 THE CONSTITUTION OF INDIA 
[As on       May , 2022] 
2022 
 
PREFACE 
 
This is the  fifth  pocket size edition of the Constitution of 
India in the diglot form. In this edition, the text of the 
Constitution of India has been brought up-to-date by 
incorporating therein all the amendments up to the Constitution 
(One Hundred and Fifth Amendment) Act, 2021. The foot notes 
below the text indicate the Constitution Amendment Acts by 
which such amendments have been made.  
The Constitution (One Hundredth Amendment) Act, 2015 
containing details of acquired and transferred territories 
between the Governments of India and Bangladesh has been 
provided in APPENDIX I. 
The Constitution (Application to Jammu and Kashmir) 
Order, 2019 and the declaration under article 370(3) of the 
Constitution have been provided respectively in Appendix II and 
Appendix III for reference. 
 
New Delhi;                                              Dr. Reeta Vasishta, 
                                 Secretary to the Government of India.  
 
LIST OF ABBREVIATIONS USED 
 
Art., arts.  ........................................................  for Article, articles. 
Cl., cls.     ........................................................   ″   Clause, clauses. 
C.O.          ........................................................   ″   Constitution Order. 
Ins.            ........................................................   ″    Inserted. 
P., pp.       ........................................................   ″    Page, pages. 
Pt.             ........................................................   ″    Part. 
Rep.          ........................................................   ″    Repealed. 
Ss., ss.     ..........................................................   ″    Section, sections. 
Sch.         .........................................................   ″    Schedule. 
Subs.         ........................................................   ″    Substituted. 
w.e.f.       .........................................................   ″    with effect from. 
w.r.e.f.        ......................................................   ″ with retrospective effect 
from. 
 
THE CONSTITUTION OF INDIA   
____________                                                                     
                             
CONTENTS 
__________ 
 
PREAMBLE 
PART I 
THE UNION AND ITS TERRITORY 
ARTICLES 
  1. Name and territory of the Union. 
  2. Admission or establishment of new States. 
[2A.         Sikkim to be associated with the Union. —Omitted.] 
  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. 

Contents 
 
   ARTICLES (ii)
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. 

Contents 
 
   ARTICLES (iii) 
 Cultural and Educational Rights 
29. Protection of interests of minorities. 
30. Right of minorities to establish and administer educational 
institutions. 
[31. Compulsory acquisition of property . —Omitted.] 
 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. Saving of laws in respect of anti-national activities. —Omitted.] 
 Right to Constitutional Remedies 
 32. Remedies for enforcement of rights conferred by this Part. 
[32A. Constitutional validity of State laws not to be considered in 
proceedings under article 32. —Omitted.]  
 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. 

Contents 
 
   ARTICLES (iv)
  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. 
43B. Promotion of co-operative societies. 
  44. Uniform civil code for the citizens. 
  45. Provision for early childhood care and educat ion 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 IVA  
FUNDAMENTAL DUTIES  
51A. Fundamental duties. 
 
 PART V 
THE UNION 
CHAPTER  I.THE EXECUTIVE 
The President and Vice-President 
52. The President of India. 
53. Executive power of the Union. 
54. Election of President. 

Contents 
 
   ARTICLES (v) 
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 
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. 

Contents 
 
   ARTICLES (vi)
 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. PARLIAMENT 
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. 

Contents 
 
   ARTICLES (vii)
96. The Speaker or the Deputy Speaker not to preside while a 
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. 

Contents 
 
   ARTICLES (viii)
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. LEGISLATIVE  POWERS OF THE 
PRESIDENT 
123. Power of President to promulgate Ordinances during recess of  
Parliament. 
 CHAPTER IV.  THE UNION JUDICIARY  
 124. Establishment and constitution of  the  Supreme Court.  
124A. National Judicial Appointment s Commission.  
124B. Functions of Commission.  
124C. Power of Parliament to make law.  
 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. Exclusive jurisdiction of the Supreme Court in re gard to questions 
as to constitutional validity of Central laws. Omitted.] 
 132. Appellate jurisdiction of the Supreme Court in appeals from 
High Courts in certain cases. 
 133. Appellate jurisdiction of the Supreme Court in appeals from 
High Courts in regard to civil matters. 
 134. Appellate jurisdiction of the Supreme Court in regard to criminal 
matters. 

Contents 
 
   ARTICLES (ix)
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 the Supreme Court. 
 141. Law declared by Supreme Court to be binding on all courts. 
 142. Enforcement of decrees and orders of the Supreme Court and 
orders as to discovery, etc. 
 143. Power of the President to consult the Supreme Court. 
 144. Civil and judicial authorities to act in aid of the Supreme    
Court. 
[144A. Special provisions as to disposal of questions relating to 
constitutional validity of laws. Omitted.] 
 145. Rules of Court, etc. 
 146. Officers and servants and the expenses of the Supreme Court. 
 147. Interpretation. 
 CHAPTER V. 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.  GENERAL 
 152. Definition. 

Contents 
 
   ARTICLES (x) 
 CHAPTER II.  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 
 162. Extent of executive power of the State. 
 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. 
 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. THE STATE LEGISLATURE 
General 
168. Constitution of Legislatures in States. 
169. Abolition or creation of Legislative Councils in States. 
170. Composition of the Legislative Assemblies. 

Contents 
 
   ARTICLES (xi)
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 
181. The Speaker or the Deputy Speaker not to preside while a 
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 
185. The Chairman or the Deputy Chairman not to preside while a 
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 
 Disqualifications of Members  
190. Vacation of seats. 

Contents 
 
   ARTICLES (xii)
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 
195. Salaries and allowances of members. 
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. 
208. Rules of procedure. 
209. Regulation by law of procedure in the Legislature of the State in 
relation to financial business. 

Contents 
 
   ARTICLES (xiii)
 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. LEGISLATIVE  POWER OF THE 
GOVERNOR 
 213. Power of Governor to promul gate Ordinances during recess of 
Legislature . 
 CHAPTER V. 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 Jud ge 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. Appointment of additional and acting Judges.  
224A. Appointment of retired Judges at sittings of High Courts.  
225. Jurisdiction of existing High Cour ts. 
226. Power of High Courts to issue certain writs.  
[226A. Constitutional validity of Central laws not to be considered in 
proceedings under article 226.Omitted.] 
227. Power of superintendence over all courts by the High Court.  
228. Transfer of cert ain cases to High Court.  
[228A. Special provisions as to disposal of questions relating to 
constitutional validity of State laws. Omitted.] 

Contents 
 
   ARTICLES (xiv)
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. 
[232. Articles 230, 231 and 232 substituted by articles 230 and 231]. 
 CHAPTER VI. SUBORDINATE 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 .—Omitted]  
THE STATES IN PART B OF THE FIRST SCHEDULE 
  [238. Omitted.]  
 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. 
239AA. Special provisions with respect to Delhi. 
239AB. Provision in case of failure of constitutional machinery. 
239B. 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. Coorg.Omitted.] 
 PART IX 
THE PANCHAYATS 
243. Definitions. 

Contents 
 
   ARTICLES (xv)
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 Panchayats. 
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 MUNICIPALITIES 
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. 

Contents 
 
   ARTICLES (xvi)
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 IXB 
THE CO-OPERATIVE SOCIETIES 
 243ZH. Definitions. 
243Z-I. Incorporation of co-operative societies. 
243ZJ. Number and term of members of board and its office bearers. 
243ZK. Election of members of board. 
243ZL. Supersession and suspension of board and interim management. 
243ZM. Audit of accounts of co-operative societies. 
243ZN. Convening of general body meetings. 
243Z-O. Right of a member to get information. 
243ZP. Returns. 
243ZQ. Offences and penalties. 
243ZR. Application to multi-State co-operative societies. 
243ZS. Application to Union territories. 
243ZT. Continuance of existing laws. 
  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. 
  
Contents 
 
   ARTICLES (xvii)
PART XI 
RELATIONS BETWEEN THE UNION AND THE 
STATES 
CHAPTER I. LEGISLATIVE  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. 
246A. Special provision with respect to goods and services tax.  
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.  ADMINISTRATIVE RELATIONS 
General 
256. Obligation of States and the Union. 
257. Control of the Union over States in certain cases. 
  [257A. Assistance to States by deployment of armed forces or other 
forces of the Union. Omitted.] 
258. Power of the Union to confer powers, etc., on States in certain 
cases. 

Contents 
 
   ARTICLES (xviii) 
258A. Power of the States to entrust functions to the Union.  
  [259. Armed Forces in States in Part B of the First 
Schedule. Omitted.] 
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. FINANCE 
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 
States. 
 [268A. Service tax levied by Union and collected by the Union and the 
States.Omitted.]  
269. Taxes levied and collected by the Union but assigned to the 
States. 
269A. Levy and collection of goods and services tax in course of inter-
State trade or commerce. 
270. Taxes levied and  distributed between the Union and the States.  
271. Surcharge on certain duties and taxes for purposes of the Union. 
[272. Taxes which are levied and collected by the Union and may be 
distributed between the Union and the States. Omitted.] 
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. 

Contents 
 
   ARTICLES (xix)
275. Grants from the Union to certain States. 
276. Taxes on professions, trades, callings and employments. 
277. Savings. 
[278. Agreement with States in Part B of the First Schedule with 
regard to certain financial matters. Omitted.] 
279. Calculation of  “net proceeds”, etc.   
279A. Goods and Services Tax Council.  
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 respe ct 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. Privy purse sums of Ru lers.Omitted.] 
 CHAPTER II.  BORROWING 
292. Borrowing by the Government of India.  
293. Borrowing by States.  
 
Contents 
 
   ARTICLES (xx)
 CHAPTER III.  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 e or as bona vacantia.  
  297. Things of value within territorial waters or continental s helf 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.  RIGHT  TO PROPERTY  
300A. Persons not to be deprived of property save by authori ty 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 legislat ive 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. Power  of  certain  States  in  Part B  of  the  First  Schedule to 
impose  restrictions  on  trade  and  commerce. Omitted] 
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.  SERVICES 
308. Interpretation. 

Contents 
 
   ARTICLES (xxi)
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. Provision for protection of existing officers of certain services.  
Omitted.] 
 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.  

Contents 
 
   ARTICLES (xxii)
 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. Special provision as to elections to Parliament in the case of 
Prime Minister and Speaker. Omitted.] 
 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 
certain period. 
 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. 

Contents 
 
   ARTICLES (xxiii) 
 338. National Commission for Scheduled Castes. 
338A. National Commission for Scheduled Tribes. 
338B. National Commission for Backward Classes. 
 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. 
342A. Socially and educationally backward classes. 
 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.  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. LANGUAGE 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. SPECIAL DIRECTIVES 
 350. Language to be used in representations for redress of grievances.  
350A. Facilities for instruction in mother -tongue at primary stage.  
 
Contents 
 
   ARTICLES (xxiv)
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. Application of this Part to the State of Punjab. Omitted.] 
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. Rights and privileges of Rulers of Indian States. Omitted.] 
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 wit h, or to give effect to, directions 
given by the Union. 

Contents 
 
   ARTICLES (xxv) 
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 prov ision 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 or 
the State of Telangana. 
371E. Establishment of Central University in Andhra Pradesh.  
371F. Special provisions with respect to the State of Sikkim.  
371G. Special provision with respect t o 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.  
371J. Special provisions with respect to the State of  Karnataka.  
372. Continuance in force of e xisting 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. 

Contents 
 
   ARTICLES (xxvi)
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. Provisions as to provisional Parliament and the Speaker and 
Deputy Speaker thereof. Omitted.]  
[380. Provision as to President.  Omitted.] 
[381. Council of Ministers of the President. Omitted.] 
[382. Provisions as to provisional Legislatures for States in Part A of 
the First Schedule. -- Omitted. ] 
[383. Provision as to Governors of Provinces. -- Omitted. ] 
[384. Council of Ministers of the Governors. Omitted.] 
[385. Provision as to provisional Legislatures in States in Part B of the 
First Schedule. Omitted.] 
[386. Council of Ministers for  States in Part B of the First Schedule.  -
- Omitted. ] 
[387. Special provision as to determination of population for the 
purposes of certain elections. Omitted.] 
[388. Provisions as to the filling of casual vacancies in the  provisional 
Parliament and  provisional Legislatures of the States.  
Omitted.] 
[389. Provision as to Bills pending in the Dominion Legislatures and  
in the Legislatures of Provinces and Indian States. Omitted.] 
[390. Money received or raised or expenditure incurred between the 
commencement of the Constitution and the 31st day of March, 
1950. Omitted.] 

Contents 
 
   ARTICLES (xxvii)
[391. Power of the President to amend the First and Fourth Schedules 
in certain contingencies. Omitted.] 
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— [Omitted.] 
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. 

Contents 
 
   ARTICLES (xxviii)
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.  
APPENDICES  
APPENDIX  I.— The Constitution (One Hundredth Amendment) Act, 2015. 
APPENDIX  II. —The Constitution (Application to Jammu and Kashmir) Order, 2019. 
APPENDIX  III .— Declaration under article 370(3) of the Constitution.   
 
THE CONSTITUTION  OF INDIA 
 
PREAMBLE  
 
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute 
India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC 
REPUBLIC] and to secure to all its citizens: 
 
JUSTICE, social, economic and political; 
 
LIBERTY of thought, expression, belief, faith and worship; 
 
EQUALITY of status and of opportunity; 
 
and to promote among them all 
 
FRATERNITY assuring the dignity of the individual and the 2[unity 
and integrity of the Nation]; 
 
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of 
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO 
OURSELVES THIS CONSTITUTION. 
 
______________________________________________ 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.2, for "SOVEREIGN 
DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977). 
2. Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977).  

 2PART I 
1. Name and territory of the Union. —(1) India, that is Bharat, 
shall be a Union of States. 
1[(2) The States and the territories thereof shall be as specified in 
the First Schedule.] 
(3) The territory of India shall comprise— 
(a) the territories of the States; 
2[(b) the Union territories specified in the First Schedule; 
and] 
(c) such other territories as may be acquired. 
2. Admission or establishment of new States. —Parliament may 
by law admit into the Union, or establish, new States on such terms and 
conditions as it thinks fit. 
3[2A. [Sikkim to be associated with the Union. ].—Omitted by the 
Constitution (Thirty-sixth Amendment ) Act, 1975, s. 5 (w.e.f. 26-4-1975).] 
3. Formation of new States and alteration of areas, 
boundaries or names of existing States. —Parliament may by law— 
(a) form a new State by separation of territory from any 
State or by uniting two or more States or parts of States or by 
uniting any territory to a part of any State; 
(b) increase the area of any State; 
(c) diminish the area of any State; 
(d) alter the boundaries of any State; 
(e) alter the name of any State: 
1[Provided that no Bill for the purpose shall be introduced in 
either House of Parliament except on the recommendation of the 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2)          
(w.e.f. 1-11-1956).  
2.  Subs. by s. 2 ibid, for sub-clause ( b) (w.e.f. 1-11-1956).  
3.  Ins. by the Constitution  (Thirty-fifth Amendment)  Act, 1974, s. 2 (w.e.f. 1-3-1975).  

THE CONSTITUTION OF INDIA 
(Part I.—Union and its territory) 3
President and unless, where the proposal contained in the Bill affects 
the area, boundaries or name of any of the States 2***, the Bill has been 
referred by the President to the Legislature of that State for expressing 
its views thereon within such period as may be specified in the 
reference or within such further period as the President may allow and 
the period so specified or allowed has expired.] 
3[Explanation I. —In this article, in clauses ( a) to (e), “State” 
includes a Union territory, but in the proviso, “State” does not include a 
Union territory. 
Explanation II. —The power conferred on Parliament by clause 
(a) includes the power to form a new State or Union territory by uniting 
a part of any State or Union territory to any other State or Union 
territory.] 
4. Laws made under articles 2 and 3 to provide for the 
amendment of the First and the Fourth Schedules and 
supplemental, incidental and consequential matters. —(1) Any law 
referred to in article 2 or article 3 shall contain such provisions for the 
amendment of the First Schedule and the Fourth Schedule as may be 
necessary to give effect to the provisions of the law and may also 
contain such supplemental, incidental and consequential provisions 
(including provisions as to representation in Parliament and in the 
Legislature or Legislatures of the State or States affected by such law) 
as Parliament may deem necessary. 
(2) No such law as aforesaid shall be deemed to be an 
amendment of this Constitution for the purposes of article 368.   
 
1. Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso        
(w.e.f. 24-12-1955). 
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the 
Constitution (Seventh Amendment) Act, 1956 , s. 29 and Sch. (w.e.f. 1-11-1956).   
3. Ins. by the Constitution  (Eighteenth Amendment)  Act, 1966, s. 2 (w.e.f. 27-8-1966). 

 4PART II 
5. Citizenship at the commencement of the Constitution. —At the 
commencement of this Constitution, every person who has his domicile in the 
territory of India and— 
(a) who was born in the territory of India; or 
(b) either of whose parents was born in the territory of India; or 
(c) who has been ordinarily resident in the territory of India for 
not less than five years immediately preceding such commencement,   
shall be a citizen of India. 
India from Pakistan .—Notwithstanding anything in article 5, a person who 
has migrated to the territory of India from the territory now included in 
Pakistan shall be deemed to be a citizen of India at the commencement of this 
Constitution if— 
(a) he or either of his parents or any of his grand-parents was born 
in India as defined in the Government of India Act, 1935 (as originally 
enacted); and 
(b)(i) in the case where such person has so migrated before the 
nineteenth day of July, 1948, he has been ordinarily resident in the 
territory of India since the date of his migration, or 
(ii) in the case where such person has so migrated on or after the 
nineteenth day of July, 1948, he has been registered as a citizen of India 
by an officer appointed in that behalf by the Government of the 
Dominion of India on an application made by him therefor to such 
officer before the commencement of this Constitution in the form and 
manner prescribed by that Government: 
Provided that no person shall be so registered unless he has been resident 
in the territory of India for at least six months immediately preceding the date 
of his application. 
 7. Rights of citizenship of certain migrants to Pakistan .—
Notwithstanding anything in articles 5 and 6, a person who has after the first 
day of March, 1947, migrated from the territory of India to the territory now 
included in Pakistan shall not be deemed to be a citizen of India: 

(Part II.—Citizenship)  5
Provided that nothing in this article shall apply to a person who, after 
having so migrated to the territory now included in Pakistan, has returned to the 
territory of India under a permit for resettlement or permanent return issued by 
or under the authority of any law and every such person shall for the purposes 
of clause ( b) of article 6 be deemed to have migrated to the territory of India 
after the nineteenth day of July, 1948. 
8. Rights of citizenship of certain persons of Indian origin residing 
outside India. —Notwithstanding anything in article 5, any person who or 
either of whose parents or any of whose grand-parents was born in India as 
defined in the Government of India Act, 1935 (as originally enacted), and who 
is ordinarily residing in any country outside India as so defined shall be deemed 
to be a citizen of India if he has been registered as a citizen of India by the 
diplomatic or consular representative of India in the country where he is for the 
time being residing on an application made by him therefor to such diplomatic 
or consular representative, whether before or after the commencement of this 
Constitution, in the form and manner prescribed by the Government of the 
Dominion of India or the Government of India. 
be citizens. — No person shall be a citizen of India by virtue of article 5, or be 
deemed to be a citizen of India by virtue of article 6 or article 8, if he has 
voluntarily acquired the citizenship of any foreign State. 
10. Continuance of the rights of citizenship. —Every person who is or 
is deemed to be a citizen of India under any of the foregoing provisions of this 
Part shall, subject to the provisions of any law that may be made by Parliament, 
continue to be such citizen. 
11. Parliament to regulate the right of citizenship by law. —Nothing 
in the foregoing provisions of this Part shall derogate from the power of 
Parliament to make any provision with respect to the acquisition and 
termination of citizenship and all other matters relating to citizenship.  
 
 6PART III 
General 
12. Definition .—In this Part, unless the context otherwise requires, “the 
State” includes the Government and Parliament of India and the Government 
and the Legislature of each of the States and all local or other authorities within 
the territory of India or under the control of the Government of India. 
rights.— (1) All laws in force in the territory of India immediately before the 
commencement of this Constitution, in so far as they are inconsistent with the 
provisions of this Part, shall, to the extent of such inconsistency, be void. 
(2) The State shall not make any law which takes away or abridges the 
rights conferred by this Part and any law made in contravention of this clause 
shall, to the extent of the contravention, be void. 
(3) In this article, unless the context otherwise requires,— 
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, 
notification, custom or usage having in the territory of India the force of 
law; 
(b) “laws in force” includes laws passed or made by a Legislature 
or other competent authority in the territory of India before the 
commencement of this Constitution and not previously repealed, 
notwithstanding that any such law or any part thereof may not be then in 
operation either at all or in particular areas. 
1[(4) Nothing in this article shall apply to any amendment of this 
Constitution made under article 368.] 
Right to Equality 
14. Equality before law. —The State shall not deny to any person 
equality before the law or the equal protection of the laws within the territory of 
India. 
15.  Prohibition of discrimination on grounds of religion, race, caste, 
sex or place of birth. —(1) The State shall not discriminate against any citizen 
on grounds only of religion, race, caste, sex, place of birth or any of them. 
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of 
birth or any of them, be subject to any disability, liability, restriction or 
condition with regard to— 
1. Ins. by the Constitution  (Twenty-fourth Amendment)  Act, 1971, s. 2 (w.e.f. 5-11-1971).  

THE CONSTITUTION OF  INDIA 
(Part III.—Fundamental Rights) 7
(a) access to shops, public restaurants, hotels and places of public 
entertainment; or 
(b) the use of wells, tanks, bathing ghats, roads and places of 
public resort maintained wholly or partly out of State funds or dedicated 
to the use of the general public. 
(3) Nothing in this article shall prevent the State from making any 
special provision for women and children. 
1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the 
State from making any special provision for the advancement of any socially 
and educationally backward classes of citizens or for the Scheduled Castes and 
the Scheduled Tribes.] 
2[(5) Nothing in this article or in sub-clause ( g) of clause (1) of article 19 
shall prevent the State from making any special provision, by law, for the 
advancement of any socially and educationally backward classes of citizens or 
for the Scheduled Castes or the Scheduled Tribes in so far as such special 
provisions relate to their admission to educational institutions including private 
educational institutions, whether aided or unaided by the State, other than the 
minority educational institutions referred to in clause (1) of article 30.]   
3[(6) Nothing in this article or sub-clause ( g) of clause (1) of article 19 or 
clause (2) of article 29 shall prevent the State from making,— 
(a) any special provision for the advancement of any 
economically weaker sections of citizens other than the classes 
mentioned in clauses (4) and (5); and  
(b) any special provision for the advancement of any 
mentioned in clauses (4) and (5) in so far as such special provisions 
relate to their admission to educational institutions including private 
educational institutions, whether aided or unaided by the State, other 
than the minority educational institutions referred to in clause (1) of 
article 30, which in the case of reservation would be in addition to the 
existing reservations and subject to a maximum of ten per cent. of the 
total seats in each category.  
1. Added by the Constitution (First Amendment) Act, 1951, s. 2  (w.e.f. 18-6-1951). 
2. Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2  (w.e.f. 20-1-2006). 
3. Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 2      
(w.e.f. 14-1-2019). 

(Part III.—Fundamental Rights) 8
Explanation .—For the purposes of this article and article 16, 
"economically weaker sections" shall be such as may be notified by the State 
from time to time on the basis of family income and other indicators of 
economic disadvantage.]  
16. Equality of opportunity in matters of public employment. —(1) 
There shall be equality of opportunity for all citizens in matters relating to 
employment or appointment to any office under the State. 
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, 
place of birth, residence or any of them, be ineligible for, or discriminated against 
in respect of, any employment or office under the State. 
(3) Nothing in this article shall prevent Parliament from making any law 
prescribing, in regard to a class or classes of employment or appointment to an 
office 1[under the Government of, or any local or other authority within, a State 
or Union territory, any requirement as to residence within that State or Union 
territory] prior to such employment or appointment. 
(4) Nothing in this article shall prevent the State from making any 
provision for the reservation of appointments or posts in favour of any 
backward class of citizens which, in the opinion of the State, is not adequately 
represented in the services under the State. 
2[(4A) Nothing in this article shall prevent the State from making any 
provision for reservation 3[in matters of promotion, with consequential 
seniority, to any class] or classes of posts in the services under the State in 
favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion 
of the State, are not adequately represented in the services under the State.] 
4[(4B) Nothing in this article shall prevent the State from considering 
any unfilled vacancies of a year which are reserved for being filled up in that 
year in accordance with any provision for reservation made under clause (4) or 
clause (4A) as a separate class of vacancies to be filled up in any succeeding 
year or years and such class of vacancies shall not be considered together with 
the vacancies of the year in which they are being filled up for determining the 
ceiling of fifty per cent. reservation on total number of vacancies of that year.] 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "under 
any State specified in the First Schedule or any local or other authority within its 
territory, any requirement as to residence within that State"  (w.e.f. 1-11-1956). 
2. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995). 
3. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words  
(retrospectively w.e.f. 17-6-1995). 
4. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000). 

(Part III.—Fundamental Rights) 9
(5) Nothing in this article shall affect the operation of any law which 
provides that the incumbent of an office in connection with the affairs of any 
religious or denominational institution or any member of the governing body 
thereof shall be a person professing a particular religion or belonging to a 
particular denomination. 
1[(6) Nothing in this article shall prevent the State from making any 
economically weaker sections of citizens other than the classes mentioned in 
clause (4), in addition to the existing reservation and subject to a maximum of 
ten per cent. of the posts in each category.] 
17. Abolition of Untouchability. —“Untouchability” is abolished and its 
practice in any form is forbidden. The enforcement of any disability arising out 
of “Untouchability” shall be an offence punishable in accordance with law. 
18. Abolition of titles. —(1) No title, not being a military or academic 
distinction, shall be conferred by the State. 
(2) No citizen of India shall accept any title from any foreign State. 
(3) No person who is not a citizen of India shall, while he holds any 
office of profit or trust under the State, accept without the consent of the 
President any title from any foreign State. 
(4) No person holding any office of profit or trust under the State shall, 
without the consent of the President, accept any present, emolument, or office 
of any kind from or under any foreign State.  
Right to Freedom 
19. Protection of certain rights regarding freedom of speech, etc. —
(1) All citizens shall have the right— 
(a) to freedom of speech and expression; 
(b) to assemble peaceably and without arms; 
(c) to form associations or unions 2[or co-operative societies]; 
(d) to move freely throughout the territory of India; 
1. Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 3                
2. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2 (w.e.f. 8-2-2012). 

(Part III.—Fundamental Rights) 10
(e) to reside and settle in any part of the territory of India; 1[and] 
2[(f)*                      *                      *                    *                     *]  
(g) to practise any profession, or to carry on any occupation, trade or 
business. 
3[(2) Nothing in sub-clause ( a) of clause (1) shall affect the operation of 
any existing law, or prevent the State from making any law, in so far as such 
law imposes reasonable restrictions on the exercise of the right conferred by the 
said sub-clause in the interests of 4[the sovereignty and integrity of India], the 
security of the State, friendly relations with foreign States, public order, 
decency or morality, or in relation to contempt of court, defamation or 
incitement to an offence.] 
(3) Nothing in sub-clause ( b) of the said clause shall affect the operation 
of any existing law in so far as it imposes, or prevent the State from making 
any law imposing, in the interests of 4[the sovereignty and integrity of India or] 
public order, reasonable restrictions on the exercise of the right conferred by 
the said sub-clause. 
(4) Nothing in sub-clause ( c) of the said clause shall affect the operation 
public order or morality, reasonable restrictions on the exercise of the right 
conferred by the said sub-clause. 
(5) Nothing in 5[sub-clauses ( d) and (e)] of the said clause shall affect 
the operation of any existing law in so far as it imposes, or prevent the State 
from making any law imposing, reasonable restrictions on the exercise of any 
of the rights conferred by the said sub-clauses either in the interests of the 
general public or for the protection of the interests of any Scheduled Tribe. 
1. Ins. by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).  
2. Sub-clause (f) o mitted by s.2, ibid. (w.e.f. 20-6-1979).  
3. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl.  (2)  (with retrospective 
effect). 
4. Ins. by the Constitution (Sixteenth  Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).  
5. Subs. by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 2,  for "sub-clauses 
(d), (e) and ( f)" (w.e.f. 20-6-1979).   

