Constitution of India
The Constitution of India is the supreme law of India.[1] It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens.
It is the longest written constitution of any sovereign country in the world.[Note 1][2] B. R. Ambedkar, the chairman of the Drafting Committee, is widely considered to be its chief architect.
It imparts constitutional supremacy and not parliamentary supremacy, as it is not created by the Parliament but, by a constituent assembly, and adopted by its people, with a declaration in its preamble.[3] Parliament cannot override the constitution.
It was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.
[4] With its adoption, the Union of India became the modern and contemporary Republic of India replacing the Government of India Act, 1935 as the country's fundamental governing document. To ensure constitutional autochthony, the framers of the constitution repealed the prior Acts of the British Parliament via Article 395 of the constitution.[5] India celebrates its coming into force on 26 January each year, as Republic Day.[6]
It declares India a sovereign, socialist, secular,[7] democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them.[8]
Background
Dr. Babasaheb Ambedkar, chairman of the Drafting Committee, presenting the final draft of the Indian Constitution to Dr. Rajendra Prasad on 25 November 1949.
The major portion of the Indian subcontinent was under British rule from 1857 to 1947. When the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a sovereign democratic republic. The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930.
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 and 394 of the Constitution came into force on 26 November 1949 and the remaining articles on 26 January 1950.[9]
Previous legislation used as sources
It is drawn from many sources. Keeping in mind the needs and conditions of India its framers borrowed different features freely from previous legislation viz. Government of India Act 1858, Indian Councils Act 1861, Indian Councils Act 1892, Indian Councils Act 1909, Government of India Act 1919, Government of India Act 1935 and the Indian Independence Act 1947. The last legislation which led to the creation of the two independent nations of India and Pakistan provided for the division of the erstwhile Constituent Assembly into two, with each new assembly having sovereign powers transferred to it, to enable each to draft and enact a new constitution, for the separate states.[citation needed]
Constituent assembly
A meeting of the Constituent Assembly of India, 1950 CE
Main article: Constituent Assembly of India
It was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies.[10] The 389 member Constituent Assembly took almost three years (two years, eleven months and eighteen days to be precise) to complete its historic task of drafting the Constitution for independent India, during which, it held eleven sessions over 165 days. Of these, 114 days were spent on the consideration of the draft Constitution.
On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a draft Constitution for India.
While deliberating upon the draft Constitution, the assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled.[11] Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gurung represented the Gorkha Community.[citation needed] Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.[citation needed]
The first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly.[10] The members of the Constituent Assembly met for the first time on 9 December 1946.[10]
Drafting
B. N. Rau was appointed as the Constitutional Adviser to the Constituent Assembly in formulating the Indian Constitution in 1946. He was responsible for the general structure of its democratic framework of the Constitution and prepared its initial draft in February 1948.[12] This draft was debated, revised and finally adopted by the Constituent Assembly of India on 26 November 1949.[13]
On 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented.[10] Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). On D P Khaitan's death, T T Krishnamachari was included in the drafting committee. A draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947, which was debated and over 2000 amendments were moved over a period of two years. Finally on 26 November 1949, the process was completed and the Constituent Assembly adopted the Constitution. 284 members signed the document and the process of constitution making was complete.[14] This day is celebrated as National Law Day[15] or Constitution Day.[16]
Jawaharlal Nehru signing the Constitution
The assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950.
The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose.
The illustrations on the cover and pages represent styles from the different civilisations of the subcontinent, ranging from the prehistoric Mohenjodaro civilisation, in the Indus Valley, to the present.
The calligraphy in the book was done by Prem Behari Narain Raizda.
It was published in Dehra Dun, and photolithographed at the offices of Survey of India.
The entire exercise to produce the original took nearly five years.
Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India.[17] Rs.1,00,00,000 was official estimate of expenditure on constituent assembly. It has undergone many amendments since its enactment.[18]
The original 1950 Constitution of India is preserved in helium cases in the Parliament house, New Delhi. There are two original versions of this – one in Hindi and the other in English. The original constitution can be viewed here.[19]
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THE CONSTITUTION OF INDIA
CONTENTS
__________
PREFACE
PREAMBLE
PART I
THE UNION AND ITS TERRITORY
ARTICLES
1. Name and territory of the Union.
2. Admission or establishment of new States.
2A. [Repealed.]
3. Formation of new States and alteration of areas, boundaries or names of existing States.
4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental,
incidental and consequential matters.
PART II
CITIZENSHIP
5. Citizenship at the commencement of the Constitution.
6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
7. Rights of citizenship of certain migrants to Pakistan.
8. Rights of citizenship of certain persons of Indian origin residing outside India.
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10. Continuance of the rights of citizenship.
11. Parliament to regulate the right of citizenship by law.
PART III
FUNDAMENTAL RIGHTS
General
12. Definition.
13. Laws inconsistent with or in derogation of the fundamental rights.
Right to Equality
14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles.
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
21A. Right to education.
22. Protection against arrest and detention in certain cases.
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular religion.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational institutions.
31. [Repealed.]
Saving of Certain Laws
31A. Saving of Laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations.
31C. Saving of laws giving effect to certain directive principles.
31D. [Repealed.]
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.
32A. [Repealed.]
33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34. Restriction on rights conferred by this Part while martial law is in force in any area.
35. Legislation to give effect to the provisions of this Part.
PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.
37. Application of the principles contained in this Part.
38. State to secure a social order for the promotion of welfare of the people.
39. Certain principles of policy to be followed by the State.
39A. Equal justice and free legal aid.
40. Organisation of village panchayats.
41. Right to work, to education and to public assistance in certain cases.
42. Provision for just and humane conditions of work and maternity relief.
43. Living wage, etc., for workers.
43A. Participation of workers in management of industries.
44. Uniform civil code for the citizens.
45. Provision for early childhood care and education to children below the age of six years.
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
48. Organisation of agriculture and animal husbandry.
48A. Protection and improvement of environment and safeguarding of forests and wild life.
49. Protection of monuments and places and objects of national importance.
50. Separation of judiciary from executive.
51. Promotion of international peace and security.
PART IV
A FUNDAMENTAL DUTIES
51A. Fundamental duties.
PART V
THE UNION
CHAPTER I.¾THE EXECUTIVE
The President and Vice-President
52. The President of India.
53. Executive power of the Union.
54. Election of President.
55. Manner of election of President.
56. Term of office of President.
57. Eligibility for re-election.
58. Qualifications for election as President.
59. Conditions of President’s office.
60. Oath or affirmation by the President.
61. Procedure for impeachment of the President.
62. Time of holding election to fill vacancy in the office of President and the term of office of person
elected to fill casual vacancy.
63. The Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of States.
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
66. Election of Vice-President.
67. Term of office of Vice-President.
68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.
69. Oath or affirmation by the Vice-President.
70. Discharge of President’s functions in other contingencies.
71. Matters relating to, or connected with, the election of a President or Vice-President.
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
73. Extent of executive power of the Union.
Council of Ministers
74. Council of Ministers to aid and advise President.
75. Other provisions as to Ministers.
The Attorney-General for India
76. Attorney-General for India.
Conduct of Government Business
77. Conduct of business of the Government of India.
78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
CHAPTER II.¾PARLIAMENT
General
79. Constitution of Parliament.
80. Composition of the Council of States.
81. Composition of the House of the People.
82. Readjustment after each census.
83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
88. Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
93. The Speaker and Deputy Speaker of the House of the People .
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
98. Secretariat of Parliament.
Conduct of Business
99. Oath or affirmation by members.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
101. Vacation of seats.
102. Disqualifications for membership.
103. Decision on questions as to disqualifications of members.
104. Penalty for sitting and voting before making oath or affirmation under article
99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106. Salaries and allowances of members.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.
