Andhra Pradesh as const i t ut ed under
t he provi si ons of sect i ons 28 and 29 of t he St at es Reorgani sat i on Act ,
1956, shal l , unl ess sooner di ssol ved, cont i nue for a peri od of fi ve years
fr om t he dat e referred t o i n t he sai d sect i on 29 and no l onger and t he
expi rat i on of t he sai d peri od shal l operat e as a di ssol ut i on of t hat
Legi sl at i ve Assembl y.
379. 391. Rep. by t he Const i t ut i on (Sevent h Amendment ) Act , 1956, s.
29 and Sch.
392. Power of the Presi dent to remove di ff i cul ti es. (1) The Presi dent
may, for t he purpose of removi ng any di ffi cul t i es, part i cul arl y i n rel at i on
t o t he t ransi t i on from t he provi si ons of t he Government of Indi a Act , 1935,
t o t he provi si ons of t hi s Const i t ut i on, by order di rect t hat t hi s Const i t ut i on
shal l , duri ng such peri od as may be speci fi ed i n t he order, have effect
subj ect t o such adapt at i ons, whet her by way of modi fi cat i on, addi t i on or
omi ssi on, as he may deem t o be necessa ry or expedi ent :
Provi ded t hat no such order shal l be made aft er t he fi rst meet i ng of
Parl i ament dul y const i t ut ed under Chapt er II of Part V.
(2) Ever y order made under cl ause (1) shal l be l ai d before Parl i ament .
(3) The powers conferred on t he Presi dent by t hi s art i cl e, by art i cl e 324,
by cl ause (3) of art i cl e 367 and by art i cl e 391 shal l , before t he
commencement of t hi s Const i t ut i on, be exerci sabl e by t he Governor -
General of t he Domi ni on of Indi a.


184 THE CONSTITUTION OF INDIA


PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORITATIVE
TEXT IN HINDI AND REPEALS
393. Short ti tl e. Thi s Const i t ut i on may be cal l ed t he Const i t ut i on of
Indi a.
394. Commencement. Thi s art i cl e and art i cl es 5, 6, 7, 8, 9, 60, 324,
366, 367, 379, 380, 388, 391, 392 and 393 shal l come i nt o for ce at once,
and t he remai ni ng provi si ons of t hi s Const i t ut i on shal l come i nt o force on
t he t went y-si xt h day of January, 1950, whi ch day i s referred t o i n t hi s
Const i t ut i on as t he commencement of t hi s Const i t ut i on.
394A. Authori tati ve text i n t he Hi ndi l anguage. (1) The Presi dent
shal l cause t o be publ i shed under hi s aut hori t y,
(a) t he t ransl at i on of t hi s Const i t ut i on i n t he Hi ndi l anguage, si gned
by t he members of t he Const i t uent Assembl y, wi t h such modi fi cat i ons as
may be necessary t o bri ng i t i n conformi t y wi t h t he l anguage, st yl e and
t ermi nol ogy adopt ed i n t he aut hori t at i ve t ext s of Cent ral Act s i n t he
Hi ndi l anguage, and i ncorporat i ng t herei n al l t he amendment s of t hi s
Const i t ut i on made before such publ i cat i on; and
(b) t he t ransl at i on i n t he Hi ndi language of ever y amendment of t hi s
Const i t ut i on made i n t he Engl i sh l anguage.
(2) The t ransl at i on of t hi s Const i t ut i on and of ever y amendment t hereof
publ i shed under cl ause (1) shal l be const rued t o have t he same meani ng as
t he ori gi nal t hereof and i f any di ffi cul t y ari s es i n so const rui ng any part of
such t ransl at i on, t he Presi dent shal l cause t he same t o be revi sed sui t abl y.
(3) The t ransl at i on of t hi s Const i t ut i on and of ever y amendment t hereof
publ i shed under t hi s art i cl e shal l be deemed t o be, for al l purposes, t he
aut hori t at i ve t ext t hereof i n t he Hi ndi l anguage.
395. Repeal s. The Indi an Independence Act , 1947, and t he Government
of Indi a Act , 1935, t oget her wi t h al l enact ment s amendi ng or
suppl ement i ng t he l at t er Act , but not i ncl udi ng t he Abol i t i on of Pri vy
Counci l Juri sdi ct i on Act , 1949, are hereby repeal ed.

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