(Part III.—Fundamental Rights) 11
(6) Nothing in sub-clause ( g) of the said clause shall affect the operation 
any law imposing, in the interests of the general public, reasonable restrictions 
on the exercise of the right conferred by the said sub-clause, and, in particular, 
1[nothing in the said sub-clause shall affect the operation of any existing law in 
so far as it relates to, or prevent the State from making any law relating to,— 
(i) the professional or technical qualifications necessary for practising 
any profession or carrying on any occupation, trade or business, or 
(ii) the carrying on by the State, or by a corporation owned or 
controlled by the State, of any trade, business, industry or service, 
whether to the exclusion, complete or partial, of citizens or otherwise.] 
20. Protection in respect of conviction for offences. —(1) No person 
shall be convicted of any offence except for violation of a law in force at the 
time of the commission of the Act charged as an offence, nor be subjected to a 
penalty greater than that which might have been inflicted under the law in force 
at the time of the commission of the offence. 
(2) No person shall be prosecuted and punished for the same offence 
more than once. 
(3) No person accused of any offence shall be compelled to be a witness 
against himself. 
21. Protection of life and personal liberty. —No person shall be 
deprived of his life or personal liberty except according to procedure 
established by law. 
2[21A. Right to education. —The State shall provide free and 
compulsory education to all children of the age of six to fourteen years in such 
manner as the State may,  by law,  determine.] 
22. Protection against arrest and detention in certain cases. —(1) No 
person who is arrested shall be detained in custody without being informed, as 
soon as may be, of the grounds for such arrest nor shall he be denied the right 
to consult, and to be defended by, a legal practitioner of his choice. 
1.  Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words   
(w.e.f. 18-6-1951). 
2   Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2  (w.e.f. 1-4-2010). 

(Part III.—Fundamental Rights) 12
(2) Every person who is arrested and detained in custody shall be 
produced before the nearest magistrate within a period of twenty-four hours of 
such arrest excluding the time necessary for the journey from the place of arrest 
to the court of the magistrate and no such person shall be detained in custody 
beyond the said period without the authority of a magistrate. 
(3) Nothing in clauses (1) and (2) shall apply— 
(a) to any person who for the time being is an enemy alien; or 
(b) to any person who is arrested or detained under any law providing 
for preventive detention. 
(4) No law providing for preventive detention shall authorise the 
detention of a person for a longer period than three months unless— 
(a) an Advisory Board consisting of persons who are, or have been, 
or are qualified to be appointed as, Judges of a High Court has reported 
before the expiration of the said period of three months that there is in its 
opinion sufficient cause for such detention: 
 Cl. (4) shall stand substituted by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 3 (date 
yet to be notified) as— 
"(4) No law providing for preventive detention shall authorise the detention of a person for 
a longer period than two months unless an Advisory Board constituted in accordance with the 
recommendations of the Chief Justice of the appropriate High Court has reported before the 
expiration of the said period of two months that there is in its opinion sufficient cause for such 
detention: 
Provided that an Advisory Board shall consist of a Chairman and not less than two other 
members, and the Chairman shall be a serving Judge of the appropriate High Court and the other 
members shall be serving or retired Judges of any High Court : 
Provided further that nothing in this clause shall authorise the detention of any person 
beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of 
clause (7). 
Explanation .—In this clause, "appropriate High Court" means, — 
(i) in the case of the detention of a person in pursuance of an order of detention 
made by the Government of India or an officer or authority subordinate to that 
Government, the High Court for the Union territory of Dehli; 
(ii) in the case of the detention of a person in pursuance of an order of detention 
made by the Government of any State (other than a Union territory), the High Court for 
that State; and 
(iii) in the case of the detention of a person in pursuance of an order of detention 
made by the administrator of a Union territory or an officer or authority subordinate to such 
administrator, such High Court as may be specified by or under any law made by 
Parliament in this behalf.". 

(Part III.—Fundamental Rights) 13
Provided that nothing in this sub-clause shall authorise the detention 
of any person beyond the maximum period prescribed by any law made 
by Parliament under sub-clause ( b) of clause (7); or 
(b) such person is detained in accordance with the provisions of any 
law made by Parliament under sub-clauses ( a) and (b) of clause (7). 
(5) When any person is detained in pursuance of an order made under 
any law providing for preventive detention, the authority making the order 
shall, as soon as may be, communicate to such person the grounds on which the 
order has been made and shall afford him the earliest opportunity of making a 
representation against the order. 
(6) Nothing in clause (5) shall require the authority making any such 
order as is referred to in that clause to disclose facts which such authority 
considers to be against the public interest to disclose. 
(7) Parliament may by law prescribe— 
(a) the circumstances under which, and the class or classes of cases 
in which, a person may be detained for a period longer than three months 
under any law providing for preventive detention without obtaining the 
opinion of an Advisory Board in accordance with the provisions of sub-
clause (a) of clause (4); 
(b) the maximum period for which any person may in any class or 
classes of cases be detained under any law providing for preventive 
detention; and 
(c) the procedure to be followed by an Advisory Board in an 
inquiry under sub-clause ( a) of clause (4). 
 Sub-clause ( a) shall stand omitted by the  Constitution (Forty-fourth  Amendment) Act, 
1978, s. 3(b)(i) (date yet to be notified).  
 Sub-clause ( b) shall stand re-lettered as sub-clause (a) by s. 3(b)(ii), ibid. (date yet to 
be notified).  
 Sub-clause ( c) shall stand re-lettered as sub-clause (b) by s. 3(b)(iii), ibid. (date yet to 
 “sub-clause ( a) of clause (4)” shall stand substituted as "clause (4)" by s. 3(b)(iii), 
ibid. (date yet to be notified).  

(Part III.—Fundamental Rights) 14
Right against Exploitation 
23. Prohibition of traffic in human beings and forced labour. —(1) 
Traffic in human beings and begar and other similar forms of forced labour are 
prohibited and any contravention of this provision shall be an offence 
punishable in accordance with law. 
(2) Nothing in this article shall prevent the State from imposing 
compulsory service for public purposes, and in imposing such service the State 
shall not make any discrimination on grounds only of religion, race, caste or 
class or any of them. 
24. Prohibition of employment of children in factories, etc. —No child 
below the age of fourteen years shall be employed to work in any factory or 
mine or engaged in any other hazardous employment. 
Right to Freedom of Religion 
propagation of religion. —(1) Subject to public order, morality and health and 
to the other provisions of this Part, all persons are equally entitled to freedom 
of conscience and the right freely to profess, practice and propagate religion. 
(2) Nothing in this article shall affect the operation of any existing law or 
prevent the State from making any law— 
(a) regulating or restricting any economic, financial, political or 
other secular activity which may be associated with religious practice; 
(b) providing for social welfare and reform or the throwing open 
of Hindu religious institutions of a public character to all classes and 
sections of Hindus. 
Explanation I.— The wearing and carrying of kirpans shall be deemed to 
be included in the profession of the Sikh religion. 
Explanation II.— In sub-clause ( b) of clause (2), the reference to Hindus 
shall be construed as including a reference to persons professing the Sikh, Jaina 
or Buddhist religion, and the reference to Hindu religious institutions shall be 
construed accordingly. 
26. Freedom to manage religious affairs .—Subject to public order, 
morality and health, every religious denomination or any section thereof shall 
have the right— 
(a) to establish and maintain institutions for religious and charitable 
purposes; 

(Part III.—Fundamental Rights) 15
(b) to manage its own affairs in matters of religion; 
(c) to own and acquire movable and immovable property; and 
(d) to administer such property in accordance with law. 
religion.—No person shall be compelled to pay any taxes, the proceeds of 
which are specifically appropriated in payment of expenses for the promotion 
or maintenance of any particular religion or religious denomination. 
worship in certain educational institutions. —(1) No religious instruction 
shall be provided in any educational institution wholly maintained out of State 
funds. 
(2) Nothing in clause (1) shall apply to an educational institution which 
is administered by the State but has been established under any endowment or 
trust which requires that religious instruction shall be imparted in such 
institution. 
(3) No person attending any educational institution recognised by the 
State or receiving aid out of State funds shall be required to take part in any 
religious instruction that may be imparted in such institution or to attend any 
religious worship that may be conducted in such institution or in any premises 
attached thereto unless such person or, if such person is a minor, his guardian 
has given his consent thereto. 
Cultural and Educational Rights 
29. Protection of interests of minorities .—(1) Any section of the 
citizens residing in the territory of India or any part thereof having a distinct 
language, script or culture of its own shall have the right to conserve the same. 
(2) No citizen shall be denied admission into any educational institution 
maintained by the State or receiving aid out of State funds on grounds only of 
religion, race, caste, language or any of them. 
institutions. —(1) All minorities, whether based on religion or language, shall 
have the right to establish and administer educational institutions of their 
choice. 

(Part III.—Fundamental Rights) 16
1[(1A) In making any law providing for the compulsory acquisition of 
any property of an educational institution established and administered by a 
minority, referred to in clause (1), the State shall ensure that the amount fixed 
by or determined under such law for the acquisition of such property is such as 
would not restrict or abrogate the right guaranteed under that clause.] 
(2) The State shall not, in granting aid to educational institutions, 
discriminate against any educational institution on the ground that it is under 
the management of a minority, whether based on religion or language. 
  2*              *                *                     * 
31. [Compulsory acquisition of property. ].—Omitted by the Constitution 
(Forty-fourth Amendment ) Act, 1978, s. 6 ( w.e.f. 20-6-1979). 
3[Saving of Certain Laws]  
4[31A. Saving of laws providing for acquisition of estates, etc .— 
 5[(1)  Notwithstanding  anything contained in article 13, no law providing 
for— 
(a) the acquisition by the State of any estate or of any rights therein 
or the extinguishment or modification of any such rights, or 
(b) the taking over of the management of any property by the State 
for a limited period either in the public interest or in order to secure the 
proper management of the property, or 
(c)  the amalgamation of two or more corporations either in the public 
interest or in order to secure the proper management of any of the 
corporations, or 
(d) the extinguishment or modification of any rights of managing 
agents, secretaries and treasurers, managing directors, directors or 
managers of corporations, or of any voting rights of shareholders thereof, 
or 
1.  Ins. by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).   
2. Sub-heading "Right to Property" omitted by s. 5,  ibid. (w.e.f. 20-6-1979).   
3. Ins. by the Constitution (Forty-second  Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).   
4. Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect). 
5. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with 
retrospective effect). 

(Part III.—Fundamental Rights) 17
(e) the extinguishment or modification of any rights accruing by 
virtue of any agreement, lease or licence for the purpose of searching for, 
or winning, any mineral or mineral oil, or the premature termination or 
cancellation of any such agreement, lease or licence, 
shall be deemed to be void on the ground that it is inconsistent with, or takes 
away or abridges any of the rights conferred by 1[article 14 or article 19]: 
Provided that where such law is a law made by the Legislature of a State, 
the provisions of this article shall not apply thereto unless such law, having 
been reserved for the consideration of the President, has received his assent:] 
2[Provided further that where any law makes any provision for the 
acquisition by the State of any estate and where any land comprised therein is 
held by a person under his personal cultivation, it shall not be lawful for the 
State to acquire any portion of such land as is within the ceiling limit applicable 
to him under any law for the time being in force or any building or structure 
standing thereon or appurtenant thereto, unless the law relating to the 
acquisition of such land, building or structure, provides for payment of 
compensation at a rate which shall not be less than the market value thereof.] 
  (2) In this article,— 
3[(a) the expression “estate” shall, in relation to any local area, have 
the same meaning as that expression or its local equivalent has in the 
existing law relating to land tenures in force in that area and shall also 
include— 
(i) any jagir, inam or muafi or other similar grant and in the States 
of 4[Tamil Nadu] and Kerala, any janmam right; 
(ii) any land held under ryotwari settlement; 
(iii) any land held or let for purposes of agriculture or for 
purposes ancillary thereto, including waste land, forest land, land for 
pasture or sites of buildings and other structures occupied by 
cultivators of land, agricultural labourers and village artisans;] 
1. Subs. by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 7, for "article 14, 
article 19 or article 31" (w.e.f. 20-6-1979).   
2. Ins. by the Constitution (Seventeenth  Amendment) Act, 1964, s. 2(i) (w.e.f. 20-6-1964).   
3. Subs. by s.2(ii), ibid., for sub-clause ( a) (with retrospective effect).  
4. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for 
"Madras" (w.e.f. 14-1-1969).  

(Part III.—Fundamental Rights) 18
(b) the expression “rights”, in relation to an estate, shall include any 
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-
holder, 1[raiyat, under-raiyat] or other intermediary and any rights or 
privileges in respect of land revenue.] 
2[31B. Validation of certain Acts and Regulations. —Without 
prejudice to the generality of the provisions contained in article 31A, none of 
the Acts and Regulations specified in the Ninth Schedule nor any of the 
provisions thereof shall be deemed to be void, or ever to have become void, on 
the ground that such Act, Regulation or provision is inconsistent with, or takes 
away or abridges any of the rights conferred by, any provisions of this Part, and 
notwithstanding any judgment, decree or order of any court or Tribunal to the 
contrary, each of the said Acts and Regulations shall, subject to the power of 
any competent Legislature to repeal or amend it, continue in force.] 
3[31C. Saving of laws giving effect to certain directive principles .—
Notwithstanding anything contained in article 13, no law giving effect to the 
policy of the State towards securing 4[all or any of the principles laid down in 
Part IV] shall be deemed to be void on the ground that it is inconsistent with, or 
takes away or abridges any of the rights conferred by 5[article 14 or article 19;] 
6[and no law containing a declaration that it is for giving effect to such policy 
shall be called in question in any court on the ground that it does not give effect 
to such policy ]: 
Provided that where such law is made by the Legislature of a State, the 
provisions of this article shall not apply thereto unless such law, having been 
reserved for the consideration of the President, has received his assent.] 
 731D. [Saving of laws in respect of anti-national activities. ].—Omitted  
by the Constitution (Forty-third Amendment ) Act,1977, s. 2 (w.e.f.13-4-1978) . 
1. Ins. by the Constitution (Fourth  Amendment) Act, 1955, s. 3 (with retrospective effect).    
2. Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951). 
3. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972). 
4. Subs. by the Constitution  (Forty-second  Amendment) Act, 1976, s. 4, for “the principles 
specified in clause ( b) or clause ( c) of article 39” (w.e.f. 3-1-1977). Section 4 has been 
declared invalid by  the Supreme Court in  Minerva Mills Ltd. and Others Vs Union of India 
and Others,  AIR 1980  SC 1789.  
5. Subs. by the Constitution  (Forty-fourth  Amendment) Act, 1978, s. 8, for “article 14, article 
19 or article 31” (w.e.f. 20-6-1979). 
6. The words in italics struck down by the Supreme Court in  Kesavananda Bharati vs. State of 
Kerala, AIR 1973,  SC 1461.  
7. Ins. by the Constitution  (Forty-second  Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977). 

(Part III.—Fundamental Rights) 19
Right  to Constitutional Remedies 
32. Remedies for enforcement of rights conferred by this Part .—(1) 
The right to move the Supreme Court by appropriate proceedings for the 
enforcement of the rights conferred by this Part is guaranteed. 
(2) The Supreme Court shall have power to issue directions or orders or 
writs, including writs in the nature of habeas corpus, mandamus, prohibition,  
quo warranto  and certiorari,  whichever may be appropriate, for the 
enforcement of any of the rights conferred by this Part. 
(3) Without prejudice to the powers conferred on the Supreme Court by 
clauses (1) and (2), Parliament may by law empower any other court to exercise 
within the local limits of its jurisdiction all or any of the powers exercisable by 
the Supreme Court under clause (2). 
(4) The right guaranteed by this article shall not be suspended except as 
otherwise provided for by this Constitution. 
132A. [Constitutional validity of State laws not to be considered in 
proceedings under article  32.].—Omitted by the Constitution (Forty-third 
Amendment ) Act, 1977, s. 3 (w.e.f. 13-4-1978). 
2[33. Power of Parliament to modify the rights conferred by this Part 
in their application to Forces, etc .—Parliament may, by law, determine to what 
extent any of the rights conferred by this Part shall, in their application to,— 
(a)  the members of the Armed Forces; or 
(b) the members of the Forces charged with the maintenance of 
public order; or 
(c) persons employed in any bureau or other organisation established 
by the State for purposes of intelligence or counter intelligence; or 
(d) person employed in, or in connection with, the telecommunication 
systems set up for the purposes of any Force, bureau or organisation 
referred to in clauses ( a) to (c), 
be restricted or abrogated so as to ensure the proper discharge of their duties 
and the maintenance of discipline among them.] 
1. Ins. by the Constitution  (Forty-second  Amendment) Act, 1976, s. 6 (w.e.f. 1-2-1977). 
2. Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33           
(w.e.f. 11-9-1984). 

(Part III.—Fundamental Rights) 20
34. Restriction on rights conferred by this Part while martial law is 
in force in any area .—Notwithstanding anything in the foregoing provisions 
of this Part, Parliament may by law indemnify any person in the service of the 
Union or of a State or any other person in respect of any act done by him in 
connection with the maintenance or restoration of order in any area within the 
territory of India where martial law was in force or validate any sentence 
passed, punishment inflicted, forfeiture ordered or other act done under martial 
law in such area. 
35. Legislation to give effect to the provisions of this Part. —
Notwithstanding anything in this Constitution,—  
(a) Parliament shall have, and the Legislature of a State shall not 
have, power to make laws— 
(i) with respect to any of the matters which under clause (3) of 
article 16, clause (3) of article 32, article 33 and article 34 may be 
provided for by law made by Parliament; and  
(ii) for prescribing punishment for those acts which are declared 
to be offences under this Part,  
and Parliament shall, as soon as may be after the commencement of this 
Constitution, make laws for prescribing punishment for the acts referred 
to in sub-clause ( ii); 
(b) any law in force immediately before the commencement of this 
Constitution in the territory of India with respect to any of the matters 
referred to in sub-clause ( i) of clause ( a) or providing for punishment for 
any act referred to in sub-clause ( ii) of that clause shall, subject to the 
terms thereof and to any adaptations and modifications that may be made 
therein under article 372, continue in force until altered or repealed or 
amended by Parliament.  
Explanation. —In this article, the expression "law in force'' has the same 
meaning as in article 372.  
 
 21 PART IV 
36. Definition .—In this Part, unless the context otherwise requires, “the 
State” has the same meaning as in Part III. 
37. Application of the principles contained in this Part. —The 
provisions contained in this Part shall not be enforceable by any court, but the 
principles therein laid down are nevertheless fundamental in the governance of 
the country and it shall be the duty of the State to apply these principles in 
making laws. 
people.—1[(1)] The State shall strive to promote the welfare of the people by 
securing and protecting as effectively as it may a social order in which justice, 
social, economic and political, shall inform all the institutions of the national life. 
2[(2) The State shall, in particular, strive to minimise the inequalities in 
income, and endeavour to eliminate inequalities in status, facilities and 
opportunities, not only amongst individuals but also amongst groups of people 
residing in different areas or engaged in different vocations.] 
39. Certain principles of policy to be followed by the State .—The 
State shall, in particular, direct its policy towards securing— 
(a) that the citizens, men and women equally, have the right to an 
adequate means of livelihood; 
(b) that the ownership and control of the material resources of the 
community are so distributed as best to subserve the common good; 
(c) that the operation of the economic system does not result in the 
concentration of wealth and means of production to the common 
detriment; 
(d) that there is equal pay for equal work for both men and women; 
(e) that the health and strength of workers, men and women, and 
the tender age of children are not abused and that citizens are not forced 
by economic necessity to enter avocations unsuited to their age or 
strength; 
1. Art. 38 renumbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act, 
1978, s. 9 (w.e.f. 20-6-1979). 
2. Ins. by s. 9, ibid. (w.e.f. 20-6-1979). 

(Part IV.— Directive Principles of State Policy) 22
1[(f) that children are given opportunities and facilities to develop 
in a healthy manner and in conditions of freedom and dignity and that 
childhood and youth are protected against exploitation and against moral 
and material abandonment.] 
2[39A. Equal justice and free legal aid. —The State shall secure that the 
operation of the legal system promotes justice, on a basis of equal opportunity, 
and shall, in particular, provide free legal aid, by suitable legislation or schemes 
or in any other way, to ensure that opportunities for securing justice are not 
denied to any citizen by reason of economic or other disabilities.] 
40. Organisation of village panchayats. —The State shall take steps to 
organise village panchayats and endow them with such powers and authority as 
may be necessary to enable them to function as units of self-government. 
41. Right to work, to education and to public assistance in certain 
cases.—The State shall, within the limits of its economic capacity and 
development, make effective provision for securing the right to work, to 
education and to public assistance in cases of unemployment, old age, sickness 
and disablement, and in other cases of undeserved want. 
42. Provision for just and humane conditions of work and maternity 
relief.—The State shall make provision for securing just and humane 
conditions of work and for maternity relief. 
43. Living wage, etc., for workers .—The State shall endeavour to 
secure, by suitable legislation or economic organisation or in any other way, to 
all workers, agricultural, industrial or otherwise, work, a living wage, 
conditions of work ensuring a decent standard of life and full enjoyment of 
leisure and social and cultural opportunities and, in particular, the State shall 
endeavour to promote cottage industries on an individual or co-operative basis 
in rural areas. 
3[43A. Participation of workers in management of industries .—The 
State shall take steps, by suitable legislation or in any other way, to secure the 
participation of workers in the management of undertakings, establishments or 
other organisations engaged in any industry.] 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. ( f)     
(w.e.f. 3-1-1977). 
2. Ins. by s. 8, ibid. (w.e.f. 3-1-1977). 
3. Ins. by s. 9 , ibid. (w.e.f. 3-1-1977). 

(Part IV.— Directive Principles of State Policy) 23
1[43B. Promotion of co-operative societies .—The State shall endeavour 
to promote voluntary formation, autonomous functioning, democratic control 
and professional management of co-operative societies.] 
44. Uniform civil code for the citizens .—The State shall endeavour to 
secure for the citizens a uniform civil code throughout the territory of India. 
2[45. Provision for early childhood care and education to children 
below the age of six years. —The State shall endeavour to provide early 
childhood care and education for all children until they complete the age of six 
years.] 
46. Promotion of educational and economic interests of Scheduled 
Castes, Scheduled Tribes and other weaker sections. —The State shall 
promote with special care the educational and economic interests of the weaker 
sections of the people, and, in particular, of the Scheduled Castes and the 
Scheduled Tribes, and shall protect them from social injustice and all forms of 
exploitation. 
47. Duty of the State to raise the level of nutrition and the standard 
of living and to improve public health .—The State shall regard the raising of 
the level of nutrition and the standard of living of its people and the 
improvement of public health as among its primary duties and, in particular, the 
State shall endeavour to bring about prohibition of the consumption except for 
medicinal purposes of intoxicating drinks and of drugs which are injurious to 
health. 
48. Organisation of agriculture and animal husbandry. —The State 
shall endeavour to organise agriculture and animal husbandry on modern and 
scientific lines and shall, in particular, take steps for preserving and improving 
the breeds, and prohibiting the slaughter, of cows and calves and other milch 
and draught cattle. 
3[48A. Protection and improvement of environment and 
safeguarding of forests and wild life .—The State shall endeavour to protect 
and improve the environment and to safeguard the forests and wild life of the 
country.] 
1. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3 (w.e.f. 15-2-2012).  
2. Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3, for art. 45    
(w.e.f. 1-4-2010). 
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977). 

(Part IV.— Directive Principles of State Policy) 24
49. Protection of monuments and places and objects of national 
importance .—It shall be the obligation of the State to protect every monument 
or place or object of artistic or historic interest, 1[declared by or under law 
made by Parliament] to be of national importance, from spoliation, 
disfigurement, destruction, removal, disposal or export, as the case may be. 
50. Separation of judiciary from executive .—The State shall take steps 
to separate the judiciary from the executive in the public services of the State. 
51. Promotion of international peace and security .—The State shall 
endeavour to— 
(a)  promote international peace and security; 
(b)  maintain just and honourable relations between nations; 
(c) foster respect for international law and treaty obligations in the 
dealings of organised peoples with one another; and 
(d) encourage settlement of international disputes by arbitration.  
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by 
Parliament by law" (w.e.f. 1-11-1956). 

 25 1[PART  IVA  
 
FUNDAMENTAL DUTIES 
51A. Fundamental duties. —It shall be the duty of every citizen of 
India— 
(a) to abide by the Constitution and respect its ideals and 
institutions, the National Flag and the National Anthem; 
(b) to cherish and follow the noble ideals which inspired our 
national struggle for freedom; 
(c) to uphold and protect the sovereignty, unity and integrity of 
India; 
(d) to defend the country and render national service when called 
upon to do so; 
(e) to promote harmony and the spirit of common brotherhood 
amongst all the people of India transcending religious, linguistic and 
regional or sectional diversities; to renounce practices derogatory to the 
dignity of women; 
(f) to value and preserve the rich heritage of our composite 
culture; 
(g) to protect and improve the natural environment including 
forests, lakes, rivers and wild life, and to have compassion for living 
creatures; 
(h) to develop the scientific temper, humanism and the spirit of 
inquiry and reform; 
(i) to safeguard public property and to abjure violence; 
(j) to strive towards excellence in all spheres of individual and 
collective activity so that the nation constantly rises to higher levels of 
endeavour and achievement; ] 
2[(k) who is a parent or guardian to provide opportunities for 
education to his child or, as  the case may be, ward between the age of 
six and fourteen years.] 
 
1. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 11 (w.e.f. 3-1-1977).  
2. Ins. by the Constitution  (Eighty-sixth Amendment)  Act, 2002, s. 4 (w.e.f. 1-4-2010).  

 26 PART  V 
THE UNION 
CHAPTER I.—THE EXECUTIVE  
52. The President of India .—There shall be a President of India. 
53. Executive power of the Union. —(1) The executive power of the Union 
shall be vested in the President and shall be exercised by him either directly or 
through officers subordinate to him in accordance with this Constitution. 
(2) Without prejudice to the generality of the foregoing provision, the 
supreme command of the Defence Forces of the Union shall be vested in the 
President and the exercise thereof shall be regulated by law. 
(3) Nothing in this article shall— 
(a) be deemed to transfer to the President any functions conferred 
by any existing law on the Government of any State or other authority; or 
(b) prevent Parliament from conferring by law functions on 
authorities other than the President. 
54. Election of President .—The President shall be elected by the 
members of an electoral college consisting of— 
(a) the elected members of both Houses of Parliament; and 
(b)  the elected members of the Legislative Assemblies of the States. 
1[Explanation.— In this article and in article 55, “State” includes the 
National Capital Territory of Delhi and the Union territory of  *Pondicherry.] 
55. Manner of election of President. —(1) As far as practicable, there 
shall be uniformity in the scale of representation of the different States at the 
election of the President. 
(2) For the purpose of securing such uniformity among the States inter se 
as well as parity between the States as a whole and the Union, the number of 
votes which each elected member of Parliament and of the Legislative 
Assembly of each State is entitled to cast at such election shall be determined in 
the following manner:— 
(a) every elected member of the Legislative Assembly of a State shall 
have as many votes as there are multiples of one thousand in the quotient 
obtained by dividing the population of the State by the total number of 
the elected members of the Assembly; 
1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995). 
* Now Puducherry vide  the Pondicherry  (Alteration of Name) Act, 2006 (44 of 2006),  
s. 3 (w.e.f. 1-10-2006). 