108. Joint sitting of both Houses in certain cases.
109. Special procedure in respect of Money Bills.
110. Definition of “Money Bills”.
111. Assent to Bills.
Procedure in Financial Matters
112. Annual financial statement.
113. Procedure in Parliament with respect to estimates.
114. Appropriation Bills.
115. Supplementary, additional or excess grants.
116. Votes on account, votes of credit and exceptional grants.
117. Special provisions as to financial Bills.
Procedure Generally
118. Rules of procedure.
119. Regulation by law of procedure in Parliament in relation to financial business.
120. Language to be used in Parliament.
121. Restriction on discussion in Parliament.
122. Courts not to inquire into proceedings of Parliament.
CHAPTER III.¾LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament.
CHAPTER IV.¾
THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.
125. Salaries, etc., of Judges.
126. Appointment of acting Chief Justice.
127. Appointment of ad hoc judges.
128. Attendance of retired Judges at sittings of the Supreme Court.
129. Supreme Court to be a court of record.
130. Seat of Supreme Court.
131. Original jurisdiction of the Supreme Court.
131A. [Repealed.]
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
134. Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A. Certificate for appeal to the Supreme Court.
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
136. Special leave to appeal by the Supreme Court.
137. Review of judgments or orders by the Supreme Court.
138. Enlargement of the jurisdiction of the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain writs.
139A. Transfer of certain cases.
140. Ancillary powers of Supreme Court.
141. Law declared by Supreme Court to be binding on all courts.
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143. Power of President to consult Supreme Court.
144. Civil and judicial authorities to act in aid of the Supreme Court.
144A. [Repealed.]
145. Rules of Court, etc.
146. Officers and servants and the expenses of the Supreme Court.
147. Interpretation.
CHAPTER V.¾ COMPTROLLER AND AUDITOR-GENERAL OF INDIA
148. Comptroller and Auditor-General of India.
149. Duties and powers of the Comptroller and Auditor-General.
150. Form of accounts of the Union and of the States.
151. Audit reports.
PART VI
THE STATES
CHAPTER I.¾ GENERAL
152. Definition.
CHAPTER II.¾ THE EXECUTIVE
The Governor
153. Governors of States.
154. Executive power of State.
155. Appointment of Governor.
156. Term of office of Governor.
157. Qualifications for appointment as Governor.
158. Conditions of Governor’s office
159. Oath or affirmation by the Governor.
160. Discharge of the functions of the Governor in certain contingencies.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162. Extent of executive power of State.
Council of Ministers
163. Council of Ministers to aid and advise Governor.
164. Other provisions as to Ministers.
The Advocate-General for the State
165. Advocate-General for the State.
Conduct of Government Business
166. Conduct of business of the Government of a State.
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.
CHAPTER III.¾THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.
169. Abolition or creation of Legislative Councils in States.
170. Composition of the Legislative Assemblies.
171. Composition of the Legislative Councils.
172. Duration of State Legislatures.
173. Qualification for membership of the State Legislature.
174. Sessions of the State Legislature, prorogation and dissolution.
175. Right of Governor to address and send messages to the House or Houses.
176. Special address by the Governor.
177. Rights of Ministers and Advocate-General as respects the Houses.
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly.
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
182. The Chairman and Deputy Chairman of the Legislative Council.
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
187. Secretariat of State Legislature.
Conduct of Business
188. Oath or affirmation by members.
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
190. Vacation of seats.
191. Disqualifications for membership.
192. Decision on questions as to disqualifications of members.
193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
195. Salaries and allowances of members.
Legislative Procedure
196. Provisions as to introduction and passing of Bills.
197. Restriction on powers of Legislative Council as to Bills other than Money Bills.
198. Special procedure in respect of Money Bills.
199. Definition of “Money Bills”.
200. Assent to Bills.
201. Bills reserved for consideration.
Procedure in Financial Matters
202. Annual financial statement.
203. Procedure in Legislature with respect to estimates.
204. Appropriation Bills.
205. Supplementary, additional or excess grants.
206. Votes on account, votes of credit and exceptional grants.
207. Special provisions as to financial Bills.
Procedure Generally
208. Rules of procedure.
209. Regulation by law of procedure in the Legislature of the State in relation to financial business.
210. Language to be used in the Legislature.
211. Restriction on discussion in the Legislature.
212. Courts not to inquire into proceedings of the Legislature.
CHAPTER IV.¾- LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of Legislature.