(Part V.—The Union) 27
(b) if, after taking the said multiples of one thousand, the remainder is 
not less than five hundred, then the vote of each member referred to in 
sub-clause ( a) shall be further increased by one; 
(c) each elected member of either House of Parliament shall have 
such number of votes as may be obtained by dividing the total number of 
votes assigned to the members of the Legislative Assemblies of the 
States under sub-clauses ( a) and (b)  by the total number of the elected 
members of both Houses of Parliament, fractions exceeding one-half 
being counted as one and other fractions being disregarded. 
(3) The election of the President shall be held in accordance with the 
system of proportional representation by means of the single transferable vote 
and the voting at such election shall be by secret ballot. 
1[Explanation.— In this article, the expression “population” means the 
population as ascertained at the last preceding census of which the relevant 
figures have been published: 
Provided that the reference in this Explanation to the last preceding 
census of which the relevant figures have been published shall, until the 
relevant figures for the first census taken after the year 2[2026] have been 
published, be construed as a reference to the 1971 census.] 
56. Term of office of President .—(1) The President shall hold office for 
a term of five years from the date on which he enters upon his office: 
Provided that— 
(a) the President may, by writing under his hand addressed to the 
Vice-President, resign his office; 
(b) the President may, for violation of the Constitution, be removed 
from office by impeachment in the manner provided in article 61; 
(c) the President shall, notwithstanding the expiration of his term, 
continue to hold office until his successor enters upon his office. 
(2) Any resignation addressed to the Vice-President under clause ( a) of 
the proviso to clause (1) shall forthwith be communicated by him to the 
Speaker of the House of the People. 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the 
Explanation  (w.e.f. 3-1-1977). 
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000" 
(w.e.f. 21-2-2002). 

(Part V.—The Union) 28
57. Eligibility for re-election. —A person who holds, or who has held, 
office as President shall, subject to the other provisions of this Constitution, be 
eligible for re-election to that office. 
58. Qualifications for election as President .—(1) No person shall be 
eligible for election as President unless he— 
(a) is a citizen of India, 
(b) has completed the age of thirty-five years, and 
(c) is qualified for election as a member of the House of the People. 
 (2) A person shall not be eligible for election as President if he holds 
any office of profit under the Government of India or the Government of any 
State or under any local or other authority subject to the control of any of the 
said Governments. 
Explanation.— For the purposes of this article, a person shall not be 
deemed to hold any office of profit by reason only that he is the President or 
Vice-President of the Union or the Governor 1*** of any State or is a Minister 
either for the Union or for any State. 
59. Conditions of President's office. —(1) The President shall not be a 
member of either House of Parliament or of a House of the Legislature of any 
State, and if a member of either House of Parliament or of a House of the 
Legislature of any State be elected President, he shall be deemed to have 
vacated his seat in that House on the date on which he enters upon his office as 
President. 
(2) The President shall not hold any other office of profit. 
(3) The President shall be entitled without payment of rent to the use of 
his official residences and shall be also entitled to such emoluments, 
allowances and privileges as may be determined by Parliament by law and, 
until provision in that behalf is so made, such emoluments, allowances and 
privileges as are specified in the Second Schedule. 
(4) The emoluments and allowances of the President shall not be 
diminished during his term of office. 
60. Oath or affirmation by the President. —Every President and every 
person acting as President or discharging the functions of the President shall, 
before entering upon his office, make and subscribe in the presence of the Chief 
Justice of India or, in his absence, the senior-most Judge of the Supreme Court 
available, an oath or affirmation in the following form, that is to say— 
1. The words "or Rajpramukh or Uparajpramukh" omitted by the Constitution (Seventh 
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

(Part V.—The Union) 29
"I,  A.B., do swear in the name of  God   that I will  faithfully  execute the office     
                       solemnly affirm 
of President (or discharge the functions of the President) of India and will to the best 
of my ability preserve,  protect  and  defend  the Constitution  and  the  law  and  that  
I  will  devote  myself  to  the  service  and  well-being of  the  people  of  India.". 
61. Procedure for impeachment of the President .—(1) When a 
President is to be impeached for violation of the Constitution, the charge shall 
be preferred by either House of Parliament. 
(2) No such charge shall be preferred unless— 
(a) the proposal to prefer such charge is contained in a resolution 
which has been moved after at least fourteen days' notice in writing 
signed by not less than one-fourth of the total number of members of the 
House has been given of their intention to move the resolution, and 
(b) such resolution has been passed by a majority of not less than 
two-thirds of the total membership of the House. 
(3) When a charge has been so preferred by either House of Parliament, 
the other House shall investigate the charge or cause the charge to be 
investigated and the President shall have the right to appear and to be 
represented at such investigation. 
(4) If as a result of the investigation a resolution is passed by a majority 
of not less than two-thirds of the total membership of the House by which the 
charge was investigated or caused to be investigated, declaring that the charge 
preferred against the President has been sustained, such resolution shall have 
the effect of removing the President from his office as from the date on which 
the resolution is so passed. 
and the term of office of person elected to fill casual vacancy. —(1) An 
election to fill a vacancy caused by the expiration of the term of office of 
President shall be completed before the expiration of the term. 
 (2) An election to fill a vacancy in the office of President occurring by 
reason of his death, resignation or removal, or otherwise shall be held as soon 
as possible after,  and in no case later than six months from, the date of 
occurrence of the vacancy; and the person elected to fill the vacancy shall, 
subject to the provisions of article 56, be entitled to hold office for the full term 
of five years from the date on which he enters upon his office. 
63. The Vice-President of India. —There shall be a Vice-President of India. 
64. The Vice-President to be ex officio Chairman of the Council of 
States.—The Vice-President shall be ex officio Chairman of the Council of the 
States and shall not hold any other office of profit: 

(Part V.—The Union) 30
Provided that during any period when the Vice-President acts as 
President or discharges the functions of the President under article 65, he shall 
not perform the duties of the office of Chairman of the Council of States and 
shall not be entitled to any salary or allowance payable to the Chairman of the 
Council of States under article 97. 
 65. The Vice-President  to act  as  President  or to discharge  his  
functions during  casual  vacancies  in  the  office, or during  the  absence,  
of  President. —(1) In the event of the occurrence of any vacancy in the office 
of the President by reason of his death, resignation or removal, or otherwise, 
the Vice-President shall act as President until the date on which a new 
President elected in accordance with the provisions of this Chapter to fill such 
vacancy enters upon his office. 
(2) When the President is unable to discharge his functions owing to 
absence, illness or any other cause, the Vice-President shall discharge his 
functions until the date on which the President resumes his duties. 
(3) The Vice-President shall, during, and in respect of, the period while 
he is so acting as, or discharging the functions of, President, have all the 
powers and immunities of the President and be entitled to such emoluments, 
66. Election of Vice-President. —(1) The Vice-President shall be 
elected by the 1[members of an electoral college consisting of the members of 
both Houses of Parliament] in accordance with the system of proportional 
representation by means of the single transferable vote and the voting at such 
election shall be by secret ballot. 
(2) The Vice-President shall not be a member of either House of 
Parliament or of a House of the Legislature of any State, and if a member of 
either House of Parliament or of a House of the Legislature of any State be 
elected Vice-President, he shall be deemed to have vacated his seat in that 
House on the date on which he enters upon his office as Vice-President. 
(3) No person shall be eligible for election as Vice-President unless he— 
(a) is a citizen of India; 
(b) has completed the age of thirty-five years; and 
1. Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for "members of both 
Houses of Parliament assembled at a joint meeting" (w.e.f. 19-12-1961). 

(Part V.—The Union) 31
(c) is qualified for election as a member of the Council of States. 
(4) A person shall not be eligible for election as Vice-President if he 
holds any office of profit under the Government of India or the Government of 
any State or under any local or other authority subject to the control of any of 
the said Governments. 
67. Term of office of Vice-President. —The Vice-President shall hold 
office for a term of five years from the date on which he enters upon his office: 
(a) a Vice-President may, by writing under his hand addressed to the 
President, resign his office; 
(b) a Vice-President may be removed from his office by a resolution 
of the Council of States passed by a majority of all the then members of 
the Council and agreed to by the House of the People; but no resolution 
for the purpose of this clause shall be moved unless at least fourteen 
days' notice has been given of the intention to move the resolution; 
 (c) a Vice-President shall, notwithstanding the expiration of his term, 
  68. Time of holding election to fill vacancy in the office of Vice-
President and the term of office of person elected to fill casual vacancy .—
(1) An election to fill a vacancy caused by the expiration of the term of office 
of Vice-President shall be completed before the expiration of the term. 
  (2) An election to fill a vacancy in the office of Vice-President 
occurring by reason of his death, resignation or removal, or otherwise shall be 
held as soon as possible after the occurrence of the vacancy, and the person 
elected to fill the vacancy shall, subject to the provisions of article 67, be 
entitled to hold office for the full term of five years from the date on which he 
enters upon his office. 
 69. Oath or affirmation by the Vice-President .—Every Vice-
President shall, before entering upon his office, make and subscribe before the 

(Part V.—The Union) 32
President, or some person appointed in that behalf by him, an oath or 
affirmation in the following form, that is to say— 
   "I, A.B., do swear in the name of God  that  I  will  bear   true  faith  and                                                
                           solemnly affirm                                                     
allegiance to the Constitution of India as by law established and that I will faithfully 
discharge the duty upon which I am about to enter.".  
70. Discharge of President's functions in other contingencies. —
Parliament may make such provision as it thinks fit for the discharge of the 
functions of the President in any contingency not provided for in this Chapter. 
1[71. Matters relating to, or connected with, the election of a 
President or Vice-President. —(1) All doubts and disputes arising out of or in 
connection with the election of a President or Vice-President shall be inquired 
into and decided by the Supreme Court whose decision shall be final. 
(2) If the election of a person as President or Vice-President is declared 
void by the Supreme Court, acts done by him in the exercise and performance 
of the powers and duties of the office of President or Vice-President, as the 
case may be, on or before the date of the decision of the Supreme Court shall 
not be invalidated by reason of that declaration. 
(3) Subject to the provisions of this Constitution, Parliament may by law 
regulate any matter relating to or connected with the election of a President or 
Vice-President. 
(4) The election of a person as President or Vice-President shall not be 
called in question on the ground of the existence of any vacancy for whatever 
reason among the members of the electoral college electing him.] 
or commute sentences in certain cases. —(1) The President shall have the 
power to grant pardons, reprieves, respites or remissions of punishment or to 
suspend, remit or commute the sentence of any person convicted of any 
offence— 
(a) in all cases where the punishment or sentence is by a Court 
Martial; 
(b) in all cases where the punishment or sentence is for an offence 
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f 10-8-1975) and  
further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 10.                 
(w.e.f. 20-6-1979). 

(Part V.—The Union) 33
against any law relating to a matter to which the executive power of the 
Union extends; 
(c) in all cases where the sentence is a sentence of death. 
 (2) Nothing in sub-clause ( a)  of clause (1) shall affect the power 
conferred by law on any officer of the Armed Forces of the Union to suspend, 
remit or commute a sentence passed by a Court Martial. 
(3) Nothing in sub-clause ( c) of clause (1) shall affect the power to 
suspend, remit or commute a sentence of death exercisable by the Governor  1*** 
of a State under any law for the time being in force. 
73. Extent of executive power of the Union. —(1) Subject to the 
provisions of this Constitution, the executive power of the Union shall extend— 
(a) to the matters with respect to which Parliament has power to make 
laws; and 
(b) to the exercise of such rights, authority and jurisdiction as are  
exercisable by the Government of India by virtue of any treaty or 
agreement: 
Provided that the executive power referred to in sub-clause ( a) shall not, 
save as expressly provided in this Constitution or in any law made by Parliament, 
extend in any State 2*** to matters with respect to which the Legislature of the 
State has also power to make laws. 
(2) Until otherwise provided by Parliament, a State and any officer or 
authority of a State may, notwithstanding anything in this article, continue to 
exercise in matters with respect to which Parliament has power to make laws for 
that State such executive power or functions as the State or officer or authority 
thereof could exercise immediately before the commencement of this 
Constitution. 
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 
1956, s. 29 and Sch. (w.e.f. 1-11-1956). 
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by 
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

(Part V.—The Union) 34
Council of Ministers 
74. Council of Ministers to aid and advise President .—1[(1) There shall 
be a Council of Ministers with the Prime Minister at the head to aid and advise 
the President who shall, in the exercise of his functions, act in accordance with 
such advice:] 
2[Provided that the President may require the Council of Ministers to 
reconsider such advice, either generally or otherwise, and the President shall act 
in accordance with the advice tendered after such reconsideration.] 
(2) The question whether any, and if so what, advice was tendered by 
Ministers to the President shall not be inquired into in any court. 
75. Other provisions as to Ministers. —(1) The Prime Minister shall be 
appointed by the President and the other Ministers shall be appointed by the 
President on the advice of the Prime Minister. 
3[(1A) The total number of Ministers, including the Prime Minister, in the 
Council of Ministers shall not exceed fifteen per cent.  of the total number of 
members of the House of the People.   
(1B) A member of either House of Parliament belonging to any political 
party who is disqualified for being a member of that House under paragraph 2 of 
the Tenth Schedule shall also be disqualified to be appointed as a Minister under 
clause (1) for duration of the period commencing from the date of his 
disqualification till the date on which the term of his office as such member 
would expire or where he contests any election to either House of Parliament 
before the expiry of such period, till the date on which he is declared elected, 
whichever is earlier.] 
(2) The Ministers shall hold office during the pleasure of the President. 
(3) The Council of Ministers shall be collectively responsible to the House 
of the People. 
(4) Before a Minister enters upon his office, the President shall administer 
to him the oaths of office and of secrecy according to the forms set out for the 
purpose in the Third Schedule. 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.13, for cl. (1)           
2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979). 
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004). 

(Part V.—The Union) 35
(5) A Minister who for any period of six consecutive months is not a 
member of either House of Parliament shall at the expiration of that period cease 
to be a Minister. 
 (6) The salaries and allowances of Ministers shall be such as Parliament 
may from time to time by law determine and, until Parliament so determines, 
shall be as specified in the Second Schedule. 
The Attorney-General for India 
76. Attorney-General for India .—(1) The President shall appoint a 
person who is qualified to be appointed a Judge of the Supreme Court to be 
Attorney-General for India. 
(2) It shall be the duty of the Attorney-General to give advice to the 
Government of India upon such legal matters, and to perform such other duties 
of a legal character, as may from time to time be referred or assigned to him by 
the President, and to discharge the functions conferred on him by or under this 
Constitution or any other law for the time being in force. 
(3) In the performance of his duties the Attorney-General shall have 
right of audience in all courts in the territory of India. 
(4) The Attorney-General shall hold office during the pleasure of the 
President, and shall receive such remuneration as the President may determine. 
Conduct of Government Business 
77. Conduct of business of the Government of India. —(1) All 
executive action of the Government of India shall be expressed to be taken in 
the name of the President. 
(2) Orders and other instruments made and executed in the name of the 
President shall be authenticated in such manner as may be specified in rules1 to 
be made by the President, and the validity of an order or instrument which is so 
authenticated shall not be called in question on the ground that it is not an order 
or instrument made or executed by the President. 
(3) The President shall make rules for the more convenient transaction of 
the business of the Government of India, and for the allocation among 
Ministers of the said business. 
2(4)      *               *               *                      * 
1. See notification No. S.O. 2297, dated the 3rd November, 1958, Gazette of India, 
Extraordinary, Pt. II, Sec. 3 (ii),   p. 1315, as amended from time to time. 
2. Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s.14    
(w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment)          
Act, 1978, s. 12 (w.e.f. 20-6-1979).  

(Part V.—The Union) 36
78. Duties of Prime Minister as respects the furnishing of information 
to the President, etc .—It shall be the duty of the Prime Minister— 
(a) to communicate to the President all decisions of the Council of 
Ministers relating to the administration of the affairs of the Union and 
proposals for legislation; 
(b) to furnish such information relating to the administration of the 
affairs of the Union and proposals for legislation as the President may 
call for; and 
(c) if the President so requires, to submit for the consideration of the 
Council of Ministers any matter on which a decision has been taken by a 
Minister but which has not been considered by the Council. 
CHAPTER II.—PARLIAMENT  
General 
 79. Constitution of Parliament. —There shall be a Parliament for the 
Union which shall consist of the President and two Houses to be known 
respectively as the Council of States and the House of the People. 
80. Composition of the Council of States. —(1) 1[2*** The Council of 
States] shall consist of— 
(a) twelve members to be nominated by the President in accordance 
with the provisions of clause (3); and 
(b) not more than two hundred and thirty-eight representatives of 
the States 3[and of the Union territories]. 
(2) The allocation of seats in the Council of States to be filled by 
representatives of the States 3[and of the Union territories] shall be in 
accordance with the provisions in that behalf contained in the Fourth Schedule. 
(3) The members to be nominated by the President under sub-clause ( a) 
of clause (1) shall consist of persons having special knowledge or practical 
experience in respect of such matters as the following, namely:— 
Literature, science, art and social service. 
1. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for "The Council 
of States" (w.e.f. 1-3-1975). 
2. The words "Subject to the provisions of paragraph 4 of the Tenth Schedule," omitted 
by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 
3. Added by the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956). 

(Part V.—The Union) 37
(4) The representatives of each State 1*** in the Council of States shall 
be elected by the elected members of the Legislative Assembly of the State in 
accordance with the system of proportional representation by means of the 
single transferable vote. 
(5) The representatives of the 2[Union territories] in the Council of States 
shall be chosen in such manner as Parliament may by law prescribe. 
3[81. Composition of the House of the People .—(1) 4[Subject to the 
provisions of article 331 5***], the House of the People shall consist of— 
(a) not more than 6[five hundred and thirty members] chosen by 
direct election from territorial constituencies in the States, and 
(b) not more than 7[twenty members] to represent the Union 
territories, chosen in such manner as Parliament may by law provide. 
 (2) For the purposes of sub-clause ( a) of clause (1),— 
(a) there shall be allotted to each State a number of seats in the House of 
the People in such manner that the ratio between that number and the 
population of the State is, so far as practicable, the same for all States; and 
(b) each State shall be divided into territorial constituencies in such 
manner that the ratio between the population of each constituency and the 
number of seats allotted to it is, so far as practicable, the same throughout the 
State: 
8[Provided that the provisions of sub-clause ( a) of this clause shall not be 
applicable for the purpose of allotment of seats in the House of the People to  any 
State so long as the population of that State does not exceed six millions.] 
(3) In this article, the expression “population” means the population as 
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by 
the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956). 
2. Subs. by s. 3, ibid, for "States specified in Part C of First Schedule" (w.e.f. 1-11-1956). 
3. Subs. by s. 4, ibid. for arts. 81 and 82 (w.e.f. 1-11-1956). 
4. Subs. by  the Constitution (Thirty-fifth Amendment) Act, 1974, s. 4, for "subject to the 
provisions of article 331" (w.e.f. 1-3-1975). 
5. The words and figure "and paragraph 4 of the Tenth Schedule" omitted by the 
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 
6. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for 
"five hundred and twenty-five members" (w.e.f. 30-5-1987).  
7. Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for "twenty-five 
members" (w.e.f. 17-10-1973). 
8. Ins. by s. 2, ibid. (w.e.f. 17-10-1973). 

(Part V.—The Union) 38
ascertained at the last preceding census of which the relevant figures have been 
published. 
1[Provided that the reference in this clause to the last preceding census of 
which the relevant figures have been published shall, until the relevant figures for 
the first census taken after the year 2[2026] have been published, 3[be 
construed,— 
(i) for the purposes of sub-clause ( a) of clause (2) and the proviso to 
that clause, as a reference to the 1971 census; and 
(ii) for the purposes of sub-clause ( b) of clause (2) as a reference to 
the 4[2001] census.]] 
  82. Readjustment after each census .—Upon the completion of each 
census, the allocation of seats in the House of the People to the States and the 
division of each State into territorial constituencies shall be readjusted by such 
authority and in such manner as Parliament may by law determine: 
Provided that such readjustment shall not affect representation in the 
House of the People until the dissolution of the then existing House: 
5[Provided further that such readjustment shall take effect from such date 
as the President may, by order, specify and until such readjustment takes effect, 
any election to the House may be held on the basis of the territorial 
constituencies existing before such readjustment: 
Provided also that until the relevant figures for the first census taken 
after the year 6[2026] have been published, it shall not be necessary to 
7[readjust— 
(i) the allocation of seats in the House of the People to the States as 
1. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 15 (w.e.f. 3-1-1977).  
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for "2000" 
3.  Subs. by s.3,  ibid, for certain words  (w.e.f. 21-2-2002). 
4. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for "1991" 
(w.e.f. 22-6-2003). 
5. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 16 (w.e.f. 3-1-1977).  
6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for "2000" 
7. Subs. by s.4,  ibid., for certain words (w.e.f. 21-2-2002).  

(Part V.—The Union) 39
readjusted on the basis of the 1971 census; and  
(ii) the division of each State into territorial constituencies as may be 
readjusted on the basis of the 1[2001] census, 
under this article.]] 
83. Duration of Houses of Parliament .—(1) The Council of States 
shall not be subject to dissolution, but as nearly as possible one-third of the 
members thereof shall retire as soon as may be on the expiration of every 
second year in accordance with the provisions made in that behalf by 
Parliament by law. 
(2) The House of the People, unless sooner dissolved, shall continue for 
2[five years] from the date appointed for its first meeting and no longer and the 
expiration of the said period of  2[five years] shall operate as a dissolution of 
the House: 
Provided that the said period may, while a Proclamation of Emergency is 
in operation, be extended by Parliament by law for a period not exceeding one 
year at a time and not extending in any case beyond a period of six months after 
the Proclamation has ceased to operate. 
84. Qualification for membership of Parliament .—A person shall not 
be qualified to be chosen to fill a seat in Parliament unless he— 
3[(a) is a citizen of India, and makes and subscribes before some 
person authorised in that behalf by the Election Commission an oath or 
affirmation according to the form set out for the purpose in the Third 
Schedule;] 
(b) is, in the case of a seat in the Council of States, not less than thirty 
years of age and, in the case of a seat in the House of the People, not less 
than twenty-five years of age; and 
(c) possesses such other qualifications as may be prescribed in that 
behalf by or under any law made by Parliament. 
1. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 3, for "1991" 
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 17, for "five years"  
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 
1978, s. 13, for "six years" (w.e.f. 20-6-1979).  
3. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl.( a)              
(w.e.f. 5-10-1963).  

(Part V.—The Union) 40
1[85. Sessions of Parliament, prorogation and dissolution .—(1) The 
President shall from time to time summon each House of Parliament to meet at 
such time and place as he thinks fit, but six months shall not intervene between 
its last sitting in one session and the date appointed for its first sitting in the 
next session. 
(2) The President may from time to time— 
(a) prorogue the Houses or either House; 
(b) dissolve the House of the People.] 
86. Right of President to address and send messages to Houses .—(1) 
The President may address either House of Parliament or both Houses 
assembled together, and for that purpose require the attendance of members. 
(2) The President may send messages to either House of Parliament, 
whether with respect to a Bill then pending in Parliament or otherwise, and a 
House to which any message is so sent shall with all convenient despatch 
consider any matter required by the message to be taken into consideration. 
87. Special address by the President. —(1) At the commencement of 
2[the first session after each general election to the House of the People and at 
the commencement of the first session of each year] the President shall address 
both Houses of Parliament assembled together and inform Parliament of the 
causes of its summons. 
(2) Provision shall be made by the rules regulating the procedure of 
either House for the allotment of time for discussion of the matters referred to 
in such address 3***. 
88. Rights of Ministers and Attorney-General as respects Houses. —
Every Minister and the Attorney-General of India shall have the right to speak 
in, and otherwise to take part in the proceedings of, either House, any joint 
sitting of the Houses, and any committee of Parliament of which he may be 
named a member, but shall not by virtue of this article be entitled to vote. 
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85                  
2. Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for "every session" 
3. The words "and for the precedence of such discussion over other business of the House" 
omitted by s. 7, ibid. (w.e.f. 18-6-1951). 

(Part V.—The Union) 41
Officers of Parliament 
89. The Chairman and Deputy Chairman of the Council of States .—(1) 
The Vice- President of India shall be ex officio Chairman of the Council of States. 
(2) The Council of States shall, as soon as may be, choose a member of 
the Council to be Deputy Chairman thereof and, so often as the office of 
Deputy Chairman becomes vacant, the Council shall choose another member to 
be Deputy Chairman thereof. 
Deputy Chairman. —A member holding office as Deputy Chairman of the 
Council of States— 
(a)  shall vacate his office if he ceases to be a member of the Council; 
(b) may at any time, by writing under his hand addressed to the 
Chairman, resign his office; and 
(c) may be removed from his office by a resolution of the Council 
passed by a majority of all the then members of the Council: 
Provided that no resolution for the purpose of clause (c) shall be moved 
unless at least fourteen days’ notice has been given of the intention to move the 
resolution. 
duties of the office of, or to act as, Chairman. —(1) While the office of 
Chairman is vacant, or during any period when the Vice-President is acting as, 
or discharging the functions of, President, the duties of the office shall be 
performed by the Deputy Chairman, or, if the office of Deputy Chairman is 
also vacant, by such member of the Council of States as the President may 
appoint for the purpose. 
(2) During the absence of the Chairman from any sitting of the Council of 
States the Deputy Chairman, or, if he is also absent, such person as may be 
determined by the rules of procedure of the Council, or, if no such person is present, 
such other person as may be determined by the Council, shall act as Chairman. 
92.  The Chairman or the Deputy Chairman not to preside while a 
resolution for his removal from office is under consideration .—(1) At any 
sitting of the Council of States, while any resolution for the removal of the 
Vice-President from his office is under consideration, the Chairman, or while 
any resolution for the removal of the Deputy Chairman from his office is under 
consideration, the Deputy Chairman, shall not, though he is present, preside, 
and the provisions of clause (2) of article 91 shall apply in relation to every 
such sitting as they apply in relation to a sitting from which the Chairman, or, 
as the case may be, the Deputy Chairman, is absent. 

(Part V.—The Union) 42
(2) The Chairman shall have the right to speak in, and otherwise to take 
part in the proceedings of, the Council of States while any resolution for the 
removal of the Vice-President from his office is under consideration in the 
Council, but, notwithstanding anything in article 100, shall not be entitled to 
vote at all on such resolution or on any other matter during such proceedings. 
93. The Speaker and Deputy Speaker of the House of the People. —
The House of the People shall, as soon as may be, choose two members of the 
House to be respectively Speaker and Deputy Speaker thereof and, so often as 
the office of Speaker or Deputy Speaker becomes vacant, the House shall 
choose another member to be Speaker or Deputy Speaker, as the case may be. 
Speaker and Deputy Speaker. — A member holding office as Speaker or 
Deputy Speaker of the House of the People— 
(a) shall vacate his office if he ceases to be a member of the House of 
the People; 
(b) may at any time, by writing under his hand addressed, if such 
member is the Speaker, to the Deputy Speaker, and if such member is 
the Deputy Speaker, to the Speaker, resign his office; and 
(c) may be removed from his office by a resolution of the House of 
the People passed by a majority of all the then members of the House: 
Provided that no resolution for the purpose of clause ( c) shall be moved 
resolution: 
Provided further that, whenever the House of the People is dissolved, the 
Speaker shall not vacate his office until immediately before the first meeting of 
the House of the People after the dissolution. 
duties of the office of, or to act as, Speaker .—(1) While the office of Speaker 
is vacant, the duties of the office shall be performed by the Deputy Speaker or, 
if the office of Deputy Speaker is also vacant, by such member of the House of 
the People as the President may appoint for the purpose. 
 (2) During the absence of the Speaker from any sitting of the House of the 
People the Deputy Speaker or, if he is also absent, such person as may be determined 
by the rules of procedure of the House, or, if no such person is present, such other 
person as may be determined by the House, shall act as Speaker. 

(Part V.—The Union) 43
resolution for his removal from office is under consideration. —(1) At any 
sitting of the House of the People, while any resolution for the removal of the 
Speaker from his office is under consideration, the Speaker, or while any 
resolution for the removal of the Deputy Speaker from his office is under 
consideration, the Deputy Speaker, shall not, though he is present, preside, and 
the provisions of clause (2) of article 95 shall apply in relation to every such 
sitting as they apply in relation to a sitting from which the Speaker, or, as the 
case may be, the Deputy Speaker, is absent.  
(2) The Speaker shall have the right to speak in, and otherwise to take 
part in the proceedings of, the House of the People while any resolution for his 
removal from office is under consideration in the House and shall, 
notwithstanding anything in article 100, be entitled to vote only in the first 
instance on such resolution or on any other matter during such proceedings but 
not in the case of an equality of votes. 
and the Speaker and Deputy Speaker. —There shall be paid to the Chairman 
and the Deputy Chairman of the Council of States, and to the Speaker and the 
Deputy Speaker of the House of the People, such salaries and allowances as may 
be respectively fixed by Parliament by law and, until provision in that behalf is so 
made, such salaries and allowances as are specified in the Second Schedule. 
98. Secretariat of Parliament. —(1) Each House of Parliament shall 
have a separate secretarial staff: 
Provided that nothing in this clause shall be construed as preventing the 
creation of posts common to both Houses of Parliament. 
(2) Parliament may by law regulate the recruitment, and the conditions 
of service of persons appointed, to the secretarial staff of either House of 
(3) Until provision is made by Parliament under clause (2), the President 
may, after consultation with the Speaker of the House of the People or the 
Chairman of the Council of States, as the case may be, make rules regulating 
the recruitment, and the conditions of service of persons appointed, to the 
secretarial staff of the House of the People or the Council of States, and any 
rules so made shall have effect subject to the provisions of any law made under 
the said clause. 

(Part V.—The Union) 44
Conduct of Business 
99. Oath or affirmation by members. —Every member of either House 
of Parliament shall, before taking his seat, make and subscribe before the 
affirmation according to the form set out for the purpose in the Third Schedule. 
vacancies and quorum. —(1) Save as otherwise provided in this Constitution, 
all questions at any sitting of either House or joint sitting of the Houses shall be 
determined by a majority of votes of the members present and voting, other 
than the Speaker or person acting as Chairman or Speaker. 
The Chairman or Speaker, or person acting as such, shall not vote in the 
first instance, but shall have and exercise a casting vote in the case of an 
equality of votes. 
(2) Either House of Parliament shall have power to act notwithstanding 
any vacancy in the membership thereof, and any proceedings in Parliament shall 
be valid notwithstanding that it is discovered subsequently that some person who 
was not entitled so to do sat or voted or otherwise took part in the proceedings. 
1[(3) Until Parliament by law otherwise provides, the quorum to 
constitute a meeting of either House of Parliament shall be one-tenth of the 
total number of members of the House. 
(4) If at any time during a meeting of a House there is no quorum, it shall 
be the duty of the Chairman or Speaker, or person acting as such, either to 
adjourn the House or to suspend the meeting until there is a quorum.] 
Disqualifications of Members 
101. Vacation of seats. — (1) No person shall be a member of both 
Houses of Parliament and provision shall be made by Parliament by law for the 
vacation by a person who is chosen a member of both Houses of his seat in one 
House or the other. 
1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1973, s. 18 (date not 
notified). This amendment was omitted by the  Constitution (Forty-fourth Amendment) Act, 1978, 
s. 45 (w.e.f. 20-6-1979). 

(Part V.—The Union) 45
(2) No person shall be a member both of Parliament and of a House of 
the Legislature of a State 1***, and if a person is chosen a member both of 
Parliament and of a House of the Legislature of 2[a State], then, at the 
expiration of such period as may be specified in rules made by the President, 
that person’s seat in Parliament shall become vacant, unless he has previously 
resigned his seat in the Legislature of the State. 
(3) If a member of either House of Parliament— 
(a) becomes subject to any of the disqualifications mentioned in 
3[clause (1) or clause (2) of article 102], or 
4[(b) resigns his seat by writing under his hand addressed to the 
Chairman or the Speaker, as the case may be, and his resignation is 
accepted by the Chairman or the Speaker, as the case may be,] 
his seat shall thereupon become vacant: 
5[Provided that in the case of any resignation referred to in sub-clause 
(b), if from information received or otherwise and after making such inquiry as 
he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that 
such resignation is not voluntary or genuine, he shall not accept such 
resignation.] 
(4) If for a period of sixty days a member of either House of Parliament 
is without permission of the House absent from all meetings thereof, the House 
may declare his seat vacant: 
Provided that in computing the said period of sixty days no account shall 
be taken of any period during which the House is prorogued or is adjourned for 
more than four consecutive days. 
2. Subs. by s. 29 and Sch., ibid., for "such a State" (w.e.f. 1-11-1956). 
 See the Prohibition of Simultaneous Membership Rules, 1950, published with the 
Ministry of Law, notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of 
India, Extraordinary, P. 678. 
3. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for "clause (1) of 
article 102" (w.e.f. 1-3-1985). 
4. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974). 
5. Ins. by s.2, ibid. (w.e.f. 19-5-1974). 

(Part V.—The Union) 46
102. Disqualifications for membership .—(1) A person shall be 
disqualified for being chosen as, and for being, a member of either House of 
Parliament— 
1[(a)  if he holds any office of profit under the Government of India 
or the Government of any State, other than an office declared by 
Parliament by law not to disqualify its holder;] 
(b) if he is of unsound mind and stands so declared by a competent 
court; 
(c) if he is an undischarged insolvent; 
(d) if he is not a citizen of India, or has voluntarily acquired the 
citizenship of a foreign State, or is under any acknowledgment of 
allegiance or adherence to a foreign State; 
(e) if he is so disqualified by or under any law made by Parliament. 
2[Explanation.— For the purposes of this clause] a person shall not be 
deemed to hold an office of profit under the Government of India or the 
Government of any State by reason only that he is a Minister either for the 
Union or for such State. 
3[(2) A person shall be disqualified for being a member of either House 
of Parliament if he is so disqualified under the Tenth Schedule.] 
4[103. Decision on questions as to disqualifications of members .—
(1) If any question arises as to whether a member of either House of Parliament 
has become subject to any of the disqualifications mentioned in clause (1) of 
article 102, the question shall be referred for the decision of the President and 
his decision shall be final. 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as "(a) if 
he holds any such office of profit under the Government of India or the Government of 
any State as is declared by Parliament by law to disqualify its holder" (date not 
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) 
Act, 1978, s. 45 (w.e.f. 20-6-1979). 
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for "(2) For the 
purposes of this article" (w.e.f. 1-3-1985). 
3.  Ins. by s. 3, ibid. (w.e.f. 1-3-1985).  
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103 
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)     
Act, 1978, s. 14, for art. 103 (w.e.f. 20-6-1979). 

(Part V.—The Union) 47
(2) Before giving any decision on any such question, the President shall 
obtain the opinion of the Election Commission and shall act according to such 
opinion.] 
under article 99 or when not qualified or when disqualified .—If a person 
sits or votes as a member of either House of Parliament before he has complied 
with the requirements of article 99, or when he knows that he is not qualified or 
that he is disqualified for membership thereof, or that he is prohibited from so 
doing by the provisions of any law made by Parliament, he shall be liable in 
respect of each day on which he so sits or votes to a penalty of five hundred 
rupees to be recovered as a debt due to the Union. 
Powers, Privileges and Immunities of Parliament and its Members 
members and committees thereof. —(1) Subject to the provisions of this 
Constitution and to the rules and standing orders regulating the procedure of 
Parliament, there shall be freedom of speech in Parliament. 
(2) No member of Parliament shall be liable to any proceedings in any court in 
respect of anything said or any vote given by him in Parliament or any committee 
thereof, and no person shall be so liable in respect of the publication by or under the 
authority of either House of Parliament of any report, paper, votes or proceedings. 
1[(3) In other respects, the powers, privileges and immunities of each 
House of Parliament, and of the members and the committees of each House, 
shall be such as may from time to time be defined by Parliament by law, and, 
until so defined, 2[shall be those of that House and of its members and 
committees immediately before the coming into force of section 15 of the 
Constitution (Forty-fourth Amendment) Act, 1978.]]. 
1. Subs. by the  Constitution (Forty-second Amendment) Act, 1976, s. 21 (date not 
Act, 1978, s. 45 (w.e.f. 20-6-1979).  
2. Subs. by the  Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain 
words (w.e.f. 20-6-1979). 

(Part V.—The Union) 48
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to 
persons who by virtue of this Constitution have the right to speak in, and 
otherwise to take part in the proceedings of, a House of Parliament or any 
committee thereof as they apply in relation to members of Parliament. 
106. Salaries and allowances of members. —Members of either House 
of Parliament shall be entitled to receive such salaries and allowances as may 
from time to time be determined by Parliament by law and, until provision in 
that respect is so made, allowances at such rates and upon such conditions as 
were immediately before the commencement of this Constitution applicable in 
the case of members of the Constituent Assembly of the Dominion of India. 
Legislative Procedure 
107. Provisions as to introduction and passing of Bills. —(1) Subject 
to the provisions of articles 109 and 117 with respect to Money Bills and other 
financial Bills, a Bill may originate in either House of Parliament. 
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be 
deemed to have been passed by the Houses of Parliament unless it has been 
agreed to by both Houses, either without amendment or with such amendments 
only as are agreed to by both Houses. 
(3) A Bill pending in Parliament shall not lapse by reason of the 
prorogation of the Houses. 
(4) A Bill pending in the Council of States which has not been passed by 
the House of the People shall not lapse on a dissolution of the House of the 
People. 
(5) A Bill which is pending in the House of the People, or which having 
been passed by the House of the People is pending in the Council of States, 
shall, subject to the provisions of article 108, lapse on a dissolution of the 
House of the People. 
108. Joint sitting of both Houses in certain cases. —(1) If after a Bill 
has been passed by one House and transmitted to the other House— 
(a) the Bill is rejected by the other House; or 
(b) the Houses have finally disagreed as to the amendments to be 
made in the Bill; or 
(c) more than six months elapse from the date of the reception of the 
Bill by the other House without the Bill being passed by it, 

(Part V.—The Union) 49
the President may, unless the Bill has elapsed by reason of a dissolution of the 
House of the People, notify to the Houses by message if they are sitting or by 
public notification if they are not sitting, his intention to summon them to meet 
in a joint sitting for the purpose of deliberating and voting on the Bill: 
Provided that nothing in this clause shall apply to a Money Bill. 
(2) In reckoning any such period of six months as is referred to in clause 
(1), no account shall be taken of any period during which the House referred to 
in sub-clause ( c) of that clause is prorogued or adjourned for more than four 
consecutive days. 
(3) Where the President has under clause (1) notified his intention of 
summoning the Houses to meet in a joint sitting, neither House shall proceed 
further with the Bill, but the President may at any time after the date of his 
notification summon the Houses to meet in a joint sitting for the purpose specified 
in the notification and, if he does so, the Houses shall meet accordingly. 
(4) If at the joint sitting of the two Houses the Bill, with such amendments, 
if any, as are agreed to in joint sitting, is passed by a majority of the total number 
of members of both Houses present and voting, it shall be deemed for the 
purposes of this Constitution to have been passed by both Houses: 
Provided that at a joint sitting— 
(a) if the Bill, having been passed by one House, has not been passed 
by the other House with amendments and returned to the House in which 
it originated, no amendment shall be proposed to the Bill other than such 
amendments (if any) as are made necessary by the delay in the passage 
of the Bill; 
(b) if the Bill has been so passed and returned, only such amendments as 
aforesaid shall be proposed to the Bill and such other amendments as are 
relevant to the matters with respect to which the Houses  have not agreed; 
and the decision of the person presiding as to the amendments which are admissible 
under this clause shall be final. 
(5) A joint sitting may be held under this article and a Bill passed 
thereat, notwithstanding that a dissolution of the House of the People has 
intervened since the President notified his intention to summon the Houses to 
meet therein. 
109. Special procedure in respect of Money Bills .—(1) A Money Bill 
shall not be introduced in the Council of States. 

(Part V.—The Union) 50
(2) After a Money Bill has been passed by the House of the People it 
shall be transmitted to the Council of States for its recommendations and the 
Council of States shall within a period of fourteen days from the date of its 
receipt of the Bill return the Bill to the House of the People with its 
recommendations and the House of the People may thereupon either accept or 
reject all or any of the recommendations of the Council of States. 
(3) If the House of the People accepts any of the recommendations of the 
Council of States, the Money Bill shall be deemed to have been passed by both 
Houses with the amendments recommended by the Council of States and 
accepted by the House of the People. 
(4) If the House of the People does not accept any of the 
recommendations of the Council of States, the Money Bill shall be deemed to 
have been passed by both Houses in the form in which it was passed by the 
House of the People without any of the amendments recommended by the 
Council of States. 
(5) If a Money Bill passed by the House of the People and transmitted to 
the Council of States for its recommendations is not returned to the House of 
the People within the said period of fourteen days, it shall be deemed to have 
been passed by both Houses at the expiration of the said period in the form in 
which it was passed by the House of the People. 
110. Definition of “Money Bills” .—(1) For the purposes of this 
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions 
dealing with all or any of the following matters, namely:— 
(a) the imposition, abolition, remission, alteration or regulation of any 
tax; 
(b) the regulation of the borrowing of money or the giving of any 
guarantee by the Government of India, or the amendment of the law with 
respect to any financial obligations undertaken or to be undertaken by 
the Government of India; 
(c) the custody of the Consolidated Fund or the Contingency Fund of 
India, the payment of moneys into or the withdrawal of moneys from any 
such Fund; 
(d) the appropriation of moneys out of the Consolidated Fund of India; 
(e) the declaring of any expenditure to be expenditure charged on the 
Consolidated Fund of India or the increasing of the amount of any such 
expenditure; 

(Part V.—The Union) 51
(f) the receipt of money on account of the Consolidated Fund of India 
or the public account of India or the custody or issue of such money or 
the audit of the accounts of the Union or of a State; or 
(g) any matter incidental to any of the matters specified in sub-
clauses (a) to (f). 
(2) A Bill shall not be deemed to be a Money Bill by reason only that it 
provides for the imposition of fines or other pecuniary penalties, or for the 
demand or payment of fees for licences or fees for services rendered, or by 
reason that it provides for the imposition, abolition, remission, alteration or 
regulation of any tax by any local authority or body for local purposes. 
(3) If any question arises whether a Bill is a Money Bill or not, the 
decision of the Speaker of the House of the People thereon shall be final. 
(4) There shall be endorsed on every Money Bill when it is transmitted 
to the Council of States under article 109, and when it is presented to the 
President for assent under article 111, the certificate of the Speaker of the 
House of the People signed by him that it is a Money Bill. 
111. Assent to Bills .—When a Bill has been passed by the Houses of 
Parliament, it shall be presented to the President, and the President shall declare 
either that he assents to the Bill, or that he withholds assent therefrom: 
Provided that the President may, as soon as possible after the 
presentation to him of a Bill for assent, return the Bill if it is not a Money Bill 
to the Houses with a message requesting that they will reconsider the Bill or 
any specified provisions thereof and, in particular, will consider the desirability 
of introducing any such amendments as he may recommend in his message, 
and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, 
and if the Bill is passed again by the Houses with or without amendment and 
presented to the President for assent, the President shall not withhold assent 
therefrom. 
Procedure in Financial Matters 
112. Annual financial statement .—(1) The President shall in respect of 
every financial year cause to be laid before both the Houses of Parliament a 
statement of the estimated receipts and expenditure of the Government of India 
for that year, in this Part referred to as the "annual financial statement''. 
(2) The estimates of expenditure embodied in the annual financial 
statement shall show separately— 

(Part V.—The Union) 52
(a) the sums required to meet expenditure described by this 
Constitution as expenditure charged upon the Consolidated Fund of 
India; and 
(b) the sums required to meet other expenditure proposed to be 
made from the Consolidated Fund of India, 
and shall distinguish expenditure on revenue account from other expenditure. 
(3) The following expenditure shall be expenditure charged on the 
Consolidated Fund of  India— 
(a) the emoluments and allowances of the President and other 
expenditure relating to his office; 
(b) the salaries and allowances of the Chairman and the Deputy 
Chairman of the Council of States and the Speaker and the Deputy 
Speaker of the House of the People; 
(c) debt charges for which the Government of India is liable 
including interest, sinking fund charges and redemption charges, and 
other expenditure relating to the raising of loans and the service and 
redemption of debt; 
(d) (i) the salaries, allowances and pensions payable to or in 
respect of Judges of the Supreme Court; 
(ii) the pensions payable to or in respect of Judges of the Federal 
Court; 
(iii) the pensions payable to or in respect of Judges of any High 
Court which exercises jurisdiction in relation to any area included in the 
territory of India or which at any time before the commencement of this 
Constitution exercised jurisdiction in relation to any area included in    
1[a Governor's Province of the Dominion of India]; 
(e) the salary, allowances and pension payable to or in respect of 
the Comptroller and Auditor-General of India; 
(f) any sums required to satisfy any judgment, decree or award of 
any court or arbitral tribunal; 
(g) any other expenditure declared by this Constitution or by 
Parliament by law to be so charged. 
113. Procedure in Parliament with respect to estimates. —(1) So 
much of the estimates as relates to expenditure charged upon the Consolidated 
Fund of India shall not be submitted to the vote of Parliament, but nothing in 
this clause shall be construed as preventing the discussion in either House of 
Parliament of any of those estimates. 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for             
"a Province corresponding to a State specified in Part A of the First Schedule"        

(Part V.—The Union) 53
(2) So much of the said estimates as relates to other expenditure shall be 
submitted in the form of demands for grants to the House of the People, and the 
House of the People shall have power to assent, or to refuse to assent, to any 
demand, or to assent to any demand subject to a reduction of the amount 
specified therein. 
(3) No demand for a grant shall be made except on the recommendation 
of the President. 
114. Appropriation Bills. —(1) As soon as may be after the grants under 
article 113 have been made by the House of the People, there shall be 
introduced a Bill to provide for the appropriation out of the Consolidated Fund 
of India of all moneys required to meet— 
(a) the grants so made by the House of the People; and 
(b) the expenditure charged on the Consolidated Fund of India but 
not exceeding in any case the amount shown in the statement previously 
laid before Parliament. 
(2) No amendment shall be proposed to any such Bill in either House of 
Parliament which will have the effect of varying the amount or altering the 
destination of any grant so made or of varying the amount of any expenditure 
charged on the Consolidated Fund of India, and the decision of the person 
presiding as to whether an amendment is inadmissible under this clause shall be 
final. 
(3) Subject to the provisions of articles 115 and 116, no money shall be 
withdrawn from the Consolidated Fund of India except under appropriation 
made by law passed in accordance with the provisions of this article. 
115. Supplementary, additional or excess grants .—(1) The President 
shall— 
  (a) if the amount authorised by any law made in accordance with the 
provisions of article 114 to be expended for a particular service for the 
current financial year is found to be insufficient for the purposes of that 
year or when a need has arisen during the current financial year for 
supplementary or additional expenditure upon some new service not 
contemplated in the annual financial statement for that year, or 
  (b) if any money has been spent on any service during a financial 
year in excess of the amount granted for that service and for that year, 
cause to be laid before both the Houses of Parliament another statement 
showing the estimated amount of that expenditure or cause to be presented to 
the House of the People a demand for such excess, as the case  may be. 

(Part V.—The Union) 54
(2) The provisions of articles 112, 113 and 114 shall have effect in 
relation to any such statement and expenditure or demand and also to any law 
to be made authorising the appropriation of moneys out of the Consolidated 
Fund of India to meet such expenditure or the grant in respect of such demand 
as they have effect in relation to the annual financial statement and the 
expenditure mentioned therein or to a demand for a grant and the law to be 
made for the authorisation of appropriation of moneys out of the Consolidated 
Fund of India to meet such expenditure or grant. 
116. Votes on account, votes of credit and exceptional           
grants.—(1) Notwithstanding anything in the foregoing provisions of this 
Chapter, the House of the People shall have power— 
(a) to make any grant in advance in respect of the estimated 
expenditure for a part of any financial year pending the completion of 
the procedure prescribed in article 113 for the voting of such grant and 
the passing of the law in accordance with the provisions of article 114 in 
relation to that expenditure; 
(b) to make a grant for meeting an unexpected demand upon the 
resources of India when on account of the magnitude or the indefinite 
character of the service the demand cannot be stated with the details 
ordinarily given in an annual financial statement; 
(c) to make an exceptional grant which forms no part of the current 
service of any financial year, 
and Parliament shall have power to authorise by law the withdrawal of moneys from 
the Consolidated Fund of India for the purposes for which the said grants are made. 
(2) The provisions of articles 113 and 114 shall have effect in relation to 
the making of any grant under clause (1) and to any law to be made under that 
clause as they have effect in relation to the making of a grant with regard to any 
expenditure mentioned in the annual financial statement and the law to be made 
for the authorisation of appropriation of moneys out of the Consolidated Fund 
of India to meet such expenditure. 
117. Special provisions as to financial Bills .—(1) A Bill or amendment 
making provision for any of the matters specified in sub-clauses ( a) to (f) of 
clause (1) of article 110 shall not be introduced or moved except on the 
recommendation of the President and a Bill making such provision shall not be 
introduced in the Council of States: 
Provided that no recommendation shall be required under this clause for 
the moving of an amendment making provision for the reduction or abolition of 
any tax. 

(Part V.—The Union) 55
(2) A Bill or amendment shall not be deemed to make provision for any 
of the matters aforesaid by reason only that it provides for the imposition of 
fines or other pecuniary penalties, or for the demand or payment of fees for 
licences or fees for services rendered, or by reason that it provides for the 
imposition, abolition, remission, alteration or regulation of any tax by any local 
authority or body for local purposes. 
(3) A Bill which, if enacted and brought into operation, would involve 
expenditure from the Consolidated Fund of India shall not be passed by either 
House of Parliament unless the President has recommended to that House the 
consideration of the Bill. 
Procedure Generally 
118. Rules of procedure. —(1) Each House of Parliament may make 
rules for regulating, subject to the provisions of this Constitution, its procedure 
and the conduct of its business. 
(2) Until rules are made under clause (1), the rules of procedure and 
standing orders in force immediately before the commencement of this 
Constitution with respect to the Legislature of the Dominion of India shall have 
effect in relation to Parliament subject to such modifications and adaptations as 
may be made therein by the Chairman of the Council of States or the Speaker 
of the House of the People, as the case may be. 
(3) The President, after consultation with the Chairman of the Council of 
States and the Speaker of the House of the People, may make rules as to the 
procedure with respect to joint sittings of, and communications between, the 
two Houses. 
(4) At a joint sitting of the two Houses the Speaker of the House of the 
People, or in his absence such person as may be determined by rules of 
procedure made under clause (3), shall preside. 
financial business. — Parliament may, for the purpose of the timely completion 
of financial business, regulate by law the procedure of, and the conduct of 
business in, each House of Parliament in relation to any financial matter or to 
any Bill for the appropriation of moneys out of the Consolidated Fund of India, 
and, if and so far as any provision of any law so made is inconsistent with any 
rule made by a House of Parliament under clause (1) of article 118 or with any 
rule or standing order having effect in relation to Parliament under clause (2) of 
that article, such provision shall prevail. 
 The brackets and words "(including the quorum to constitute a meeting of the House" 
ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 22 (date not notified). 
This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 
1978, s. 45 (w.e.f. 20-6-1979).  

(Part V.—The Union) 56
120. Language to be used in Parliament. —(1) Notwithstanding 
anything in  Part XVII, but subject to the provisions of article 348, business in 
Parliament shall be transacted in Hindi or in English: 
Provided that the Chairman of the Council of States or Speaker of the 
House of the People, or person acting as such, as the case may be, may permit 
any member who cannot adequately express himself in Hindi or in English to 
address the House in his mother-tongue. 
(2) Unless Parliament by law otherwise provides, this article shall, after 
the expiration of a period of fifteen years from the commencement of this 
Constitution, have effect as if the words “or in English” were omitted 
121. Restriction on discussion in Parliament .—No discussion shall 
take place in Parliament with respect to the conduct of any Judge of the 
Supreme Court or of a High Court in the discharge of his duties except upon a 
motion for presenting an address to the President praying for the removal of the 
Judge as hereinafter provided. 
122. Courts not to inquire into proceedings of Parliament. —(1) The 
validity of any proceedings in Parliament shall not be called in question on the 
ground of any alleged irregularity of procedure. 
(2) No officer or member of Parliament in whom powers are vested by 
or under this Constitution for regulating procedure or the conduct of business, 
or for maintaining order, in Parliament shall be subject to the jurisdiction of any 
court in respect of the exercise by him of those powers. 
CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT  
123. Power of President to promulgate Ordinances during recess of 
Parliament. —(1) If at any time, except when both Houses of Parliament are in 
session, the President is satisfied that circumstances exist which render it 
necessary for him to take immediate action, he may promulgate such 
Ordinances as the circumstances appear to him to require. 
(2) An Ordinance promulgated under this article shall have the same 
force and effect as an Act of Parliament, but every such Ordinance— 
(a) shall be laid before both Houses of Parliament and shall cease to operate at 
the expiration of six weeks from the reassembly of Parliament, or, if before the 
expiration of that period resolutions disapproving it are passed by both Houses, 
upon the passing of the second of those resolutions; and 
(b) may be withdrawn at any time by the President. 

(Part V.—The Union) 57
Explanation. —Where the Houses of Parliament are summoned to reassemble on 
different dates, the period of six weeks shall be reckoned from the later of those dates for 
the purposes of this clause. 
(3) If and so far as an Ordinance under this article makes any provision which 
Parliament would not under this Constitution be competent to enact, it shall be void. 
1(4)*                       *                        *                      *                *                  
CHAPTER IV.—THE UNION JUDICIARY  
124. Establishment and constitution of Supreme Court .—(1) There shall be a 
Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law 
prescribes a larger number, of not more than [seven] other Judges. 
(2) Every Judge of the Supreme Court shall be appointed by the President by 
warrant under his hand and seal 2[on the recommendation of the National Judicial 
Appointments Commission referred to in article 124A] and shall hold office until he 
attains the age of sixty-five years: 
3[*      *                *           *                  *] 
4[Provided that]—               
(a) a Judge may, by writing under his hand addressed to the President, 
resign his office; 
(b) a Judge may be removed from his office in the manner provided 
in clause (4). 
 
5[(2A) The age of a Judge of the Supreme Court shall be determined by 
such authority and in such manner as Parliament may by law provide.] 
(3) A person shall not be qualified for appointment as a Judge of the 
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and 
omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).   
 Now “thirty-three” vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of  2019), 
s. 2  (w.e.f. 9-8-2019). 
2.  Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for "after consultation with 
such of the Judges of the Supreme Court and of the High Court in the States as the President may 
deem necessary for the purpose" (w.e.f. 13-4-2015). This amendment has been struck down by the 
Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs. 
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117. 
3. The first proviso was omitted by s. 2, ibid. (w.e.f.13-4-2015).The proviso was as under: — 
"Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief 
Justice of India shall always be consulted:". This amendment has been struck down by the 
4. Subs. by s. 2, ibid. for "provided further that" (w.e.f.13-4-2015).This amendment has been struck 
down by the Supreme Court in the Supreme Court Advocates-on-Record Association and another Vs 
Union of India judgment dated 16-10-2015, AIR 2016 SC 117. 
5. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2  (w.e.f. 5-10-1963).  