CHAPTER V.¾-THE HIGH COURTS IN THE STATES
214. High Courts for States.
215. High Courts to be courts of record.
216. Constitution of High Courts.
217. Appointment and conditions of the office of a Judge of a High Court.
218. Application of certain provisions relating to Supreme Court to High Courts.
219. Oath or affirmation by Judges of High Courts.
220. Restriction on practice after being a permanent Judge.
221. Salaries, etc., of Judges.
222. Transfer of a Judge from one High Court to another.
223. Appointment of acting Chief Justice.
224. A ppointment of additional and acting Judges.
224A. Appointment of retired Judges at sittings of High Courts.
225. Jurisdiction of existing High Courts.
226. Power of High Courts to issue certain writs.
226A. [Repealed..]
227. Power of superintendence over all courts by the High Court.
228. Transfer of certain cases to High Court.
228A. [Repealed.]
229. Officers and servants and the expenses of High Courts.
230. Extension of jurisdiction of High Courts to Union territories.
231. Establishment of a common High Court for two or more States.
CHAPTER VI¾SUBORDINATE COURTS
233. Appointment of district judges.
233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.
234. Recruitment of persons other than district judges to the judicial service.
235. Control over subordinate courts.
236. Interpretation.
237. Application of the provisions of this Chapter to certain class or classes of magistrates.
PART VII
THE STATES IN PART B OF THE FIRST SCHEDULE
238. [Repealed.]
PART VIII
THE UNION TERRITORIES
239. Administration of Union territories.
239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.
239A. Special provisions with respect to Delhi.
239AA. Provision in case of failure of constitutional machinery.
239AB. Power of administrator to promulgate Ordinances during recess of Legislature.
240. Power of President to make regulations for certain Union territories.
241. High Courts for Union territories.
242 . [Repealed.]
PART IX
THE PANCHAYATS
243. Definitions.
243A. Gram Sabha.
243B. Constitution of Panchayats.
243C. Composition of Panchayats.
243D. Reservation of seats.
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership.
243G. Powers, authority and responsibilities of Panchayats.
243H. Powers to impose taxes by, and Funds of, the Panchayats.
243-I. Constitution of Finance Commission to review financial position.
243J. Audit of accounts of Pachayats.
243K. Elections to the Panchayats.
243L. Application to Union territories.
243M. Part not to apply to certain areas.
243N. Continuance of existing laws and Panchayats.
243-O . Bar to interference by courts in electoral matters.
PART IXA
THE MUNICPALITIES
243P. Definitions.
243Q. Constitution of Municipalities.
243R. Composition of Municipalities.
243S. Constitution and composition of Wards Committees, etc.
243T. Reservation of seats.
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership.
243W. Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243Y. Finance Commission.
243Z. Audit of accounts of Municipalities.
243ZA. Elections to the Municipalities.
243ZB. Application to Union territories.
243ZC. Part not to apply to certain areas.
243ZD. Committee for district planning.
243ZE. Committee for Metropolitan planning.
243ZF. Continuance of existing laws and Municipalities.
243ZG. Bar to interference by Courts in electoral matters.
PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas.
244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.
PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.¾LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States.
246. Subject-matter of laws made by Parliament and by the Legislatures of States.
247. Power of Parliament to provide for the establishment of certain additional courts.
248. Residuary powers of legislation.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
253. Legislation for giving effect to international agreements.
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.
CHAPTER II.¾ ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.
257. Control of the Union over States in certain cases.
257A. [Repealed.]
258. Power of the Union to confer powers, etc., on States in certain cases.
258A. Power of the States to entrust functions to the Union.
259. [Repealed.]