(Part V.—The Union) 58
Supreme Court unless he is a citizen of India and— 
(a) has been for at least five years a Judge of a High Court or of 
two or more such Courts in succession; or 
(b) has been for at least ten years an advocate of a High Court or 
of two or more such Courts in succession; or 
(c) is, in the opinion of the President, a distinguished jurist. 
Explanation I .—In this clause "High Court'' means a High Court which 
exercises, or which at any time before the commencement of this Constitution 
exercised, jurisdiction in any part of the territory of India. 
Explanation II .—In computing for the purpose of this clause the period 
during which a person has been an advocate, any period during which a person has 
held judicial office not inferior to that of a district judge after he became an 
advocate shall be included. 
(4) A Judge of the Supreme Court shall not be removed from his office 
except by an order of the President passed after an address by each House of 
Parliament supported by a majority of the total membership of that House and by a 
majority of not less than two-thirds of the members of that House present and voting 
has been presented to the President in the same session for such removal on the 
ground of proved misbehaviour or incapacity. 
(5) Parliament may by law regulate the procedure for the presentation of an 
address and for the investigation and proof of the misbehaviour or incapacity of a 
Judge under clause (4). 
(6) Every person appointed to be a Judge of the Supreme Court shall, 
before he enters upon his office, make and subscribe before the President, or 
some person appointed in that behalf by him, an oath or affirmation according 
to the form set out for the purpose in the Third Schedule. 
(7) No person who has held office as a Judge of the Supreme Court shall 
plead or act in any court or before any authority within the territory of India. 
1[124A. National Judicial Appointments Commission .—(1) There 
shall be a Commission to be known as the National Judicial Appointments 
Commission consisting of the following, namely:—  
(a) the Chief Justice of India, Chairperson, ex officio; 
(b) two other senior Judges of the Supreme Court next to the 
Chief Justice of India––Members, ex officio; 
1. Ins. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 3  (w.e.f. 13-4-2015). This 
amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-
on-Record Association and another Vs Union of India in its judgment dated 16-10-2015,           
AIR 2016 SC 117.  

(Part V.—The Union) 59
(c) the Union Minister in charge of Law and Justice––Member, ex 
officio; 
(d) two eminent persons to be nominated by the committee 
consisting of the Prime Minister, the Chief Justice of India and the 
Leader of Opposition in the House of the People or where there is no 
such Leader of Opposition, then, the Leader of single largest Opposition 
Party in the House of the People––Members: 
Provided that one of the eminent person shall be nominated from 
amongst the persons belonging to the Scheduled Castes, the Scheduled 
Tribes, Other Backward Classes, Minorities or Women: 
Provided further that an eminent person shall be nominated for a 
period of three years and shall not  be eligible for renomination. 
(2) No act or proceedings of the National Judicial Appointments 
Commission shall be questioned or be invalidated merely on the ground of the 
existence of any vacancy or defect in the constitution of the Commission. 
124B. Functions of Commission. ––It shall be the duty of the National 
Judicial Appointments Commission to— 
(a) recommend persons for appointment as Chief Justice of India, 
Judges of the Supreme Court, Chief Justices of High Courts and other 
Judges of High Courts; 
(b) recommend transfer of Chief Justices and other Judges of High 
Courts from one High Court to any other High Court; and 
(c) ensure that the person recommended is of ability and integrity. 
124C. Power of Parliament to make law. ––Parliament may, by law, 
regulate the procedure for the appointment of Chief Justice of India and other 
Judges of the Supreme Court and Chief Justices and other Judges of High 
Courts and empower the Commission to lay down by regulations the procedure 
for the discharge of its functions, the manner of selection of persons for 
appointment and such other matters as may be considered necessary by it.] 
125. Salaries, etc., of Judges .— 1[(1) There shall be paid to the Judges 
of the Supreme Court such salaries as may be determined by Parliament by law 
and, until provision in that behalf is so made, such salaries as are specified in 
the Second Schedule.] 
(2) Every Judge shall be entitled to such privileges and allowances and to such 
rights in respect of leave of absence and pension as may from time to time be 
determined by or under law made by Parliament and, until so determined, to such 
privileges, allowances and rights as are specified in the Second Schedule: 
Provided that neither the privileges nor the allowances of a Judge nor his 
rights in respect of leave of absence or pension shall be varied to his 
disadvantage after his appointment. 
1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1)     
(w.e.f. 1-4-1986). 

(Part V.—The Union) 60
126. Appointment of acting Chief Justice .—When the office of Chief 
Justice of India is vacant or when the Chief Justice is, by reason of absence or 
otherwise, unable to perform the duties of his office, the duties of the office 
shall be performed by such one of the other Judges of the Court as the President 
may appoint for the purpose. 
127. Appointment of ad hoc Judges.—(1) If at any time there should 
not be a quorum of the Judges of the Supreme Court available to hold or 
continue any session of the Court, 1[the National Judicial Appointments 
Commission on a reference made to it by the Chief Justice of India, may with 
the previous consent of the President] and after consultation with the Chief 
Justice of the High Court concerned, request in writing the attendance at the 
sittings of the Court, as an ad hoc Judge, for such period as may be necessary, 
of a Judge of a High Court duly qualified for appointment as a Judge of the 
Supreme Court to be designated by the Chief Justice of India. 
(2) It shall be the duty of the Judge who has been so designated, in 
priority to other duties of his office, to attend the sittings of the Supreme Court 
at the time and for the period for which his attendance is required, and while so 
attending he shall have all the jurisdiction, powers and privileges, and shall 
discharge the duties, of a Judge of the Supreme Court. 
128. Attendance of retired Judges at sittings of the Supreme  
Court.—Notwithstanding anything in this Chapter, 2[the National Judicial 
Appointments Commission] may at any time, with the previous consent of the 
President, request any person who has held the office of a Judge of the 
Supreme Court or of the Federal Court 3[or who has held the office of a Judge 
of a High Court and is duly qualified for appointment as a Judge of the 
Supreme Court] to sit and act as a Judge of the Supreme Court, and every such 
person so requested shall, while so sitting and acting, be entitled to such 
allowances as the President may by order determine and have all the 
jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, 
a Judge of that Court: 
Provided that nothing in this article shall be deemed to require any such 
person as aforesaid to sit and act as a Judge of that Court unless he consents so 
to do.  
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4,  for "the Chief 
Justice of India may, with the previous consent of the President" (w.e.f. 13-4-2015). 
This amendment has been struck down by the Supreme Court in the case of Supreme 
Court Advocates-on-Record Association and another vs. Union of India in its 
judgment dated 16-10-2015, AIR 2016 SC 117. 
2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment 
has been struck down by the Supreme Court in the case of Supreme Court Advocates-
on-Record Association and another Vs. Union of India in its judgment dated 16-10-
2015, AIR 2016 SC 117. 
3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s.3 (w.e.f. 5-10-1963). 

(Part V.—The Union) 61
129. Supreme Court to be a court of record. —The Supreme Court 
shall be a court of record and shall have all the powers of such a court including 
the power to punish for contempt of itself. 
130. Seat of Supreme Court .—The Supreme Court shall sit in Delhi or 
in such other place or places, as the Chief Justice of India may, with the 
approval of the President, from time to time, appoint. 
131. Original jurisdiction of the Supreme Court .—Subject to the 
provisions of this Constitution, the Supreme Court shall, to the exclusion of any 
other court, have original jurisdiction in any dispute— 
(a) between the Government of India and one or more States; or 
(b) between the Government of India and any State or States on one 
side and one or more other States on the other; or 
(c) between two or more States, 
if and in so far as the dispute involves any question (whether of law or fact) on which 
the existence or extent of a legal right depends: 
1[Provided that the said jurisdiction shall not extend to a dispute arising 
out of any treaty, agreement, covenant, engagement, sanad or other similar 
instrument which, having been entered into or executed before the 
commencement of this Constitution, continues in operation after such 
commencement, or which provides that the said jurisdiction shall not extend to 
such a dispute.] 
2[131A. Exclusive jurisdiction of the Supreme Court in regard to 
questions as to constitutional validity of Central laws. ].—Omitted by the 
Constitution (Forty-third Amendment ) Act, 1977, s. 4 (w.e.f. 13-4-1978) . 
132. Appellate jurisdiction of Supreme Court in appeals from High 
Courts in certain cases .—(1) An appeal shall lie to the Supreme Court from 
any judgment, decree or final order of a High Court in the territory of India, 
whether in a civil, criminal or other proceeding, 3[if the High Court certifies 
under article 134A] that the case involves a substantial question of law as to the 
interpretation of this Constitution. 
4(2)*                       *                      *                       *                       *              
(3) Where such a certificate is given, 2*** any party in the case may 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso   
(w.e.f. 1-11-1956). 
2. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 23 (w.e.f. 1-2-1977). 
3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the High 
Court certifies" (w.e.f. 1-8-1979).  
4. Cl. (2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if 
the High Court certifies" (w.e.f. 1-8-1979).   

(Part V.—The Union) 62
appeal to the Supreme Court on the ground that any such question as aforesaid 
has been wrongly decided 1***. 
Explanation.— For the purposes of this article, the expression “final 
order” includes an order deciding an issue which, if decided in favour of the 
appellant, would be sufficient for the final disposal of the case. 
133. Appellate jurisdiction of Supreme Court in appeals from High 
Courts in regard to civil matters. —2[(1) An appeal shall lie to the Supreme 
Court from any judgment, decree or final order in a civil proceeding of a High 
Court in the territory of India 3[if the High Court certifies under article   
134A—] 
(a) that the case involves a substantial question of law of general 
importance; and 
(b) that in the opinion of the High Court the said question needs to be 
decided by the Supreme Court.] 
(2) Notwithstanding anything in article 132, any party appealing to the 
Supreme Court under clause (1) may urge as one of the grounds in such appeal 
that a substantial question of law as to the interpretation of this Constitution has 
been wrongly decided.  
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament 
by law otherwise provides, lie to the Supreme Court from the judgment, decree or final 
order of one Judge of a High Court. 
134. Appellate jurisdiction of Supreme Court in regard to criminal 
matters.—(1) An appeal shall lie to the Supreme Court from any judgment, 
final order or sentence in a criminal proceeding of a High Court in the territory 
of India if the High Court— 
(a) has on appeal reversed an order of acquittal of an accused person 
and sentenced him to death; or  
(b) has withdrawn for trial before itself any case from any court 
subordinate to its authority and has in such trial convicted the accused 
person and sentenced him to death; or  
(c) 4[certifies under article 134A] that the case is a fit one for appeal 
to the Supreme Court: 
Provided that an appeal under sub-clause ( c) shall lie subject to such 
provisions as may be made in that behalf under clause (1) of article 145 and to 
such conditions as the High Court may establish or require. 
1. Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).   
2. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1)           
(w.e.f. 27-2-1973). 
3. Subs. by the  Constitution (Forty-fourth Amendment) Act, 1978, s.18, for "if the High 
Court certifies. —" (w.e.f. 1-8-1979).   
4. Subs. by s. 19,  ibid., for "certifies" (w.e.f. 1-8-1979).   

(Part V.—The Union) 63
(2) Parliament may by law confer on the Supreme Court any further 
powers to entertain and hear appeals from any judgment, final order or sentence 
in a criminal proceeding of a High Court in the territory of India subject to such 
conditions and limitations as may be specified in such law. 
1[134A. Certificate for appeal to the Supreme Court. —Every High 
Court, passing or making a judgment, decree, final order, or sentence, referred to 
in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 
134,— 
(a) may, if it deems fit so to do, on its own motion; and  
(b) shall, if an oral application is made, by or on behalf of the party 
aggrieved, immediately after the passing or making of such judgment, 
decree, final order or sentence, 
determine, as soon as may be after such passing or making, the question 
whether a certificate of the nature referred to in clause (1) of article 132, or 
clause (1) of article 133 or, as the case may be, sub-clause ( c) of clause (1) of 
article 134, may be given in respect of that case.]  
135. Jurisdiction and powers of the Federal Court under existing 
law to be exercisable by the Supreme Court. —Until Parliament by law 
otherwise provides, the Supreme Court shall also have jurisdiction and powers 
with respect to any matter to which the provisions of article 133 or article 134 
do not apply if jurisdiction and powers in relation to that matter were 
exercisable by the Federal Court immediately before the commencement of this 
Constitution under any existing law. 
136. Special leave to appeal by the Supreme Court .—(1) 
Notwithstanding anything in this Chapter, the Supreme Court may, in its 
discretion, grant special leave to appeal from any judgment, decree, 
determination, sentence or order in any cause or matter passed or made by any 
court or tribunal in the territory of India. 
(2) Nothing in clause (1) shall apply to any judgment, determination, 
sentence or order passed or made by any court or tribunal constituted by or 
under any law relating to the Armed Forces. 
137. Review of judgments or orders by the Supreme Court .—Subject 
to the provisions of any law made by Parliament or any rules made under 
article 145, the Supreme Court shall have power to review any judgment 
pronounced or order made by it. 
138. Enlargement of the jurisdiction of the Supreme Court. —(1) The 
Supreme Court shall have such further jurisdiction and powers with respect to 
any of the matters in the Union List as Parliament may by law confer. 
1. Ins. by the  Constitution (Forty-fourth Amendment) Act, 1978, s. 20 (w.e.f. 1-8-1979). 

(Part V.—The Union) 64
(2) The Supreme Court shall have such further jurisdiction and powers 
with respect to any matter as the Government of India and the Government of 
any State may by special agreement confer, if Parliament by law provides for 
the exercise of such jurisdiction and powers by the Supreme Court. 
139. Conferment on the Supreme Court of powers to issue certain 
writs.—Parliament may by law confer on the Supreme Court power to issue 
directions, orders or writs, including writs in the nature of habeas corpus, 
mandamus, prohibition, quo warranto and certiorari, or any of them, for any 
purposes other than those mentioned in clause (2) of article 32. 
1[139A. Transfer of certain cases .—2[(1) Where cases involving the 
same or substantially the same questions of law are pending before the 
Supreme Court and one or more High Courts or before two or more High 
Courts and the Supreme Court is satisfied on its own motion or on an 
application made by the Attorney-General of India or by a party to any such 
case that such questions are substantial questions of general importance, the 
Supreme Court may withdraw the case or cases pending before the High Court 
or the High Courts and dispose of all the cases itself: 
Provided that the Supreme Court may after determining the said 
questions of law return any case so withdrawn together with a copy of its 
judgment on such questions to the High Court from which the case has been 
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of 
the case in conformity with such judgment.] 
(2) The Supreme Court may, if it deems it expedient so to do for the ends 
of justice, transfer any case, appeal or other proceedings pending before any 
High Court to any other High Court.] 
140. Ancillary powers of Supreme Court .—Parliament may by law 
make provision for conferring upon the Supreme Court such supplemental 
powers not inconsistent with any of the provisions of this Constitution as may 
appear to be necessary or desirable for the purpose of enabling the Court more 
effectively to exercise the jurisdiction conferred upon it by or under this 
141. Law declared by Supreme Court to be binding on all courts. —
The law declared by the Supreme Court shall be binding on all courts within 
the territory of India. 
1. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977). 
2. Subs. by the  Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1)    
(w.e.f. 1-8-1979).   

(Part V.—The Union) 65
142. Enforcement of decrees and orders of Supreme Court and 
orders as to discovery, etc .—(1) The Supreme Court in the exercise of its 
jurisdiction may pass such decree or make such order as is necessary for doing 
complete justice in any cause or matter pending before it, and any decree so 
passed or order so made shall be enforceable throughout the territory of India in 
such manner as may be prescribed by or under any law made by Parliament 
and, until provision in that behalf is so made, in such manner as the President 
may by order1 prescribe. 
(2) Subject to the provisions of any law made in this behalf by 
Parliament, the Supreme Court shall, as respects the whole of the territory of 
India, have all and every power to make any order for the purpose of securing 
the attendance of any person, the discovery or production of any documents, or 
the investigation or punishment of any contempt of itself. 
143. Power of President to consult Supreme Court. —(1) If at any 
time it appears to the President that a question of law or fact has arisen, or is 
likely to arise, which is of such a nature and of such public importance that it is 
expedient to obtain the opinion of the Supreme Court upon it, he may refer the 
question to that Court for consideration and the Court may, after such hearing 
as it thinks fit, report to the President its opinion thereon. 
(2) The President may, notwithstanding anything in 2*** the proviso to 
article 131, refer a dispute of the kind mentioned in the 3[said proviso] to the 
Supreme Court for opinion and the Supreme Court shall, after such hearing as it 
thinks fit, report to the President its opinion thereon. 
144. Civil and judicial authorities to act in aid of the Supreme 
Court.—All authorities, civil and judicial, in the territory of India shall act in 
aid of the Supreme Court. 
4[144A. [Special provisions as to disposal of questions relating to 
constitutional validity of laws. ].—Omitted by the Constitution (Forty-third 
Amendment ) Act, 1977, s. 5 (w.e.f. 13-4-1978).] 
145. Rules of Court, etc .—(1) Subject to the provisions of any law 
made by Parliament, the Supreme Court may from time to time, with the 
approval of the President, make rules for regulating generally the practice and 
procedure of the Court including— 
(a) rules as to the persons practising before the Court; 
(b) rules as to the procedure for hearing appeals and other matters 
pertaining to appeals including the time within which appeals to the 
Court are to be entered; 
1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47). 
2. The words, brackets and figure "clause (i) of" omitted by the Constitution (Seventh 
3. Subs. by  s. 29 and Sch., ibid., for "said clause" (w.e.f. 1-11-1956). 
4. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977). 

(Part V.—The Union) 66
(c) rules as to the proceedings in the Court for the enforcement of 
any of the rights conferred by Part III; 
1[(cc) rules as to the proceedings in the Court under 2[article 
139A];] 
(d) rules as to the entertainment of appeals under sub-clause ( c) of 
clause (1) of article 134; 
(e) rules as to the conditions subject to which any judgment 
pronounced or order made by the Court may be reviewed and the 
procedure for such review including the time within which applications 
to the Court for such review are to be entered; 
(f) rules as to the costs of and incidental to any proceedings in the 
Court and as to the fees to be charged in respect of proceedings therein; 
(g) rules as to the granting of bail; 
(h) rules as to stay of proceedings; 
(i) rules providing for the summary determination of any appeal 
which appears to the Court to be frivolous or vexatious or brought for 
the purpose of delay; 
(j) rules as to the procedure for inquiries referred to in clause 
(1) of article 317. 
(2) Subject to the 3[provisions of 4*** clause (3)], rules made under this 
article may fix the minimum number of Judges who are to sit for any purpose, 
and may provide for the powers of single Judges and Division Courts. 
(3) 5[4***The minimum number] of Judges who are to sit for the purpose 
of deciding any case involving a substantial question of law as to the 
interpretation of this Constitution or for the purpose of hearing any reference 
under article 143 shall be five: 
Provided that, where the Court hearing an appeal under any of the 
provisions of this Chapter other than article 132 consists of less than five 
Judges and in the course of the hearing of the appeal the Court is satisfied that 
1. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977). 
2.  Subs. by the  Constitution (Forty-third Amendment) Act, 1977, s. 6, for "articles 131A 
and 139A" (w.e.f. 13-4-1978). 
3. Subs. by the  Constitution (Forty-second Amendment) Act, 1976, s. 26, for "provisions 
of clause (3)" (w.e.f. 1-2-1977). 
4. Certain words omitted by the  Constitution (Forty-third Amendment) Act, 1977, s. 6 
(w.e.f. 13-4-1978). 
5. Subs. by the  Constitution (Forty-second Amendment) Act, 1976, s. 26, for "The 
minimum number" (w.e.f. 1-2-1977). 

(Part V.—The Union) 67
the appeal involves a substantial question of law as to the interpretation of this 
Constitution the determination of which is necessary for the disposal of the 
appeal, such Court shall refer the question for opinion to a Court constituted as 
required by this clause for the purpose of deciding any case involving such a 
question and shall on receipt of the opinion dispose of the appeal in conformity 
with such opinion. 
(4) No judgment shall be delivered by the Supreme Court save in open 
Court, and no report shall be made under article 143 save in accordance with an 
opinion also delivered in open Court. 
(5) No judgment and no such opinion shall be delivered by the Supreme 
Court save with the concurrence of a majority of the Judges present at the 
hearing of the case, but nothing in this clause shall be deemed to prevent a 
Judge who does not concur from delivering a dissenting judgment or opinion. 
146. Officers and servants and the expenses of the Supreme Court. —
(1) Appointments of officers and servants of the Supreme Court shall be made 
by the Chief Justice of India or such other Judge or officer of the Court as he 
may direct: 
Provided that the President may by rule require that in such cases as may 
be specified in the rule, no person not already attached to the Court shall be 
appointed to any office connected with the Court, save after consultation with 
the Union Public Service Commission. 
(2) Subject to the provisions of any law made by Parliament, the 
conditions of service of officers and servants of the Supreme Court shall be 
such as may be prescribed by  rules made by the Chief Justice of India or by 
some other Judge or officer of the Court authorised by the Chief Justice of 
India to make rules for the purpose: 
Provided that the rules made under this clause shall, so far as they relate 
to salaries, allowances, leave or pensions, require the approval of the President. 
(3) The administrative expenses of the Supreme Court, including all 
salaries, allowances and pensions payable to or in respect of the officers and 
servants of the Court, shall be charged upon the Consolidated Fund of India, 
and any fees or other moneys taken by the Court shall form part of that Fund. 
147. Interpretation. —In this Chapter and in Chapter V of Part VI, 
references to any substantial question of law as to the interpretation of this 
Constitution shall be construed as including references to any substantial 

(Part V.—The Union) 68
question of law as to the interpretation of the Government of India Act, 1935 
(including any enactment amending or supplementing that Act), or of any 
Order in Council or order made thereunder, or of the Indian Independence Act, 
1947, or of any order made thereunder. 
CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA 
148. Comptroller and Auditor-General of India .—(1) There shall be a 
Comptroller and Auditor-General of India who shall be appointed by the 
President by warrant under his hand and seal and shall only be removed from 
office in like manner and on the like grounds as a Judge of the Supreme Court. 
(2) Every person appointed to be the Comptroller and Auditor-General 
of India shall, before he enters upon his office, make and subscribe before the 
(3) The salary and other conditions of service of the Comptroller and 
Auditor-General shall be such as may be determined by Parliament by law and, 
until they are so determined, shall be as specified in the Second Schedule: 
Provided that neither the salary of a Comptroller and Auditor-General 
nor his rights in respect of leave of absence, pension or age of retirement shall 
be varied to his disadvantage after his appointment. 
(4) The Comptroller and Auditor-General shall not be eligible for further 
office either under the Government of India or under the Government of any 
State after he has ceased to hold his office. 
(5) Subject to the provisions of this Constitution and of any law made by 
Parliament, the conditions of service of persons serving in the Indian Audit and 
Accounts Department and the administrative powers of the Comptroller and 
Auditor-General shall be such as may be prescribed by rules made by the 
President after consultation with the Comptroller and Auditor-General. 
(6) The administrative expenses of the office of the Comptroller and 
Auditor-General, including all salaries, allowances and pensions payable to or 
in respect of persons serving in that office, shall be charged upon the 
Consolidated Fund of India. 
149. Duties and powers of the Comptroller and Auditor-General .—
The Comptroller and Auditor-General shall perform such duties and exercise 
such powers in relation to the accounts of the Union and of the States and of 

(Part V.—The Union) 69
any other authority or body as may be prescribed by or under any law made by 
Parliament and, until provision in that behalf is so made, shall perform such 
duties and exercise such powers in relation to the accounts of the Union and of 
the States as were conferred on or exercisable by the Auditor-General of India 
immediately before the commencement of this Constitution in relation to the 
accounts of the Dominion of India and of the Provinces respectively. 
1[150. Form of accounts of the Union and of the States. —The 
accounts of the Union and of the States shall be kept in such form as the 
President may, 2[on the advice of]  the Comptroller and Auditor-General of 
India, prescribe.] 
151. Audit reports. —(1) The reports of the Comptroller and Auditor-
General of India relating to the accounts of the Union shall be submitted to the 
President, who shall cause them to be laid before each House of Parliament. 
(2) The reports of the Comptroller and Auditor-General of India relating 
to the accounts of a State shall be submitted to the Governor 3*** of the State, 
who shall cause them to be laid before the Legislature of the State.  
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27 , for art.150           
(w.e.f. 1-4-1977). 
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for "after 
consultation with" (w.e.f. 20-6-1979). 
3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 

 70 PART VI 
THE STATES 1*** 
CHAPTER I.—GENERAL 
152. Definition .—In this Part, unless the context otherwise requires, the 
expression “State” 2[does not include the State of Jammu and Kashmir]. 
CHAPTER II.—THE EXECUTIVE  
The Governor 
153. Governors of States. —There shall be a Governor for each State: 
3[Provided that nothing in this article shall prevent the appointment of 
the same person as Governor for two or more States.] 
154. Executive power of State .—(1) The executive power of the State 
shall be vested in the Governor and shall be exercised by him either directly or 
(2) Nothing in this article shall— 
(a) be deemed to transfer to the Governor any functions conferred by 
any existing law on any other authority; or 
(b) prevent Parliament or the Legislature of the State from conferring 
by law functions on any authority subordinate to the Governor. 
155. Appointment of Governor .—The Governor of a State shall be 
appointed by the President by warrant under his hand and seal. 
156. Term of office of Governor. —(1) The Governor shall hold office 
during the pleasure of the President. 
(2) The Governor may, by writing under his hand addressed to the 
President, resign his office. 
(3) Subject to the foregoing provisions of this article, a Governor shall 
hold office for a term of five years from the date on which he enters upon his 
office: 
1. The words "IN PART A OF THE FIRST SCHEDULE" omitted by the Constitution 
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 
2. Subs. by s. 29 and Sch. ibid., for "means a State specified in Part A of the First 
Schedule" (w.e.f. 1-11-1956). 
3. Added by s. 6, ibid. (w.e.f. 1-11-1956). 

(Part VI.—The States) 71
Provided that a Governor shall, notwithstanding the expiration of his 
term, continue to hold office until his successor enters upon his office. 
157. Qualifications for appointment as Governor. —No person shall 
be eligible for appointment as Governor unless he is a citizen of India and has 
completed the age of thirty-five years. 
158. Conditions of Governor's office. —(1) The Governor shall not be a 
State specified in the First Schedule, and if a member of either House of 
Parliament or of a House of the Legislature of any such State be appointed 
Governor, he shall be deemed to have vacated his seat in that House on the date 
on which he enters upon his office as Governor. 
(2) The Governor shall not hold any other office of profit. 
(3) The Governor shall be entitled without payment of rent to the use of 
1[(3A) Where the same person is appointed as Governor of two or more 
States, the emoluments and allowances payable to the Governor shall be allocated 
among the States in such proportion as the President may by order determine.] 
(4) The emoluments and allowances of the Governor shall not be 
159. Oath or affirmation by the Governor. —Every Governor and 
every person discharging the functions of the Governor shall, before entering 
upon his office, make and subscribe in the presence of the Chief Justice of the 
High Court exercising jurisdiction in relation to the State, or, in his absence, the 
senior most Judge of that Court available, an oath or affirmation in the 
following form, that is to say— 
“I,  A. B.,  do  swear in the name  of  God   that  I will  faithfully execute the  
                          solemnly affirm 
office of Governor (or discharge the functions of the Governor) of 
.........(name of the State ) and will to the best of my ability preserve, protect 
and defend the Constitution and the law and that I will devote myself to the 
service and well-being of the people of ..……( name of the State ).”. 
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1-11-1956). 

(Part VI.—The States) 72
160. Discharge of the functions of the Governor in certain 
contingencies. —The President may make such provision as he thinks fit for the 
discharge of the functions of the Governor of a State in any contingency not 
provided for in this Chapter. 
161. Power of Governor to grant pardons, etc., and to suspend, remit 
or commute sentences in certain cases .—The Governor of a State shall have 
the power to grant pardons, reprieves, respites or remissions of punishment or 
to suspend, remit or commute the sentence of any person convicted of any 
offence against any law relating to a matter to which the executive power of the 
State extends. 
162. Extent of executive power of State .—Subject to the provisions of 
this Constitution, the executive power of a State shall extend to the matters with 
respect to which the Legislature of the State has power to make laws: 
Provided that in any matter with respect to which the Legislature of a 
State and Parliament have power to make laws, the executive power of the 
State shall be subject to, and limited by, the executive power expressly 
conferred by this Constitution or by any law made by Parliament upon the 
Union or authorities thereof. 
163.  Council of Ministers to aid and advise Governor. —(1) There shall 
be a Council of Ministers with the Chief Minister at the head to aid and advise the 
Governor in the exercise of his functions, except in so far as he is by or under this 
Constitution required to exercise his functions or any of them in his discretion. 
(2) If any question arises whether any matter is or is not a matter as 
respects which the Governor is by or under this Constitution required to act in 
his discretion, 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 his discretion. 
(3) The question whether any, and if so what, advice was tendered by 
Ministers to the Governor shall not be inquired into in any court. 
164. Other provisions as to Ministers .—(1) The Chief Minister shall 
be appointed by the Governor and the other Ministers shall be appointed by the 
Governor on the advice of the Chief Minister, and the Ministers shall hold 
office during the pleasure of the Governor: 

(Part VI.—The States) 73
Provided that in the States of 1[Chhattisgarh, Jharkhand], Madhya 
Pradesh and 2[Odisha] there shall be a Minister in charge of tribal welfare who 
may in addition be in charge of the welfare of the Scheduled Castes and 
backward classes or any other work. 
3[(1A) The total number of Ministers, including the Chief Minister, in 
the Council of Ministers in a State shall not exceed fifteen per cent. of the total 
number of members of the Legislative Assembly of that State:   
Provided that the number of Ministers, including the Chief Minister in a 
State shall not be less than twelve:  
Provided further that where the total number of Ministers including the 
Chief Minister in the Council of Ministers in any State at the commencement of 
the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen 
per cent.  or the number specified in the first proviso, as the case may be, then 
the total number of Ministers in that State shall be brought in conformity with 
the provisions of this clause within six months from such date 4 as the President 
may by public notification appoint. 
(1B) A member of the Legislative Assembly of a State or either House of 
the Legislature of a State having Legislative Council belonging to any political 
party who is disqualified for being a member of that House under paragraph 2 
of the Tenth Schedule shall also be disqualified to be appointed as a Minister 
under clause (1) for duration of the period commencing from the date of his 
would expire or where he contests any election to the Legislative Assembly  of 
a State or either House of the Legislature of a State having Legislative Council, 
as the case may be, before the expiry of such period, till the date on which he is 
declared elected, whichever is earlier.] 
(2) The Council of Ministers shall be collectively responsible to the 
Legislative Assembly of the State. 
(3) Before a Minister enters upon his office, the Governor shall 
administer to him the oaths of office and of secrecy according to the forms set 
out for the purpose in the Third Schedule. 
1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar" 
(w.e.f. 12-6-2006).  
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for "Orissa" 
(w.e.f. 1-11-2011). 
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004). 
4. 7-1-2004, vide notification number S.O. 21(E), dated 7-1-2004. 

(Part VI.—The States) 74
(4) A Minister who for any period of six consecutive months is not a 
member of the Legislature of the State shall at the expiration of that period 
cease to be a Minister. 
(5) The salaries and allowances of Ministers shall be such as the Legislature 
of the State may from time to time by law determine and, until the Legislature of the 
State so determines, shall be as specified in the Second Schedule. 
The Advocate-General for the State 
165. Advocate-General for the State. —(1) The Governor of each State 
shall appoint a person who is qualified to be appointed a Judge of a High Court 
to be Advocate-General for the State. 
(2) It shall be the duty of the Advocate-General to give advice to the 
Government of the State upon such legal matters, and to perform such other 
duties of a legal character, as may from time to time be referred or assigned to 
him by the Governor, and to discharge the functions conferred on him by or 
under this Constitution or any other law for the time being in force. 
(3) The Advocate-General shall hold office during the pleasure of the 
Governor, and shall receive such remuneration as the Governor may determine. 
166. Conduct of Business of the Government of a State. —(1) All 
executive action of the Government of a State shall be expressed to be taken in 
the name of the Governor. 
Governor shall be authenticated in such manner as may be specified in rules to 
be made by the Governor, and the validity of an order or instrument which is so 
or instrument made or executed by the Governor. 
(3) The Governor shall make rules for the more convenient transaction of 
the business of the Government of the State, and for the allocation among 
Ministers of the said business in so far as it is not business with respect to which 
the Governor is by or under this Constitution required to act in his discretion. 
1(4)*                          *                           *                            *               * 
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977) 
and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23           

(Part VI.—The States) 75
167. Duties of Chief Minister as respects the furnishing of 
information to Governor, etc. —It shall be the duty of the Chief Minister of 
each State—  
(a) to communicate to the Governor of the State all decisions of the 
Council of Ministers relating to the administration of the affairs of the 
State and proposals for legislation; 
affairs of the State and proposals for legislation as the Governor may call 
for; and 
(c) if the Governor so requires, to submit for the consideration of the 
CHAPTER III.—THE STATE LEGISLATURE  
General 
168. Constitution of Legislatures in States. —(1) For every State there 
shall be a Legislature which shall consist of the Governor, and— 
(a) in the States of 1*** 2[Andhra Pradesh], Bihar, 3*** 4[Madhya 
Pradesh], 5*** 6[Maharashtra], 7[Karnataka], 8*** 9[10[Tamil Nadu, 
Telangana]] 11[and Uttar Pradesh], two Houses; 
1. The words "Andhra Pradesh," omitted by the Andhra Pradesh Legislative Council 
(Abolition) Act, 1985 (34 of 1985), s. 4 (w.e.f. 1-6-1985).  
2. Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3            
(w.e.f. 30-3-2007). 
3. The word "Bombay" omitted by the Bombay Reorganisation Act, 1960 (11 of 1960)   
s. 20 (w.e.f. 1-5-1960). 
4. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 8 (w.e.f. 1-11-1956). 
5. The words "Tamil Nadu," omitted by the Tamil Nadu Legislative Council (Abolition) 
Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986). 
6. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960). 
7. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for 
"Mysore" (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh 
Amendment) Act, 1956, s. 8(1) (w.e.f. 1-11-1956). 
8. The word, "Punjab," omitted by the Punjab Legislative Council (Abolition) Act, 1969 
(46 of 1969), s. 4 (w.e.f. 7-1-1970). 
9. The words “Tamil Nadu” ins. by the Tamil Nadu Legislative Council Act, 2010 (16 of 
2010), s. 3 (date not yet notified).   
10. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for "Tamil 
Nadu" (w.e.f. 2-6-2014). 
11. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4 
for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969). 

(Part VI.—The States) 76
(b) in other States, one House.  
(2) Where there are two Houses of the Legislature of a State, one shall 
be known as the Legislative Council and the other as the Legislative Assembly, 
and where there is only one House, it shall be known as the Legislative 
Assembly. 
169. Abolition or creation of Legislative Councils in States. —(1) 
Notwithstanding anything in article 168, Parliament may by law provide for the 
abolition of the Legislative Council of a State having such a Council or for the 
creation of such a Council in a State having no such Council, if the Legislative 
Assembly of the State passes a resolution to that effect by a majority of the 
total membership of the Assembly and by a majority of not less than two-thirds 
of the members of the Assembly present and voting. 
(2) Any law referred to in clause (1) shall contain such provisions for the 
amendment of this Constitution as may be necessary to give effect to the 
provisions of the law and may also contain such supplemental, incidental and 
consequential provisions as Parliament may deem necessary. 
(3) No such law as aforesaid shall be deemed to be an amendment of this 
Constitution for the purposes of article 368. 
1[170. Composition of the Legislative Assemblies. —(1) Subject to the 
provisions of article 333, the Legislative Assembly of each State shall consist 
of not more than five hundred, and not less than sixty, members chosen by 
direct election from territorial constituencies in the State. 
(2) For the purposes of clause (1), each State shall be divided into 
territorial constituencies in such manner that the ratio between the population 
of each constituency and the number of seats allotted to it shall, so far as 
practicable, be the same throughout the State. 
2[Explanation.— In this clause, the expression “population” means the 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170         
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 29, for the  
Explanation (w.e.f. 3-1-1977). 

(Part VI.—The States) 77
relevant figures for the first census taken after the year 1[2026] have been 
published, be construed as a reference to the 2[2001] census.] 
(3) Upon the completion of each census, the total number of seats in the 
Legislative Assembly of each State and the division of each State into territorial 
constituencies shall be readjusted by such authority and in such manner as 
Parliament may by law determine: 
Legislative Assembly until the dissolution of the then existing Assembly: 
3[Provided further that such readjustment shall take effect from such date 
any election to the Legislative Assembly may be held on the basis of the 
territorial constituencies existing before such readjustment: 
after the year 1[2026] have been published, it shall not be necessary to 
4[readjust— 
(i) the total number of seats in the Legislative Assembly of each State 
as readjusted on the basis of the 1971 census; and  
(ii) the division of such State into territorial constituencies as may be 
readjusted on the basis of the 2[2001] census, 
under this clause.] 
171. Composition of the Legislative Councils. —(1) The total number 
of members in the Legislative Council of a State having such a Council shall 
not exceed 5[one-third] of the total number of members in the Legislative 
Assembly of that State: 
1. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for "2000" 
2. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for "1991" 
(w.e.f. 22-6-2003). The figures "1991" were substituted for the original figures "1971" 
by the Constitution (Eighty fourth Amendment) Act, 2001, s. 5 (w.e.f. 21-2-2002). 
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977). 
4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain 
words (w.e.f. 21-2-2002). 
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for "one-fourth" 

(Part VI.—The States) 78
Provided that the total number of members in the Legislative Council of 
a State shall in no case be less than forty. 
(2) Until Parliament by law otherwise provides, the composition of the 
Legislative Council of a State shall be as provided in clause (3). 
(3) Of the total number of members of the Legislative Council of a 
State— 
(a) as nearly as may be, one-third shall be elected by electorates 
consisting of members of municipalities, district boards and such other 
local authorities in the State as Parliament may by law specify; 
(b) as nearly as may be, one-twelfth shall be elected by electorates 
consisting of persons residing in the State who have been for at least 
three years graduates of any university in the territory of India or have 
been for at least three years in possession of qualifications prescribed by 
or under any law made by Parliament as equivalent to that of a graduate 
of any such university;  
(c) as nearly as may be, one-twelfth shall be elected by electorates 
consisting of persons who have been for at least three years engaged in 
teaching in such educational institutions within the State, not lower in 
standard than that of a secondary school, as may be prescribed by or 
under any law made by Parliament; 
(d) as nearly as may be, one-third shall be elected by the members of 
the Legislative Assembly of the State from amongst persons who are not 
members of the Assembly; 
(e) the remainder shall be nominated by the Governor in accordance 
with the provisions of clause (5). 
(4) The members to be elected under sub-clauses ( a), (b) and (c) of 
clause (3) shall be chosen in such territorial constituencies as may be prescribed 
by or under any law made by Parliament, and the elections under the said     
sub-clauses and under sub-clause ( d) of the said clause shall be held in 
(5) The members to be nominated by the Governor under sub-clause ( e) 
of clause (3) shall consist of persons having special knowledge or practical 

(Part VI.—The States) 79
Literature, science, art, co-operative movement and social service. 
172. Duration of State Legislatures .—(1) Every Legislative Assembly 
of every State, unless sooner dissolved, shall continue for 1[five years] from the 
date appointed for its first meeting and no longer and the expiration of the said 
period of 1[five years] shall operate as a dissolution of the Assembly: 
(2) The Legislative Council of a State shall not be subject to dissolution, 
but as nearly as possible one-third of the members thereof shall retire as soon as 
may be on the expiration of every second year in accordance with the 
provisions made in that behalf by Parliament by law. 
173. Qualification for membership of the State Legislature .—A 
person shall not be qualified to be chosen to fill a seat in the Legislature of a 
State unless he— 
2[(a) is a citizen of India, and makes and subscribes before some 
(b) is, in the case of a seat in the Legislative Assembly, not less than 
twenty-five years of age and, in the case of a seat in the Legislative 
Council, not less than thirty years of age; and 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 30, for "five years" 
1978, s. 24,  for "six years" (w.e.f. 6-9-1979).  
2. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. ( a)  (w.e.f. 5-
10-1963). 

(Part VI.—The States) 80
1[174. Sessions of the State Legislature, prorogation and 
dissolution. —(1) The Governor shall from time to time summon the House or 
each House of the Legislature of the State to meet at such time and place as he 
thinks fit, but six months shall not intervene between its last sitting in one 
session and the date appointed for its first sitting in the next session. 
(2) The Governor may from time to time— 
(a) prorogue the House or either House; 
(b) dissolve the Legislative Assembly.] 
175. Right of Governor to address and send messages to the House 
or Houses. —(1) The Governor may address the Legislative Assembly or, in 
the case of a State having a Legislative Council, either House of the Legislature 
of the State, or both Houses assembled together, and may for that purpose 
require the attendance of members. 
(2) The Governor may send messages to the House or Houses of the 
Legislature of the State, whether with respect to a Bill then pending in the 
Legislature or otherwise, and a House to which any message is so sent shall 
with all convenient despatch consider any matter required by the message to be 
taken into consideration. 
176. Special address by the Governor. —(1) At the commencement of 
2[the first session after each general election to the Legislative Assembly and at 
the commencement of the first session of each year], the Governor shall 
address the Legislative Assembly or, in the case of a State having a Legislative 
Council, both Houses assembled together and inform the Legislature of the 
(2) Provision shall be made by the rules regulating the procedure of the 
House or either House for the allotment of time for discussion of the matters 
referred to in such address 3***. 
Houses.—Every Minister and the Advocate-General for a State shall have the 
right to speak in, and otherwise to take part in the proceedings of, the 
Legislative Assembly of the State or, in the case of a State having a Legislative 
Council, both Houses, and to speak in, and otherwise to take part in the 
proceedings of, any committee of the Legislature of which he may be named a 
member, but shall not, by virtue of this article, be entitled to vote. 
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art.174               
2. Subs. by s. 9, ibid., for "every session"  (w.e.f. 18-6-1951). 
3. The words "and for the precedence of such discussion over other business of the 
House" omitted by s. 9, ibid. (w.e.f. 18-6-1951). 

(Part VI.—The States) 81
Officers of the State Legislature 
178. The Speaker and Deputy Speaker of the Legislative 
Assembly. —Every Legislative Assembly of a State shall, as soon as may be, 
choose two members of the Assembly to be respectively Speaker and Deputy 
Speaker thereof and, so often as the office of Speaker or Deputy Speaker 
becomes vacant, the Assembly shall choose another member to be Speaker or 
Deputy Speaker, as the case may be. 
Speaker and Deputy Speaker .—A member holding office as Speaker or 
Deputy Speaker of an Assembly— 
(a) shall vacate his office if he ceases to be a member of the Assembly; 
(b) may at any time by writing under his hand addressed, if such 
member is the Speaker, to the Deputy Speaker, and if such member is  
(c) may be removed from his office by a resolution of the 
Assembly passed by a majority of all the then members of the Assembly: 
unless at least fourteen days' notice has been given of the intention to move the 
Provided further that, whenever the Assembly is dissolved, the Speaker 
shall not vacate his office until immediately before the first meeting of the 
Assembly after the dissolution. 
duties of the office of, or to act as, Speaker. —(1) While the office of Speaker 
if the office of Deputy Speaker is also vacant, by such member of the Assembly 
as the Governor may appoint for the purpose. 
(2) During the absence of the Speaker from any sitting of the Assembly 
the Deputy Speaker or, if he is also absent, such person as may be determined 
by the rules of procedure of the Assembly, or, if no such person is present, such 
other person as may be determined by the Assembly, shall act as Speaker. 
sitting of the Legislative Assembly, while any resolution for the removal of the 
the provisions of clause (2) of article 180 shall apply in relation to every such 
sitting as they apply in relation to a sitting from which the Speaker or, as the 
case may be, the Deputy Speaker, is absent. 

(Part VI.—The States) 82
part in the proceedings of, the Legislative Assembly while any resolution for 
his removal from office is under consideration in the Assembly and shall, 
notwithstanding anything in article 189, be entitled to vote only in the first 
182. The Chairman and Deputy Chairman of the Legislative 
Council.—The Legislative Council of every State having such Council shall, as 
soon as may be, choose two members of the Council to be respectively 
Chairman and Deputy Chairman thereof and, so often as the office of Chairman 
or Deputy Chairman becomes vacant, the Council shall choose another member 
to be Chairman or Deputy Chairman, as the case may be. 
Chairman and Deputy Chairman. —A member holding office as Chairman or 
Deputy Chairman of a Legislative Council— 
(a) shall vacate his office if he ceases to be a member of the Council; 
member is the Chairman, to the Deputy Chairman, and if such member is 
the Deputy Chairman, to the Chairman, resign his office; and 
Provided that no resolution for the purpose of clause ( c) shall be moved unless 
at least fourteen days' notice has been given of the intention to move the resolution. 
Chairman is vacant, the duties of the office shall be performed by the Deputy 
Chairman or, if the office of Deputy Chairman is also vacant, by such member 
of the Council as the Governor may appoint for the purpose. 
(2) During the absence of the Chairman from any sitting of the Council 
the Deputy Chairman or, if he is also absent, such person as may be determined 
by the rules of procedure of the Council, or, if no such person is present, such 
other person as may be determined by the Council, shall act as Chairman. 

(Part VI.—The States) 83
sitting of the Legislative Council, while any resolution for the removal of the 
Chairman from his office is under consideration, the Chairman, or while any 
resolution for the removal of the Deputy Chairman from his office is under 
and the provisions of clause (2) of article 184 shall apply in relation to every 
such sitting as they apply in relation to a sitting from which the Chairman or, as 
the case may be, the Deputy Chairman is absent. 
part in the proceedings of, the Legislative Council while any resolution for his 
removal from office is under consideration in the Council and shall, 
186. Salaries and allowances of the Speaker and Deputy Speaker 
and the Chairman and Deputy Chairman .—There shall be paid to the 
Speaker and the Deputy Speaker of the Legislative Assembly, and to the 
Chairman and the Deputy Chairman of the Legislative Council, such salaries 
and allowances as may be respectively fixed by the Legislature of the State by 
law and, until provision in that behalf is so made, such salaries and allowances 
as are specified in the Second Schedule. 
187. Secretariat of State Legislature. —(1) The House or each House 
of the Legislature of a State shall have a separate secretarial staff: 
Provided that nothing in this clause shall, in the case of the Legislature 
of a State having a Legislative Council, be construed as preventing the creation 
of posts common to both Houses of such Legislature. 
(2) The Legislature of a State may by law regulate the recruitment, and 
the conditions of service of persons appointed, to the secretarial staff of the 
House or Houses of the Legislature of the State. 
(3) Until provision is made by the Legislature of the State under clause (2), 
the Governor may, after consultation with the Speaker of the Legislative Assembly 
or the Chairman of the Legislative Council, as the case may be, make rules 
regulating the recruitment, and the conditions of service of persons appointed, to the 
secretarial staff of the Assembly or the Council, and any rules so made shall have 
effect subject to the provisions of any law made under the said clause. 

(Part VI.—The States) 84
188. Oath or affirmation by members. —Every member of the 
Legislative Assembly or the Legislative Council of a State shall, before taking 
his seat, make and subscribe before the Governor, or some person appointed in 
that behalf by him, an oath or affirmation according to the form set out for the 
vacancies and quorum .—(1) Save as otherwise provided in this Constitution, 
all questions at any sitting of a House of the Legislature of a State shall be 
than the Speaker or Chairman, or person acting as such. 
The Speaker or Chairman, or person acting as such, shall not vote in the 
(2) A House of the Legislature of a State shall have power to act 
notwithstanding any vacancy in the membership thereof, and any proceedings 
in the Legislature of a State shall be valid notwithstanding that it is discovered 
subsequently that some person who was not entitled so to do sat or voted or 
otherwise took part in the proceedings. 
1[(3) Until the Legislature of the State by law otherwise provides, the 
quorum to constitute a meeting of a House of the Legislature of a State shall be 
ten members or one-tenth of the total number of members of the House, 
whichever is greater. 
(4) If at any time during a meeting of the Legislative Assembly or the 
Legislative Council of a State there is no quorum, it shall be the duty of the 
Speaker or Chairman, or person acting as such, either to adjourn the House or 
to suspend the meeting until there is a quorum.] 
190. Vacation of seats. —(1) No person shall be a member of both 
Houses of the Legislature of a State and provision shall be made by the 
Legislature of the State by law for the vacation by a person who is chosen a 
member of both Houses of his seat in one house or the other. 
1. Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 31 (date not 

(Part VI.—The States) 85
(2) No person shall be a member of the Legislatures of two or more 
States specified in the First Schedule and if a person is chosen a member of the 
Legislatures of two or more such States, then, at the expiration of such period 
as may be specified in rules1 made by the President, that person's seat in the 
Legislatures of all such States shall become vacant, unless he has previously 
resigned his seat in the Legislatures of all but one of the States. 
(3) If a member of a House of the Legislature of a State— 
 (a) becomes subject to any of the disqualifications mentioned in 
2[clause (1) or clause (2) of article 191]; or 
 3[(b) resigns his seat by writing under his hand addressed to the 
speaker or the Chairman, as the case may be, and his resignation is 
accepted by the Speaker or the Chairman, as the case may be,] 
4[Provided that in the case of any resignation referred to in sub-clause ( b), 
if from information received or otherwise and after making such inquiry as he 
thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such 
resignation is not voluntary or genuine, he shall not accept such resignation.]  
(4) If for a period of sixty days a member of a House of the Legislature 
of a State is without permission of the House absent from all meetings thereof, 
the House may declare his seat vacant: 
191. Disqualifications for membership .—(1) A person shall be 
disqualified for being chosen as, and for being, a member of the Legislative 
Assembly or Legislative Council of a State— 
1. See the Prohibition of Simultaneous Membership Rules, 1950 published by the 
Ministry of Law Notification number F. 46/50-C, dated the 26th January, 1950, 
Gazette of India, Extraordinary, p. 678. 
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for "clause ( 1) of 
article 191" (w.e.f. 1-3-1985). 
3 Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3 (w.e.f. 19-5-1974).  
4. Ins. by s. 3, ibid. (w.e.f. 19-5-1974). 

(Part VI.—The States) 86
1[(a) if he holds any office of profit under the Government of India or 
the Government of any State specified in the First Schedule, other than 
an office declared by the Legislature of the State by law not to disqualify 
its holder;] 
court; 
2[Explanation. —For the purposes of this clause], a person shall not be 
Government of any State specified in the First Schedule by reason only that he 
is a Minister either for the Union or for such State. 
3[(2) A person shall be disqualified for being a member of the 
Legislative Assembly or Legislative Council of a State if he is so disqualified 
under the Tenth Schedule.] 
 4[192. Decision on questions as to disqualifications of members .—(1) 
If any question arises as to whether a member of a House of the Legislature of a 
State has become subject to any of the disqualifications mentioned in clause (1) 
of article 191, the question shall be referred for the decision of the Governor 
and his decision shall be final. 
 (2) Before giving any decision on any such question, the Governor shall 
opinion.] 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32 to read as "(a) if 
any State specified in the First Schedule as is declared by Parliament by law to 
disqualify its holder" (date not notified). This amendment was omitted by the 
Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979). 
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for "(2) For the 
3. Ins. by s. 5, ibid. (w.e.f. 1-3-1985). 
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33, for art. 192 
1978, s. 25, for art. 192 (w.e.f. 20-6-1979). 

(Part VI.—The States) 87
under article 188 or when not qualified or when disqualified .—If a person 
sits or votes as a member of the Legislative Assembly or the Legislative 
Council of a State before he has complied with the requirements of article 188, 
or when he knows that he is not qualified or that he is disqualified for 
membership thereof, or that he is prohibited from so doing by the provisions of 
any law made by Parliament or the Legislature of the State, he shall be liable in 
rupees to be recovered as a debt due to the State. 
Powers, Privileges and Immunities of State Legislatures 
 and their Members 
Constitution and to the rules and standing orders regulating the procedure of the 
Legislature, there shall be freedom of speech in the Legislature of every State. 
(2) No member of the Legislature of a State shall be liable to any 
proceedings in any court in respect of anything said or any vote given by him in 
the Legislature or any committee thereof, and no person shall be so liable in 
respect of the publication by or under the authority of a House of such a 
Legislature of any report, paper, votes or proceedings. 
1[(3) In other respects, the powers, privileges and immunities of a House 
of the Legislature of a State, and of the members and the committees of a 
House of such Legislature, shall be such as may from time to time be defined 
by the Legislature by law, and, until so defined, 2[shall be those of that House 
and of its members and committees immediately before the coming into force 
of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978]. 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 34 to read as 
follows. : 
"(3) In other respects, the powers, privileges and immunities of a House of the 
Legislature of  a State, and of the members and the committees of a House of such 
Legislature, shall be those of that House, and of its members and Committees, at the 
commencement of section 34 of the Constitution (Forty-second Amendment) Act, 
1976, and as may be evolved by such House of the House of the People, and of its 
members and committees where such House is the Legislative Assembly and in 
accordance with those of the Council of States, and of its members and committees 
where such House is the Legislative Council." (date not notified). This amendment 
was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45        
(w.e.f. 19-6-1979)." 
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain 

(Part VI.—The States) 88
otherwise to take part in the proceedings of, a House of the Legislature of a State 
or any committee thereof as they apply in relation to members of that Legislature. 
195. Salaries and allowances of members .—Members of the 
Legislative Assembly and the Legislative Council of a State shall be entitled to 
receive such salaries and allowances as may from time to time be determined, 
by the Legislature of the State by law and,  until provision in that respect is so 
made, salaries and allowances at such rates and upon such conditions as were 
immediately before the commencement of this Constitution applicable in the 
case of members of the Legislative Assembly of the corresponding Province. 
196. Provisions as to introduction and passing of Bills. —(1) Subject 
to the provisions of articles 198 and 207 with respect to Money Bills and other 
financial Bills, a Bill may originate in either House of the Legislature of a State 
which has a Legislative Council. 
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be 
deemed to have been passed by the Houses of the Legislature of a State having 
a Legislative Council unless it has been agreed to by both Houses, either 
without amendment or with such amendments only as are agreed to by both 
Houses. 
 (3) A Bill pending in the Legislature of a State shall not lapse by reason 
of the prorogation of the House or Houses thereof. 
 (4) A Bill pending in the Legislative Council of a State which has not 
been passed by the Legislative Assembly shall not lapse on a dissolution of the 
Assembly. 
 (5) A Bill which is pending in the Legislative Assembly of a State, or 
which having been passed by the Legislative Assembly is pending in the 
Legislative Council, shall lapse on a dissolution of the Assembly. 
 197. Restriction on powers of Legislative Council as to Bills other 
than Money Bills .—(1) If after a Bill has been passed by the Legislative 
Assembly of a State having a Legislative Council and transmitted to the 
Legislative Council— 
(a) the Bill is rejected by the Council; or 
(b) more than three months elapse from the date on which the Bill is 
laid before the Council without the Bill being passed by it; or 

(Part VI.—The States) 89
(c) the Bill is passed by the Council with amendments to which the 
Legislative Assembly does not agree; 
the Legislative Assembly may, subject to the rules regulating its procedure, pass the 
Bill again in the same or in any subsequent session with or without such amendments, 
if any, as have been made, suggested or agreed to by the Legislative Council and then 
transmit the Bill as so passed to the Legislative Council. 
 (2) If after a Bill has been so passed for the second time by the 
Legislative Assembly and transmitted to the Legislative Council— 
(b) more than one month elapses from the date on which the Bill is 
the Bill shall be deemed to have been passed by the Houses of the Legislature of the 
State in the form in which it was passed by the Legislative Assembly for the second 
time with such amendments, if any, as have been made or suggested by the Legislative 
Council and agreed to by the Legislative Assembly. 
(3) Nothing in this article shall apply to a Money Bill. 
198. Special procedure in respect of Money Bills .—(1) A Money Bill 
shall not be introduced in a Legislative Council. 
(2) After a Money Bill has been passed by the Legislative Assembly of a 
State having a Legislative Council, it shall be transmitted to the Legislative 
Council for its recommendations, and the Legislative Council shall within a 
period of fourteen days from the date of its receipt of the Bill return the Bill to the 
Legislative Assembly with its recommendations, and the Legislative Assembly 
may thereupon either accept or reject all or any of the recommendations of the 
Legislative Council. 
(3) If the Legislative Assembly accepts any of the recommendations of 
the Legislative Council, the Money Bill shall be deemed to have been passed 
by both Houses with the amendments recommended by the Legislative Council 
and accepted by the Legislative Assembly. 
(4) If the Legislative Assembly does not accept any of the 
recommendations of the Legislative Council, the Money Bill shall be deemed 
to have been passed by both Houses in the form in which it was passed by the 
Legislative Assembly without any of the amendments recommended by the 

(Part VI.—The States) 90
(5) If a Money Bill passed by the Legislative Assembly and transmitted 
to the Legislative Council for its recommendations is not returned to the 
Legislative Assembly within the said period of fourteen days, it shall be 
deemed to have been passed by both Houses at the expiration of the said period 
in the form in which it was passed by the Legislative Assembly. 
199. Definition of “Money Bills”. —(1) For the purposes of this 
(a) the imposition, abolition, remission, alteration or regulation of any tax; 
guarantee by the State, or the amendment of the law with respect to any 
financial obligations undertaken or to be undertaken by the State; 
(c) the custody of the Consolidated Fund or the Contingency Fund 
of the State, the payment of moneys into or the withdrawal of moneys 
from any such Fund; 
(d) the appropriation of moneys out of the Consolidated Fund of 
the State; 
(e) the declaring of any expenditure to be expenditure charged on 
the Consolidated Fund of the State, or the increasing of the amount of 
any such expenditure; 
(f) the receipt of money on account of the Consolidated Fund of the 
State or the public account of the State or the custody or issue of such 
money; or 
(g) any matter incidental to any of  the matters specified in           
sub-clauses  ( a)  to (f). 
(3) If any question arises whether a Bill introduced in the Legislature of 
a State which has a Legislative Council is a Money Bill or not, the decision of 
the Speaker of the Legislative Assembly of such State thereon shall be final. 