260. Jurisdiction of the Union in relation to territories outside India.
261. Public acts, records and judicial proceedings.
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.
Co-ordination between States
263. Provisions with respect to an inter-State Council.
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.¾FINANCE
General
264. Interpretation.
265. Taxes not to be imposed save by authority of law.
266. Consolidated Funds and public accounts of India and of the States.
267. Contingency Fund.
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the State.
268A. Service tax levied by Union and collected by the Union and the States.
269. Taxes levied and collected by the Union but assigned to the States.
270. Taxes levied and distributed between the Union and the States.
271. Surcharge on certain duties and taxes for purposes of the Union.
272. [Repealed.]
273. Grants in lieu of export duty on jute and jute products.
274. Prior recommendation of President required to Bills affecting taxation in which States are interested.
275. Grants from the Union to certain States.
276. Taxes on professions, trades, callings and employments.
277. Savings.
278. [Repealed.]
279. Calculation of “net proceeds”, etc.
280. Finance Commission.
281. Recommendations of the Finance Commission.
Miscellaneous financial provisions
282. Expenditure defrayable by the Union or a State out of its revenues.
283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284. Custody of suitors’ deposits and other moneys received by public servants and courts.
285. Exemption of property of the Union from State taxation.
286. Restrictions as to imposition of tax on the sale or purchase of goods.
287. Exemption from taxes on electricity.
288. Exemption from taxation by States in respect of water or electricity in certain cases.
289. Exemption of property and income of a State from Union taxation.
290. Adjustment in respect of certain expenses and pensions.
290A. Annual payment to certain Devaswom Funds.
291. [Repealed.]
CHAPTER II.¾ BORROWING
292. Borrowing by the Government of India.
293. Borrowing by States.
CHAPTER III.¾ PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations in certain cases.
295. Succession to property, assets, rights, liabilities and obligations in other cases.
296. Property accruing by escheat or laps or as bona vacantia.
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
298. Power to carry on trade, etc.
299. Contracts.
300. Suits and proceedings.
CHAPTER IV.¾ RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law.
PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN
THE TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.
302. Power of Parliament to impose restrictions on trade, commerce and intercourse.
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304. Restrictions on trade, commerce and intercourse among States.
305. Saving of existing laws and laws providing for State monopolies.
306. [Repealed.]
307. Appointment of authority for carrying out the purposes of articles 301 to 304.
PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.¾ SERVICES
308. Interpretation.
309. Recruitment and conditions of service of persons serving the Union or a State.
310. Tenure of office of persons serving the Union or a State.
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
312. All-India services.
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services.
313. Transitional provisions.
314. [Repeated.]
CHAPTER II.—PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.
316. Appointment and term of office of members.
317. Removal and suspension of a member of a Public Service Commission.
318. Power to make regulations as to conditions of service of members and staff of the Commission.
319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
320. Functions of Public Service Commissions.
321. Power to extend functions of Public Service Commissions.
322. Expenses of Public Service Commissions.
323. Reports of Public Service Commissions.
PART XIVA
TRIBUNALS
323A. Administrative tribunals.
323B. Tribunals for other matters.
PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested in an Election Commission.
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
327. Power of Parliament to make provision with respect to elections to Legislatures.
328. Power of Legislature of a State to make provision with respect to elections to such Legislature.
329. Bar to interference by courts in electoral matters.
329A. [Repealed.]
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
331. Representation of the Anglo-Indian community in the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
334. Reservation of seats and special representation to cease after seventy years.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336. Special provision for Anglo-Indian community in certain services.
337. Special provision with respect to educational grants for the benefit of Anglo-Indian Community.
338. National Commission for Scheduled Castes.
338A. National Commission for Scheduled Tribes.
339. Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
340. Appointment of a Commission to investigate the conditions of backward classes.
341. Scheduled Castes.
342. Scheduled Tribes.
PART XVII
OFFICIAL LANGUAGE
CHAPTER I.—LANGUAGE OF THE UNION
343. Official language of the Union.
344. Commission and Committee of Parliament on official language.
CHAPTER II.¾ REGIONAL LANGUAGES
345. Official language or languages of a State.
346. Official language for communication between one State and another or between a State and the Union.
347. Special provision relating to language spoken by a section of the population of a State.
CHAPTER III.¾LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349. Special procedure for enactment of certain laws relating to language.
CHAPTER IV.¾-SPECIAL DIRECTIVES
350. Language to be used in representations for redress of grievances.
350A. Facilities for instruction in mother-tongue at primary stage.
350B. Special Officer for linguistic minorities.
351. Directive for development of the Hindi language.
PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency.
353. Effect of Proclamation of Emergency.
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355. Duty of the Union to protect States against external aggression and internal disturbance.
356. Provisions in case of failure of constitutional machinery in States.
357. Exercise of legislative powers under Proclamation issued under article 356.
358. Suspension of provisions of article 19 during emergencies.
359. Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A. [Repealed.]
360. Provisions as to financial emergency.
PART XIX
MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs.
361A. Protection of publication of proceedings of Parliament and State Legislatures.
361B. Disqualification for appointment on remunerative political post.
362. [Repealed.]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364. Special provisions as to major ports and aerodromes.
365. Effect of failure to comply with, or to give effect to, directions given by the Union.
366. Definitions.
367. Interpretation.
PART XX
AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor.
PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370. Temporary provisions with respect to the State of Jammu and Kashmir.
371. Special provision with respect to the States of Maharashtra and Gujarat.
371A. Special provision with respect to the State of Nagaland.
371B . Special provision with respect to the State of Assam.
371C. Special provision with respect to the State of Manipur.
371D. Special provisions with respect to the State of Andhra Pradesh.
371E. Establishment of Central University in Andhra Pradesh.
371F. Special provisions with respect to the State of Sikkim.
371G. Special provision with respect to the State of Mizoram.
371H. Special provision with respect to the State of Arunachal Pradesh.
371-I. Special provision with respect to the State of Goa.
372. Continuance in force of existing laws and their adaptation.
372A. Power of the President to adapt laws.
373. Power of President to make order in respect of persons under preventive detention in certain cases.
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
376. Provisions as to Judges of High Courts.
377. Provisions as to Comptroller and Auditor-General of India.
378. Provisions as to Public Service Commissions.
378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.
379-391. [Repealed.]
392. Power of the President to remove difficulties.
PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT
IN HINDI AND REPEALS
393. Short title.
394. Commencement.
394A. Authoritative text in the Hindi language.
395. Repeals.
SCHEDULES
FIRST SCHEDULE
I. —The States.
II. —The Union territories.
SECOND SCHEDULE
PART A— Provisions as to the President and the Governors of States.
PART B— [Repealed.]
PART C— Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State.
PART D— Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E— Provisions as to the Comptroller and Auditor-General of India.
THIRD SCHEDULE— Forms of Oaths or Affirmations.
FOURTH SCHEDULE—
Allocation of seats in the Council of States.
FIFTH SCHEDULE—
Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes
PART A—General.
PART B—Administration and Control of Scheduled Areas and Scheduled Tribes.
PART C— Scheduled Areas.
PART D—Amendment of the Schedule.
SIXTH SCHEDULE—
Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
SEVENTH SCHEDULE—
List I — Union List.
List II— State List.
List III— Concurrent List.
EIGHTH SCHEDULE— Languages.
NINTH SCHEDULE—Validation of certain Acts and Regulations.
TENTH SCHEDULE— Provisions as to disqualification on ground of defection.
ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.
TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.
APPENDIX
APPENDIX I—The Constitution (Application to Jammu and Kashmir) Order, 1954.
APPENDIX II— Re-statement, with reference to the present text of the Constitution, of the exceptions and
modifications subject to which the Constitution applies to the State of Jammu and Kashmir.
APPENDIX III—Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
APPENDIX IV— The Constitution (Eighty-eighth Amendment) Act, 2003.
INDEX
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