(Part VI.—The States) 91
to the Legislative Council under article 198, and when it is presented to the 
Governor for assent under article 200, the certificate of the Speaker of the 
Legislative Assembly signed by him that it is a Money Bill. 
200. Assent to Bills. —When a Bill has been passed by the Legislative 
Assembly of a State or, in the case of a State having a Legislative Council, has 
been passed by both Houses of the Legislature of the State, it shall be presented 
to the Governor and the Governor shall declare either that he assents to the Bill 
or that he withholds assent therefrom or that he reserves the Bill for the 
consideration of the President: 
Provided that the Governor may, as soon as possible after the 
presentation to him of the Bill for assent, return the Bill if it is not a Money Bill 
together with a message requesting that the House or Houses will reconsider 
the Bill or any specified provisions thereof and, in particular, will consider the 
desirability of introducing any such amendments as he may recommend in his 
message and, when a Bill is so returned, the House or Houses shall reconsider 
the Bill accordingly, and if the Bill is passed again by the House or Houses 
with or without amendment and presented to the Governor for assent, the 
Governor shall not withhold assent therefrom: 
Provided further that the Governor shall not assent to, but shall reserve 
for the consideration of the President, any Bill which in the opinion of the 
Governor would, if it became law, so derogate from the powers of the High 
Court as to endanger the position which that Court is by this Constitution 
designed to fill. 
201. Bills reserved for consideration .—When a Bill is reserved by a 
Governor for the consideration of the President, the President shall declare 
either that he assents to the Bill or that he withholds assent therefrom: 
Provided that, where the Bill is not a Money Bill, the President may 
direct the Governor to return the Bill to the House or, as the case may be, the 
Houses of the Legislature of the State together with such a message as is 
mentioned in the first proviso to article 200 and, when a Bill is so returned, the 
House or Houses shall reconsider it accordingly within a period of six months 
from the date of receipt of such message and, if it is again passed by the House 
or Houses with or without amendment, it shall be presented again to the 
President for his consideration. 

(Part VI.—The States) 92
202. Annual financial statement. —(1) The Governor shall in respect of 
every financial year cause to be laid before the House or Houses of the 
Legislature of the State a statement of the estimated receipts and expenditure of 
the State for that year, in this Part referred to as the “annual financial 
statement”. 
Constitution as expenditure charged upon the Consolidated Fund of the 
State; and 
(b) the sums required to meet other expenditure proposed to be made 
from the Consolidated Fund  of the State; 
Consolidated Fund of each State— 
(a) the emoluments and allowances of the Governor and other 
(b) the salaries and allowances of the Speaker and the Deputy 
Speaker of the Legislative Assembly and, in the case of a State having a 
Legislative Council, also of the Chairman and the Deputy Chairman of 
the Legislative Council; 
(c) debt charges for which the State is liable including interest, 
sinking fund charges and redemption charges, and other expenditure 
relating to the raising of loans and the service and redemption of debt; 
(d) expenditure in respect of the salaries and allowances of Judges of 
any High Court; 
(e) any sums required to satisfy any judgment, decree or award of any 
court or arbitral tribunal; 
(f) any other expenditure declared by this Constitution, or by the 
Legislature of the State by law, to be so charged. 
203. Procedure in Legislature with respect to estimates .—(1) So 
Fund of a State shall not be submitted to the vote of the Legislative Assembly, 
but nothing in this clause shall be construed as preventing the discussion in the 
Legislature of any of those estimates. 

(Part VI.—The States) 93
submitted in the form of demands for grants to the Legislative Assembly, and 
the Legislative Assembly shall have power to assent, or to refuse to  assent, to 
any demand, or to assent to any demand subject to a reduction of the amount 
of the Governor. 
204. Appropriation Bills. —(1) As soon as may be after the grants under 
article 203 have been made by the Assembly, there shall be introduced a Bill to 
provide for the appropriation out of the Consolidated Fund of the State of all 
moneys required to meet— 
(a) the grants so made by the Assembly; and 
(b) the expenditure charged on the Consolidated Fund of the State but 
laid before the House or Houses. 
(2) No amendment shall be proposed to any such Bill in the House or 
either House of the Legislature of the State which will have the effect of 
varying the amount or altering the destination of any grant so made or of 
varying the amount of any expenditure charged on the Consolidated Fund of 
the State, and the decision of the person presiding as to whether an amendment 
is inadmissible under this clause shall be final. 
(3) Subject to the provisions of articles 205 and 206, no money shall be 
withdrawn from the Consolidated Fund of the State except under appropriation 
205. Supplementary, additional or excess grants.— (1) The Governor 
shall— 
(a) if the amount authorised by any law made in accordance with the 
provisions of article 204 to be expended for a particular service for the 
(b) if any money has been spent on any service during a financial 

(Part VI.—The States) 94
cause to be laid before the House or the Houses of the Legislature of the State 
another statement showing the estimated amount of that expenditure or cause to 
be presented to the Legislative Assembly of the State a demand for such excess, 
as the case may be. 
(2) The provisions of articles 202, 203 and 204 shall have effect in 
Fund of the State to meet such expenditure or the grant in respect of such 
demand as they have effect in relation to the annual financial statement and the 
Fund of the State to meet such expenditure or grant. 
206. Votes on account, votes of credit and exceptional grants. —(1) 
Notwithstanding anything in the foregoing provisions of this Chapter, the 
Legislative Assembly of a State shall have power— 
the procedure prescribed in article 203 for the voting of such grant and 
the passing of the law in accordance with the provisions of article 204 in 
resources of the State when on account of the magnitude or the indefinite 
service of any financial year; 
and the Legislature of the State shall have power to authorise by law the 
withdrawal of moneys from the Consolidated Fund of the State for the purposes 
for which the said grants are made. 
(2) The provisions of articles 203 and 204 shall have effect in relation to 
of the State to meet such expenditure. 

(Part VI.—The States) 95
207. Special provisions as to financial Bills. —(1) A Bill or amendment 
making provision for any of the matters specified in sub-clauses  (a) to (f) of 
clause (1) of article 199 shall not be introduced or moved except on the 
recommendation of the Governor, and a Bill making such provision shall not be 
introduced in a Legislative Council: 
any tax. 
expenditure from the Consolidated Fund of a State shall not be passed by a 
House of the Legislature of the State unless the Governor has recommended to 
that House the consideration of the Bill. 
208. Rules of procedure .—(1) A House of the Legislature of a State 
may make rules for regulating, subject to the provisions of this  Constitution, its 
procedure and the conduct of its business. 
Constitution with respect to the Legislature for the corresponding Province shall 
have effect in relation to the Legislature of the State subject to such modifications 
and adaptations as may  be made therein by the Speaker of the Legislative 
Assembly, or the Chairman of the Legislative Council, as the case may be. 
(3) In a State having a Legislative Council the Governor, after 
consultation with the Speaker of the Legislative Assembly and the Chairman of 
the Legislative Council, may make rules as to the procedure with respect to 
communications between the two Houses. 
 The brackets and words "(including the quorum to constitute a meeting of the House)" 
ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 35 (date not notified). 
1978, s. 45 (w.e.f. 20-6-1979). 

(Part VI.—The States) 96
relation to financial business. —The Legislature of a State may, for the purpose 
of the timely completion of financial business, regulate by law the procedure of, 
and the conduct of business in, the House or Houses of the Legislature of the 
State in relation to any financial matter or to any Bill for the appropriation of 
moneys out of the Consolidated Fund of the State, and, if and so far as any 
provision of any law so made is inconsistent with any rule made by the House or 
either House of the Legislature of the State under clause (1) of article 208 or with 
any rule or standing order having effect in relation to the Legislature of the State 
under clause (2) of that article, such provision shall prevail. 
210. Language to be used in the Legislature .—(1) Notwithstanding 
anything in Part XVII, but subject to the provisions of article 348, business in 
the Legislature of a State shall be transacted in the official language or 
languages of the State or in Hindi or in English: 
Provided that the Speaker of the Legislative Assembly or Chairman of 
the Legislative Council, or person acting as such, as the case may be, may 
permit any member who cannot adequately express himself in any of the 
languages aforesaid to address the House in his mother-tongue. 
(2) Unless the Legislature of the State by law otherwise provides, this 
article shall, after the expiration of a period of fifteen years from the 
commencement of this Constitution, have effect as if the words “or in English” 
were omitted therefrom: 
1[Provided that in relation to the 2[Legislatures of the States of Himachal 
Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for 
the words “fifteen years” occurring therein, the words “twenty-five years” were 
substituted:] 
3[Provided further that in relation to the 4[Legislatures of the States of 
5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for 
the words "fifteen years" occurring therein, the words "forty years" were 
substituted.] 
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for 
"Legislature of the State of Himachal Pradesh" (w.e.f. 21-1-1972). 
3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 
4. Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for "Legislature 
of the State of Mizoram" (w.e.f. 20-2-1987). 
5. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for 
"Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987). 

(Part VI.—The States) 97
211. Restriction on discussion in the Legislature. —No  discussion 
shall take place in the Legislature of a State with respect to the conduct of any 
Judge of the Supreme Court or of a High Court in the discharge of his duties. 
212. Courts not to inquire into proceedings of the Legislature. —(1) 
The validity of any proceedings in the Legislature of a State shall not be called 
in question on the ground of any alleged irregularity of procedure. 
(2) No officer or member of the Legislature of a State in whom powers 
are vested by or under this Constitution for regulating procedure or the conduct 
of business, or for maintaining order, in the Legislature shall be subject to the 
jurisdiction of any court in respect of the exercise by him of those powers. 
CHAPTER IV.—L EGISLATIVE POWER OF THE GOVERNOR  
213. Power of Governor to promulgate Ordinances during recess of 
Legislature. —(1) If at any time, except when the Legislative Assembly of a 
State is in session, or where there is a Legislative Council in a State, except 
when both Houses of the Legislature are in session, the Governor is satisfied 
that circumstances exist which render it necessary for him to take immediate 
action, he may promulgate  such Ordinances as the circumstances appear to 
him to require: 
Provided that the Governor shall not, without instructions from the 
President, promulgate any such Ordinance if— 
(a) a Bill containing the same provisions would under this 
Constitution have required the previous sanction of the President for the 
introduction thereof into the Legislature; or 
(b) he would have deemed it necessary to reserve a  Bill 
containing the same provisions for the consideration of the President; or 
(c) an Act of the Legislature of the State containing the same 
provisions would under this Constitution have been invalid unless, 
having been reserved for the consideration of the President, it had 
received the assent of the President. 
force and effect as an Act of the Legislature of the State assented to by the 
Governor, but every such Ordinance—                                            
 
(Part VI.—The States) 98
(a) shall be laid before the Legislative Assembly of the State, or 
where there is a Legislative Council in the State, before both the Houses, 
and shall cease to operate at the expiration of six weeks from the 
reassembly of the Legislature, or if before the expiration of that period a 
resolution disapproving it is passed by the Legislative Assembly and 
agreed to by the Legislative Council, if any, upon the passing of the 
resolution or, as the case may be, on the resolution being agreed to by 
the Council; and 
(b) may be withdrawn at any time by the Governor. 
Explanation.— Where the Houses of the Legislature of a State having a 
Legislative Council are summoned to reassemble on different dates, the period 
of six weeks shall be reckoned from the later of those dates for the purposes of 
this clause. 
(3) If and so far as an Ordinance under this article makes any provision 
which would not be valid if enacted in an Act of the Legislature of the State 
assented to by the Governor, it shall be void: 
Provided that, for the purposes of the provisions of this Constitution 
relating to the effect of an Act of the Legislature of a State which is repugnant 
to an Act of Parliament or an existing law with respect to a matter enumerated 
in the Concurrent List, an Ordinance promulgated under this article in 
pursuance of instructions from the President shall be deemed to be an Act of 
the Legislature of the State which has been reserved for the consideration of the 
President and assented to by him. 
1(4)*                  *                           *                          *   
CHAPTER V.—THE HIGH COURTS IN THE STATES 
214. High Courts for States. —2*** There shall be a High Court for each 
State. 
3(2)*                          *                            *                            *   
3(3)*                          *                            *                            *   
215. High Courts to be courts of record. —Every High Court shall be a 
court of record and shall have all the powers of such a court including the 
power to punish for contempt of itself. 
1. Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (with 
retrospective effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 
1978, s. 27 (w.e.f. 20-6-1979). 
2. The bracket and figure "(1)" omitted by the Constitution (Seventh Amendment) Act, 
3. Cls. (2) and (3) omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 

(Part VI.—The States) 99
216. Constitution of High Courts .—Every High Court shall consist of a 
Chief Justice and such other Judges as the President may from time to time 
deem it necessary to appoint. 
1*           *                       *                           *                          *   
217. Appointment and conditions of the office of a Judge of a High 
Court.—(1) Every Judge of a High Court shall be appointed by the President 
by warrant under his hand and seal 2[on the recommendation of the National 
Judicial Appointments Commission referred to in article 124A], and the 
Governor of the State, and, in the case of appointment of a Judge other than the 
Chief Justice, the Chief Justice of the High Court,  3[shall hold office, in the 
case of an additional or acting Judge, as provided in article 224, and in any 
other case, until he attains the age of 4[sixty-two years:]] 
(a) a Judge may, by writing under his hand addressed to the 
(b) a Judge may be removed from his office by the President in the 
manner provided in clause (4) of article 124 for the removal of a Judge 
of the Supreme Court; 
(c) the office of a Judge shall be vacated by his being appointed by 
the President to be a Judge of the Supreme Court or by his being 
transferred by the President to any other High Court within the territory 
of India. 
(2) A person shall not be qualified for appointment as a Judge of a High 
Court unless he is a citizen of India and— 
(a) has for at least ten years held a judicial office in the territory of 
India; or 
1. Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, s. 11     
2. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6,  for "after 
consultation with the Chief Justice of India, the Governor of the State, and, in the case 
of appointment of a Judge other than the Chief Justice, the Chief Justice of the High 
Court"  (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme 
Court in the case of Supreme Court Advocates-on-Record Association and Another Vs. 
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.  
3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office 
until he attains the age of sixty years" (w.e.f. 1-11-1956). 
4. Subs. by the Constitution (Fifteenth  Amendment) Act, 1963, s. 4( a), for "sixty years" 
(w.e.f. 5-10-1963). 

(Part VI.—The States) 100
(b) has for at least ten years been an advocate of a High Court 
1*** or of two or more such Courts in succession.2***  
2(c)*                  *                       *                       *                        *   
Explanation.— For the purposes of this clause— 
3[(a) in computing the period during which a person has held 
judicial office in the territory of India, there shall be included any period, 
after he has held any judicial office, during which the person has been an 
advocate of a High Court or has held the office of a member of a tribunal 
or any post, under the Union or a State, requiring special knowledge of 
law;] 
4[(aa)] in computing the period during which a person has been an 
advocate of a High Court, there shall be included any period during 
which the person 5[has held judicial office or the office of a member of a 
tribunal or any post, under the Union or a State, requiring special 
knowledge of law] after he became an advocate; 
(b) in computing the period during which a person has held judicial 
office in the territory of India or been an advocate of a High Court, there 
shall be included any period before the commencement of this 
Constitution during which he has held judicial office in any area which 
was comprised before the fifteenth day of August, 1947, within India as 
defined by the Government of India Act, 1935, or has been an advocate 
of any High Court in any such area, as the case may be. 
6[(3) If any question arises as to the age of a Judge of a High Court, the 
question shall be decided by the President after consultation with the Chief 
Justice of India and the decision of the President shall be final.] 
1. The words "in any State specified in the First Schedule" omitted by the Constitution 
2. The word "or" and  sub-clause (c) were ins. by the Constitution (Forty-second 
Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution  
(Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979). 
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. s. 28 (w.e.f. 20-6-1979).  
4. Cl. (a) re-lettered as cl. (aa) by the Constitution (Forty-fourth Amendment) Act, 1978, 
s. 28 (w.e.f. 20-6-1979). 
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for "has held 
judicial office" (w.e.f. 3-1-1977). 
6. Ins. by the Constitution (Fifteenth  Amendment) Act, 1963, s. 4( b), (with retrospective 
effect). 

(Part VI.—The States) 101
218. Application of certain provisions relating to Supreme Court to 
High Courts .—The provisions of clauses (4) and (5) of article 124 shall apply 
in relation to a High Court as they apply in relation to the Supreme Court with 
the substitution of references to the High Court for references to the Supreme 
Court. 
219. Oath or affirmation by Judges of High Courts. —Every person 
appointed to be a Judge of a High Court 1*** shall, before he enters upon his 
office, make and subscribe before the Governor of the State, or some person 
appointed in that behalf by him, an oath or affirmation according to the form 
set out for the purpose in the Third Schedule. 
2[220. Restriction on practice after being a permanent Judge .—No 
person who, after the commencement of this Constitution, has held office as a 
permanent Judge of a High Court shall plead or act in any court or before any 
authority in India except the Supreme Court and the other High Courts. 
Explanation.— In this article, the expression “High Court” does not 
include a High Court for a State specified in Part B of the First Schedule as it 
existed before the commencement3 of the Constitution (Seventh Amendment) 
Act, 1956.] 
221. Salaries, etc., of Judges. —4[(1) There shall be paid to the Judges 
of each High Court such salaries as may be determined by Parliament by law 
(2) Every Judge shall be entitled to such allowances and to such rights in 
respect of leave of absence and pension as may from time to time be 
determined by or under law made by Parliament and, until so determined, to 
such allowances and rights as are specified in the Second Schedule: 
Provided that neither the allowances of a Judge nor his rights in respect 
to leave of absence or pension shall be varied to his disadvantage after his 
appointment. 
1. The words "in a State" omitted by the Constitution (Seventh Amendment) Act, 1956,   
s. 29 and Sch. (w.e.f. 1-11-1956). 
2. Subs. by s. 13, ibid. (w.e.f. 1-11-1956). 
3. 1st November, 1956. 
4. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for clause (1) 

(Part VI.—The States) 102
222. Transfer of a Judge from one High Court to another. —(1) The 
President may, 1[on the recommendation of the National Judicial Appointments 
Commission referred to in article 124A], transfer a Judge from one High Court 
to any other High Court 2***. 
3[(2) When a Judge has been or is so transferred, he shall, during the 
period he serves, after the commencement of the Constitution (Fifteenth 
Amendment) Act, 1963, as a Judge of the other High Court, be entitled to 
receive in addition to his salary such compensatory allowance as may be 
determined by Parliament by law and, until so determined, such compensatory 
allowance as the President may by order fix.] 
223. Appointment of acting Chief Justice .—When the office of Chief 
Justice of a High Court is vacant or when any such Chief Justice is, by reason 
of absence or otherwise, unable to perform the duties of his office, the duties of 
the office shall be performed by such one of the other Judges of the Court as 
the President may appoint for the purpose. 
4[224. Appointment of additional and acting Judges .—(1) If by 
reason of any temporary increase in the business of a High Court or by reason 
of arrears of work therein, it appears to the President that the number of the 
Judges of that Court should be for the time being increased, 5[the President 
may, in consultation with the National Judicial Appointments Commission, 
appoint] duly qualified persons to be additional Judges of the Court for such 
period not exceeding two years as he may specify. 
 (2) When any Judge of a High Court other than the Chief Justice is by 
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7,  for "after 
consultation with the Chief Justice of India" (w.e.f. 13-4-2015). This amendment has 
been struck down by the Supreme Court in the case of Supreme Court Advocates-on-
Record Association and Another Vs. Union of India in its judgment dated 16-10-2015, 
AIR 2016 SC 117. 
2. The words "within the territory of India" omitted by the Constitution (Seventh 
Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956). 
3. Ins. by the Constitution (Fifteenth  Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 
Original cl. ( 2) was omitted  by the Constitution (Seventh Amendment) Act, 1956,       
s. 14 (w.e.f. 1-11-1956).  
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 for art. 224         
5. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8,  for "the 
President may appoint" (w.e.f. 13-4-2015). This amendment has been struck down, by 
the Supreme Court in the case of Supreme Court Advocates-on-Record Association 
and Another  Vs. Union of India  in its judgment, dated 16-10-2015, AIR 2016 SC 117. 

(Part VI.—The States) 103
reason of absence or for any other reason unable to perform the duties of his 
office or is appointed to act temporarily as Chief Justice, 1[the President may, 
in consultation with the National Judicial Appointments Commission, appoint] 
a duly qualified person to act as a Judge of that Court until the permanent Judge 
has resumed his duties. 
 (3) No person appointed as an additional or acting Judge of a High 
Court shall hold office after attaining the age of 2[sixty-two years].] 
3[224A. Appointment of  retired Judges at sittings of  High Courts .—
Notwithstanding anything in this Chapter, 4[the National Judicial Appointments 
Commission on a reference made to it by the Chief Justice of a High Court for 
any State, may with the previous consent of the President], request any person 
who has held the office of a Judge of that Court or of any other High Court to 
sit and act as a Judge of the High Court for that State, and every such person so 
requested shall, while so sitting and acting, be entitled to such allowances as 
the President may by order determine and have all the jurisdiction, powers and 
privileges of, but shall not otherwise be deemed to be, a Judge of that High 
Court: 
person as aforesaid to sit and act as a Judge of that High Court unless he 
consents so to do.] 
225. Jurisdiction of existing High Courts .—Subject to the provisions 
of this Constitution and to the provisions of any law of the appropriate 
Legislature made by virtue of powers conferred on that Legislature by this 
Constitution, the jurisdiction of, and the law administered in, any existing High 
Court, and the respective powers of the Judges thereof in relation to the 
administration of justice in the Court, including any power to make rules of 
Court and to regulate the sittings of the Court and of members thereof sitting 
alone or in Division Courts, shall be the same as immediately before the 
commencement of this Constitution: 
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8 for "the President 
may appoint" (w.e.f. 13-4-2015). This amendment has been struck down by the 
Supreme Court in the case of Supreme Court Advocates-on-Record Association and 
Another Vs. Union of India  in its judgment, dated 16-10-2015, AIR 2016 SC 117.  
2 Subs. by the Constitution (Fifteenth  Amendment) Act, 1963, s. 6, for "sixty years" 
3. Ins. by s. 7,  ibid. (w.e.f. 5-10-1963). 
4. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014,  s. 9, for "the Chief 
Justice of a High Court for any State may at any time, with the previous consent of the 
President"  (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme 
Court in the case of Supreme Court Advocates-on-Record Association and Another Vs . 
Union of India  in its judgment dated 16-10-2015, AIR 2016 SC 117.   

(Part VI.—The States) 104
1[Provided that any restriction to which the exercise of original 
jurisdiction by any of the High Courts with respect to any matter concerning 
the revenue or concerning any act ordered or done in the collection thereof was 
subject immediately before the commencement of this Constitution shall no 
longer apply to the exercise of such jurisdiction.] 
2[226. Power of High Courts to issue certain writs. —(1) 
Notwithstanding anything in article 32 3***, every High Court shall have 
power, throughout the territories in relation to which it exercises jurisdiction, to 
issue to any person or authority, including in appropriate cases, any 
Government, within those territories directions, orders or writs, including 
4[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto 
and certiorari, or any of them, for the enforcement of any of the rights 
conferred by Part III and for any other purpose.] 
(2) The power conferred by clause (1) to issue directions, orders or writs 
to any Government, authority or person may also be exercised by any High 
Court exercising jurisdiction in relation to the territories within which the cause 
of action, wholly or in part, arises for the exercise of such power, 
notwithstanding that the seat of such Government or authority or the residence 
of such person is not within those territories. 
5[(3) Where any party against whom an interim order, whether by way of 
injunction or stay or in any other manner, is made on, or in any proceedings 
relating to, a petition under clause (1), without— 
(a) furnishing to such party copies of such petition and all documents 
in support of the plea for such interim order; and 
1. Omitted by the Constitution (Forty-second Amendment)  Act, 1976, s. 37              
(w.e.f. 1-2-1977) and subsequently ins. by the Constitution (Forty-fourth Amendment) 
Act, 1978, s. 29 (w.e.f. 20-6-1979).  
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38 for art. 226                  
(w.e.f. 1-2-1977).   
3. The words, figures and letters "but subject to the provisions of article 131A and article 
226A" omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7        
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion 
beginning with "writs in the nature of habeas corpus, mandamus, prohibition, quo 
warranto and certiorari,  or any of them" and ending with "such illegality has resulted 
in substantial failure of justice." (w.e.f. 1-8-1979).  
5. Subs. by s.30,  ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979). 

(Part VI.—The States) 105
(b) giving such party an opportunity of being heard, 
makes an application to the High Court for the vacation of such order and 
furnishes a copy of such application to the party in whose favour such order has 
been made or the counsel of such party, the High Court shall dispose of the 
application within a period of two weeks from the date on which it is received or 
from the date on which the copy of such application is so furnished, whichever is 
later, or where the High Court is closed on the last day of that period, before the 
expiry of the next day afterwards on which the High Court is open; and if the 
application is not so disposed of, the interim order shall, on the expiry of that 
period, or, as the case may be, the expiry of the said next day, stand vacated.] 
1[(4) The power conferred on a High Court by this article shall not be in 
derogation of the power conferred on the Supreme Court by clause (2) of article 32.] 
2[226A. Constitutional validity of Central laws not to be considered in 
proceedings under article 226.].—Omitted by the Constitution (Forty-third 
Amendment ) Act, 1977, s. 8 (w.e.f. 13-4-1978). 
227. Power of superintendence over all courts by the High Court .—
3[(1) Every High Court shall have superintendence over all courts and tribunals 
throughout the territories in relation to which it exercises jurisdiction.] 
High Court may— 
(a) call for returns from such courts; 
(b) make and issue general rules and prescribe forms for regulating 
the practice and proceedings of such courts; and 
(c) prescribe forms in which books, entries and accounts shall be kept 
by the officers of any such courts. 
(3) The High Court may also settle tables of fees to be allowed to the 
sheriff and all clerks and officers of such courts and to attorneys, advocates and 
pleaders practising therein: 
1. Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978, 
s. 30 (w.e.f. 1-8-1979). 
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).               
3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 40, for cl. (1) 
(w.e.f. 1-2-1977) and further subs. by the Constitution (Forty-fourth Amendment)   
Act, 1978, s. 31, for cl. (1) (w.e.f. 20-6-1979).   

(Part VI.—The States) 106
Provided that any rules made, forms prescribed or tables settled under 
clause (2) or clause (3) shall not be inconsistent with the provision of any law 
for the time being in force, and shall require the previous approval of the 
Governor. 
(4) Nothing in this article shall be deemed to confer on a High Court 
powers of superintendence over any court or tribunal constituted by or under 
any law relating to the Armed Forces. 
1(5)*                            *                             *                             *  
228. Transfer of certain cases to High Court. —If the High Court is 
satisfied that a case pending in a court subordinate to it involves a substantial 
question of law as to the interpretation of this Constitution the determination of 
which is necessary for the disposal of the case, 2[it shall withdraw the case and 
3*** may—] 
(a) either dispose of the case itself, or 
(b) determine the said question of law and return the case to the 
court from which the case has been so withdrawn together with a copy of 
its judgment on such question, and the said court shall on receipt thereof 
proceed to dispose of the case in conformity with such judgment. 
4[228A. Special provisions as to disposal of questions relating to 
constitutional validity of State laws. ].—Omitted by the Constitution (Forty-
third Amendment ) Act, 1977, s. 10 (w.e.f.  13-4-1978 ). 
229. Officers and servants and the expenses of High Courts. —(1)  
Appointments of officers and servants of a High Court shall be made by the Chief 
Justice of the Court or such other Judge or officer of the Court as he may direct: 
1. Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40  
(w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment)          
Act, 1978, s. 31 (w.e.f. 20-6-1979).   
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall 
withdraw the case and may —" (w.e.f. 1-2-1977). 
3. The words, figures and letter, "subject to the provisions of article 131A," omitted by 
the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).   
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977). 

(Part VI.—The States) 107
Provided that the Governor of the State 1*** may by rule require that in 
such cases as may be specified in the rule no person not already attached to the 
Court shall be appointed to any office connected with the Court save after 
consultation with the State Public Service Commission. 
(2) Subject to the provisions of any law made by the Legislature of the 
State, the conditions of service of officers and servants of a High Court shall be 
such as may be prescribed by rules made by the Chief Justice of the Court or by 
some other Judge or officer of the Court authorised by the Chief Justice to 
make rules for the purpose: 
to salaries, allowances, leave or pensions, require the approval of the Governor 
of the State 1***. 
(3) The administrative expenses of a High Court, including all salaries, 
allowances and pensions payable to or in respect of the officers and servants of 
the Court, shall be charged upon the Consolidated Fund of the State, and any 
fees or other moneys taken by the Court shall form part of that Fund. 
2[230. Extension of jurisdiction of High Courts to Union 
territories. —(1) Parliament may by law extend the jurisdiction of a High Court 
to, or exclude the jurisdiction of a High Court from, any Union territory. 
(2) Where the High Court of a State exercises jurisdiction in relation to a 
Union territory,— 
(a) nothing in this Constitution shall be construed as empowering the 
Legislature of the State to increase, restrict or abolish that jurisdiction; and 
(b) the reference in article 227 to the Governor shall, in relation to 
any rules, forms or tables for subordinate courts in that territory, be 
construed as a reference to the President. 
231. Establishment of a common High Court for two or more 
States.—(1) Notwithstanding anything contained in the preceding provisions of 
this Chapter, Parliament may by law establish a common High Court for two or 
more States or for two or more States and a Union territory. 
(2) In relation to any such High Court,— 
1. The words "in which the High Court has its principal seat" omitted by the Constitution 
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).  
2. Subs. by s. 16, ibid., for arts. 230, 231 and 232 (w.e.f. 1-11-1956). 

(Part VI.—The States) 108
1(a)*        *                    *               *                        * 
any rules, forms or tables for subordinate courts, be construed as a 
reference to the Governor of the State in which the subordinate courts 
are situate; and 
(c) the references in articles 219 and 229 to the State shall be 
construed as a reference to the State in which the High Court has its 
principal seat: 
Provided that if such principal seat is in a Union territory, the references 
in articles 219 and 229 to the Governor, Public Service Commission, 
Legislature and Consolidated Fund of the State shall be construed respectively 
as references to the President, Union Public Service Commission, Parliament 
and Consolidated Fund of India.] 
[232. Interpretation.—Articles 230, 231 and 232 subs. by articles 230 
and 231 by the Constitution (Seventh Amendment) Act, 1956, s. 16             
(w.e.f. 1-11-1956)].   
CHAPTER VI.—S UBORDINATE  COURTS 
233.  Appointment of district judges .—(1) Appointments of persons to 
be, and the posting and promotion of, district judges in any State shall be made 
by the Governor of the State in consultation with the High Court exercising 
jurisdiction in relation to such State. 
(2) A person not already in the service of the Union or of the State shall 
only be eligible to be appointed a district judge if he has been for not less than 
seven years an advocate or a pleader and is recommended by the High Court 
for appointment. 
1. Sub-clause (a) omitted by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 10 
(w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide 
its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association and 
Another Vs. Union of India reported  AIR 2016 SC 117. Before amendment, sub-
clause (a) was as under: —  
"(a) the reference in article 217 to the Governor of the State shall be construed as 
reference to the Governors of all the States in relation to which the High Court 
exercises jurisdiction;".   

(Part VI.—The States) 109
1[233A. Validation  of  appointments  of,  and  judgments,  etc.,  
delivered  by,  certain district  judges. —Notwithstanding any judgment, 
decree or order of any court,— 
(a) (i) no appointment of any person already in the judicial service 
of a State or of any person who has been for not less than seven years an 
advocate or a pleader, to be a district judge in that State, and 
(ii) no posting, promotion or transfer of any such person as a 
district judge,  
made at any time before the commencement of the Constitution (Twentieth 
Amendment) Act, 1966, otherwise than in accordance with the provisions 
of article 233 or article 235 shall be deemed to be illegal or void or ever to 
have become illegal or void by reason only of the fact that such 
appointment, posting, promotion or transfer was not made in accordance 
with the said provisions; 
(b) no jurisdiction exercised, no judgment, decree, sentence or order 
passed or made, and no other act or proceeding done or taken, before the 
commencement of the Constitution (Twentieth Amendment) Act, 1966 
by, or before, any person appointed, posted, promoted or transferred as a 
district judge in any State otherwise than in accordance with the 
provisions of article 233 or article 235 shall be deemed to be illegal or 
invalid or ever to have become illegal or invalid by reason only of the 
fact that such appointment, posting, promotion or transfer was not made 
in accordance with the said provisions.] 
service.—Appointments of persons other than district judges to the judicial service 
of a State shall be made by the Governor of the State in accordance with rules made 
by him in that behalf after consultation with the State Public Service Commission 
and with the High Court exercising jurisdiction in relation to such State. 
235. Control over subordinate courts. —The control over district 
courts and courts subordinate thereto including the posting and promotion of, 
and the grant of leave to, persons belonging to the judicial service of a State 
and holding any post inferior to the post of district judge shall be vested in the 
High Court, but nothing in this article shall be construed as taking away from 
any such person any right of appeal which he may have under the law 
regulating the conditions of his service or as authorising the High Court to deal 
with him otherwise than in accordance with the conditions of his service 
prescribed under such law. 
1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966). 

(Part VI.—The States) 110
236. Interpretation. —In this Chapter— 
(a) the expression “district judge” includes judge of a city civil court, 
additional district judge, joint district judge, assistant district judge, chief 
judge of a small cause court, chief presidency magistrate, additional 
chief presidency magistrate, sessions judge, additional sessions judge 
and assistant sessions Judge; 
(b) the expression “judicial service” means a service consisting 
exclusively of persons intended to fill the post of district judge and other 
civil judicial posts inferior to the post of district judge. 
237. Application  of the provisions of  this Chapter to certain class or 
classes of magistrates. —The Governor may by public notification direct that 
the foregoing provisions of this Chapter and any rules made thereunder shall 
with effect from such date as may be fixed by him in that behalf apply in 
relation to any class or classes of magistrates in the State as they apply in 
relation to persons appointed to the judicial service of the State subject to such 
exceptions and modifications as may be specified in the notification.   

 111PART VII 
 
[The States in Part B of the First Schedule ]. 
 
 Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and 
Sch. (w.e.f.  1-11-1956)  

 112PART VIII 
1[THE UNION TERRITORIES] 
2[239. Administration of Union territories.— (1) Save as otherwise 
provided by Parliament by law, every Union territory shall be administered by 
the President acting, to such extent as he thinks fit, through an administrator to 
be appointed by him with such designation as he may specify. 
(2) Notwithstanding anything contained in Part VI, the President may 
appoint the Governor of a State as the administrator of an adjoining Union 
territory, and where a Governor is so appointed, he shall exercise his functions 
as such administrator independently of his Council of Ministers.] 
3[239A. Creation of local Legislatures or Council of Ministers or 
both for certain Union territories.— (1) Parliament may by law create 4[for 
the Union territory of 5[Puducherry]]— 
 (a) a body, whether elected or partly nominated and partly elected, to 
function as a Legislature for the Union territory, or 
(b) a Council of Ministers, 
or both with such constitution, powers and functions, in each case, as may be 
specified in the law. 
(2) Any such law as is referred to in clause (1) shall not be deemed to be 
an amendment of this Constitution for the purposes of article 368 
notwithstanding that it contains any provision which amends or has the effect 
of amending this Constitution.] 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for  the heading 
"THE STATES IN PART C OF THE FIRST SCHEDULE" (w.e.f. 1-11-1956).   
2. Subs. by s. 17, ibid., for art. 239 (w.e.f. 1-11-1956).   
3. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4 (w.e.f. 28-12-1962).   
This article 239A has been made applicable to Union territory of Jammu and Kashmir 
by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) s. 13 (w.e.f. 31-10-
2019). 
4. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for 
"for any of the Union territories of Goa, Daman and Diu and Pondicherry"            
(w.e.f. 30-5-1987). 
5. Subs. by the Pondicherry (Alteration of  Name) Act, 2006 (44 of 2006), s. 4, for 
"Pondicherry" (w.e.f. 1-10-2006). 

(Part VIII.—The Union Territories)  
 113
1[239AA. Special provisions with respect to Delhi.— (1) As from the 
date of commencement of the Constitution (Sixty-ninth Amendment) Act, 
1991, the Union territory of Delhi shall be called the National Capital Territory 
of Delhi (hereafter in this Part referred to as the National Capital Territory) and 
the administrator thereof appointed under article 239 shall be designated as the 
Lieutenant Governor. 
(2)(a) There shall be a Legislative Assembly for the National Capital 
Territory and the seats in such Assembly shall be filled by members chosen by 
direct election from territorial constituencies in the National Capital Territory. 
(b) The total number of seats in the Legislative Assembly, the number of 
seats reserved for Scheduled Castes, the division of the National Capital 
Territory into territorial constituencies (including the basis for such division) 
and all other matters relating to the functioning of the Legislative Assembly 
shall be regulated by law made by Parliament. 
(c) The provisions of articles 324 to 327 and 329 shall apply in relation 
to the National Capital Territory, the Legislative Assembly of the National 
Capital Territory and the members thereof as they apply, in relation to a State, 
the Legislative Assembly of a State and the members thereof respectively; and 
any reference in articles 326 and 329 to “appropriate Legislature” shall be 
deemed to be a reference to Parliament. 
(3) (a) Subject to the provisions of this Constitution, the Legislative 
Assembly shall have power to make laws for the whole or any part of the 
National Capital Territory with respect to any of the matters enumerated in the 
State List or in the Concurrent List in so far as any such matter is applicable to 
Union territories except matters with respect to Entries 1, 2 and 18 of the State 
List and Entries 64, 65 and 66 of that List in so far as they relate to the said 
Entries 1, 2 and 18. 
(b) Nothing in sub-clause ( a) shall derogate from the powers of 
Parliament under this Constitution to make laws with respect to any matter for 
a Union territory or any part thereof. 
1. Arts. 239AA and 239 AB ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, 
s. 2 (w.e.f. 1-2-1992). 

 114
(c) If any provision of a law made by the Legislative Assembly with 
respect to any matter is repugnant to any provision of a law made by Parliament 
with respect to that matter, whether passed before or after the law made by the 
Legislative Assembly, or of an earlier law, other than a law made by the 
Legislative Assembly, then, in either case, the law made by Parliament, or, as 
the case may be, such earlier law, shall prevail and the law made by the 
Legislative Assembly shall, to the extent of the repugnancy, be void: 
Provided that if any such law made by the Legislative Assembly has 
been reserved for the consideration of the President and has received his assent, 
such law shall prevail in the National Capital Territory:  
Provided further that nothing in this sub-clause shall prevent Parliament 
from enacting at any time any law with respect to the same matter including a 
law adding to, amending, varying or repealing the law so made by the 
Legislative Assembly. 
(4) There shall be a Council of Ministers consisting of not more than ten 
per cent. of the total number of members in the Legislative Assembly, with the 
Chief Minister at the head to aid and advise the Lieutenant Governor in the 
exercise of his functions in relation to matters with respect to which the 
Legislative Assembly has power to make laws, except in so far as he is, by or 
under any law, required to act in his discretion: 
Provided that in the case of difference of opinion between the Lieutenant 
Governor and his Ministers on any matter, the Lieutenant Governor shall refer 
it to the President for decision and act according to the decision given thereon 
by the President and pending such decision it shall be competent for the 
Lieutenant Governor in any case where the matter, in his opinion, is so urgent 
that it is necessary for him to take immediate action, to take such action or to 
give such direction in the matter as he deems necessary. 
(5) The Chief Minister shall be appointed by the President and other 
Ministers shall be appointed by the President on the advice of the Chief 
Minister and the Ministers shall hold office during the pleasure of the 
(6) The Council of Ministers shall be collectively responsible to the 

 115
1[(7) (a)] Parliament may, by law, make provisions for giving effect to, 
or supplementing the provisions contained in the foregoing clauses and for all 
matters incidental or consequential thereto. 
2[(b) Any such law as is referred to in sub-clause ( a) shall not be deemed 
to be an amendment of this Constitution for the purposes of article 368 
of amending, this Constitution.] 
 (8) The  provisions of article 239B shall, so far as may be, apply in 
relation to the National Capital Territory, the Lieutenant Governor and the 
Legislative Assembly, as they apply in relation to the Union territory of 
3[Puducherry], the administrator and its Legislature, respectively; and any 
reference in that article to “clause (1) of article 239A” shall be deemed to be a 
reference to this article or article 239AB, as the case may be. 
239AB. Provision in case of failure of constitutional machinery.— If  
the President, on receipt of a report from the Lieutenant Governor or otherwise, 
is satisfied— 
 (a) that a situation has arisen in which the administration of the 
National Capital Territory cannot be carried on in accordance with the 
provisions of article 239AA or of any law made in pursuance of that 
article; or 
 (b) that for the proper administration of the National Capital 
Territory it is necessary or expedient so to do, 
the President may by order suspend the operation of any provision of article 
239AA or of all or any of the provisions of any law made in pursuance of that 
article for such period and subject to such conditions as may be specified in 
such law and make such incidental and consequential provisions as may appear 
to him to be necessary or expedient for administering the National Capital 
Territory in accordance with the provisions of article 239 and article 239AA.] 
1. Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for "(7)"         
(w.e.f. 21-12-1991). 
2. Ins. by s. 3, ibid. (w.e.f. 21-12-1991). 
3. Subs. by  the Pondicherry (Alteration of  Name) Act, 2006 (44 of 2006), s. 4, for 

 116
1[239B. Power of administrator to promulgate Ordinances during 
recess of Legislature.— (1) If at any time, except when the Legislature of 2[the 
Union territory of 3[Puducherry]] is in session, the administrator thereof is 
satisfied that circumstances exist which render it necessary for him to take 
immediate action, he may promulgate such Ordinances as the circumstances 
appear to him to require: 
Provided that no such Ordinance shall be promulgated by the 
administrator except after obtaining instructions from the President in that 
behalf: 
Provided further that whenever the said Legislature is dissolved, or its 
functioning remains suspended on account of any action taken under any such 
law as is referred to in clause (1) of article 239A, the administrator shall not 
promulgate any Ordinance during the period of such dissolution or suspension. 
(2) An Ordinance promulgated under this article in pursuance of 
instructions from the President shall be deemed to be an Act of the Legislature 
of the Union  territory which has been duly enacted after complying with the 
provisions in that behalf contained in any such law as is referred to in clause (1) 
of article 239A, but every such Ordinance— 
(a) shall be laid before the Legislature of the Union territory and 
shall cease to operate at the expiration of six weeks from the reassembly 
of the Legislature or if, before the expiration of that period, a resolution 
disapproving it is passed by the Legislature, upon the passing of the 
resolution; and 
(b) may be withdrawn at any time by the administrator after 
obtaining instructions from the President in that behalf. 
which would not be valid if enacted in an Act of the Legislature of the Union 
territory made after complying with the provisions in that behalf contained in 
any such law as is referred to in clause (1) of article 239A, it shall be void.] 
4(4)*                        *                             *                              *  
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971). 
2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for "a Union 
territory referred to in clause (1) article 239A" (w.e.f. 30-5-1987). 
3. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for 
4. Clause (4) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (with 
retrospective effect). This amendment was omitted by the Constitution (Forty-fourth 
Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979).  

 117
1[240.  Power of President to make regulations for certain Union 
territories.— (1) The President may make regulations for the peace, progress 
and good government of the Union territory of— 
 (a) the Andaman and Nicobar Islands; 
2[(b) Lakshadweep;] 
3[(c) Dadra and Nagar Haveli and Daman and Diu;] 
4[(d)  **** ;] 
5[(e) 6[Puducherry ];] 
7(f) * * * 
8(g) * * * 
9[Provided that when any body is created under article 239A to function 
as a Legislature for the Union territory of 6[Puducherry], the President shall not 
make any regulation for the peace, progress and good government of that 
Union territory with effect from the date appointed for the first meeting of the 
Legislature:] 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s.17, for art.240 
    (w.e.f. 1-11-1956).  
2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973        
(34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973). 
3. Subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 
2019 (44 of 2019) s. 4(i) (w.e.f. 26-1-2020) for entry (c) which was ins. by the Constitution 
(Tenth Amendment) Act, 1961, s.3 (w.e.f. 11-8-1961). 
4. Omitted by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) 
Act, 2019 (44 of 2019)  s. 4(ii) (w.e.f. 26-1-2020). 
5.  Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (retrospectively w.e.f. 16-
8-1962, vide s.7). 
6. Subs. by the Pondicherry  (Alteration of Name) Act, 2006 (44 of 2006), s. 4 for 
7. The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986            
(34 of 1986), s. 39 (w.e.f. 20-2-1987). 
8. The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh 
Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).  
9. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962). 

 118
1[Provided further that whenever the body functioning as a Legislature 
for the Union territory of 2[Puducherry] is dissolved, or the functioning of that 
body as such Legislature remains suspended on account of any action taken 
under any such law as is referred to in clause (1) of article 239A, the President 
may, during the period of such dissolution or suspension, make regulations for 
the peace, progress and good government of that Union territory.] 
(2) Any regulation so made may repeal or amend any Act made by 
Parliament or 3[any other law], which is for the time being applicable to the 
Union territory and, when promulgated by the President, shall have the same 
force and effect as an Act of Parliament which applies to that territory.] 
241. High Courts for Union territories— (1) Parliament may by law 
constitute a High Court for a 4[Union territory] or declare any court in any 
5[such territory] to be a High Court for all or any of the purposes of this 
(2) The provisions of Chapter V of Part VI shall apply in relation to 
every High Court referred to in clause (1) as they apply in relation to a High 
Court referred to in article 214 subject to such modifications or exceptions as 
Parliament may by law provide. 
6[(3) Subject to the provisions of this Constitution and to the provisions 
of any law of the appropriate Legislature made by virtue of powers conferred 
on that Legislature by or under this Constitution, every High Court exercising 
jurisdiction immediately before the commencement of the Constitution 
(Seventh Amendment) Act, 1956, in relation to any Union territory shall 
continue to exercise such jurisdiction in relation to that territory after such 
commencement. 
(4) Nothing in this article derogates from the power of Parliament to 
extend or exclude the jurisdiction of a High Court for a State to, or from, any 
Union territory or part thereof.] 
242. [Coorg.].—Omitted by the Constitution (Seventh Amendment ) Act, 
1956, s. 29 and Sch.(w.e.f. 1-11-1956) .  
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972). 
2. Subs. by the Pondicherry  (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for 
3. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s.4,  for "any existing 
law" (w.e.f. 15-2-1972). 
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for  "State 
specified in Part C of  the First Schedule" (w.e.f. 1-11-1956).   
5. Subs. by s. 29 and Sch.,  ibid., for "such State" (w.e.f. 1-11-1956). 
6. Subs. by s. 29 and Sch.,  ibid., for  cls. (3) and (4) (w.e.f. 1-11-1956). 

 1191[PART IX  
243. Definitions.— In this Part, unless the context otherwise requires,— 
(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 exercise such powers and 
perform such functions at the village level as the Legislature of a State may, by 
law, provide. 
243B. Constitution of Panchayats. —(1) There shall be constituted in 
every State, Panchayats at the village, intermediate and district levels in 
accordance with the provisions of this Part. 
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate 
level may not be constituted in a State having a population not exceeding 
twenty lakhs. 
243C. Composition of Panchayats. —(1) Subject to the provisions of 
this Part, the Legislature of a State may, by law, make provisions with respect 
to the composition of Panchayats: 
 
1. Original Part IX relating to “The territories in Part D of the First Schedule and other 
territories not specified in that Schedule” was omitted by the Constitution (Seventh 
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956) and subsequently ins. by the 
Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993). 

(Part IX.—The Panchayats)  120
Provided that the ratio between the population of the territorial area of a 
Panchayat at any level and the number of seats in such Panchayat to be filled 
by election shall, so far as practicable, be the same throughout the State. 
(2) All the seats in a Panchayat shall be filled by persons chosen by 
direct election from territorial constituencies in the Panchayat area and, for this 
purpose, each Panchayat area shall be divided into territorial constituencies in 
such manner that the ratio between the population of each constituency and the 
number of seats allotted to it shall, so far as practicable, be the same throughout 
the Panchayat area. 
(3) The Legislature of a State may, by law, provide for the 
representation— 
(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 Chairperson of a Panchayat and other members of a Panchayat 
whether or not chosen by direct election from territorial constituencies in the 
Panchayat area shall have the right to vote in the meetings of the Panchayats. 
(5) The Chairperson 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. 

(Part IX.—The Panchayats)  121
243D. Reservation of seats .—(1) Seats shall be reserved for— 
(a) the Scheduled Castes; and 
(b) the Scheduled Tribes, 
in every Panchayat and the number of seats so reserved shall bear, as nearly as 
may be, the same proportion to the total number of seats to be filled by direct 
election in that Panchayat as the population of the Scheduled Castes in that 
Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the 
total population of that area and such seats may be allotted by rotation to 
different constituencies in a Panchayat. 
(2) Not less than one-third of the total number of seats reserved under 
clause (1) shall be reserved for women belonging to the Scheduled Castes or, as 
the case may be,  the Scheduled Tribes. 
(3) Not less than one-third (including the number of seats reserved for 
women belonging to the Scheduled Castes and the Scheduled Tribes) of the 
total number of seats to be filled by direct election in every Panchayat shall be 
reserved for women and such seats may be allotted by rotation to different 
constituencies in a Panchayat. 
(4) The offices of the Chairpersons in the Panchayats at the village or 
any other level shall be reserved for the Scheduled Castes, the Scheduled 
Tribes and women in such manner as the Legislature of a State may, by law, 
provide: 
Provided that the number of offices of Chairpersons reserved for the 
Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in 
any State shall bear, as nearly as may be, the same proportion to the total 
number of such offices in the Panchayats at each level as the population of the 
Scheduled Castes in the State or of the Scheduled Tribes in the State bears to 
the total population of the State: 
Provided further that not less than one-third of the total number of offices 
of Chairpersons in the Panchayats at each level shall be reserved for women: 
Provided also that the number of offices reserved under this clause shall 
be allotted by rotation to different Panchayats at each level. 
(5) The reservation of seats under clauses (1) and (2) and the reservation of 
offices of Chairpersons (other than the reservation for women) under clause (4) 
shall cease to have effect on the expiration of the period specified in article 334. 
(6) Nothing in this Part shall prevent the Legislature of a State from making 
any provision for reservation of seats in any Panchayat or offices of Chairpersons in 
the Panchayats at any level in favour of backward class of citizens. 

(Part IX.—The Panchayats)  122
243E. Duration of Panchayats, etc .—(1) Every Panchayat, unless 
sooner dissolved under any law for the time being in force, shall continue for 
five years from the date appointed for its first meeting and no longer. 
 (2) No amendment of any law for the time being in force shall have the 
effect of causing dissolution of a Panchayat at any level, which is functioning 
immediately before such amendment, till the expiration of its duration specified 
in clause (1). 
 (3) An election to constitute a Panchayat shall be completed— 
(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: 
 Provided that where the remainder of the period for which the dissolved 
Panchayat would have continued is less than six months, it shall not be 
necessary to hold any election under this clause for constituting the Panchayat 
for such period. 
(4) A Panchayat constituted upon the dissolution of a Panchayat before 
the expiration of its duration shall continue only for the remainder of the period 
for which the dissolved Panchayat would have continued under clause (1) had it 
not been so dissolved. 
243F. Disqualifications for membership .—(1) A person shall be 
disqualified for being chosen as, and for being, 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: 
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 question arises as to whether a member of a Panchayat has 
become subject to any of the disqualifications mentioned in clause (1), the 
question shall be referred for the decision of such authority and in such manner 
as the Legislature of a State may, by law, provide. 

(Part IX.—The Panchayats)  123
243G. Powers, authority and responsibilities of Panchayats .—
Subject to the provisions of this Constitution, the Legislature of a State may, by 
law, endow the Panchayats with such powers and authority as may be 
necessary to enable them to function as institutions of self-government and 
such law may contain provisions for the devolution of powers and 
responsibilities upon Panchayats at the appropriate level, subject to such 
conditions as may be specified therein, with respect to— 
(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 impose taxes by, and Funds of, the Panchayats. —
The Legislature of a State may, by law,— 
 (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 specified in the law. 
position.—(1) The Governor of a State shall, as soon as may be within one 
year from the commencement of the Constitution (Seventy-third Amendment) 
Act, 1992, and thereafter at the expiration of every fifth year, constitute a 
Finance Commission to review the financial position of the Panchayats and to 
make recommendations to the Governor as to— 
(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; 

(Part IX.—The Panchayats)  124
(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 Legislature of a State may, by law, provide for the composition 
of the Commission, the qualifications which shall be requisite for appointment 
as members thereof and the manner in which they shall be selected. 
(3) The Commission shall determine their procedure and shall have such 
powers in the performance of their functions as the Legislature of the State 
may, by law, confer on them. 
(4) The Governor shall cause every recommendation made by the 
Commission under this article together with an explanatory memorandum as to 
the action taken thereon to be laid before the Legislature of the State. 
243J. Audit of accounts of Panchayats .—The Legislature of a State 
may, by law, make provisions with respect to the maintenance of accounts by 
the Panchayats and the auditing of such accounts. 
243K. Elections to the Panchayats .—(1) The superintendence, 
direction and control of the preparation of electoral rolls for, and the conduct 
of, all elections to the Panchayats shall be vested in a State Election 
Commission consisting of a State Election Commissioner to be appointed by 
the Governor. 
(2) Subject to the provisions of any law made by the Legislature of a 
State, the conditions of service and tenure of office of the State Election 
Commissioner shall be such as the Governor may by rule determine: 
Provided that the State Election Commissioner shall not be removed 
from his office except in like manner and on the like grounds as a Judge of a 
High Court and the conditions of service of the State Election Commissioner 
shall not be varied to his disadvantage after his appointment. 

(Part IX.—The Panchayats)  125
(3) The Governor of a State shall, when so requested by the State 
Election Commission, make available to the State Election Commission such 
staff as may be necessary for the discharge of the functions conferred on the 
State Election Commission by clause (1). 
(4) Subject to the provisions of this Constitution, the Legislature of a 
State may, by law, make provision with respect to all matters relating to, or in 
connection with, elections to the Panchayats. 
243L. Application to Union territories. —The provisions of this Part 
shall apply to the Union territories and shall, in their application to a Union 
territory, have effect as if the references to the Governor of a State were 
references to the Administrator of the Union territory appointed under article 
239 and references to the Legislature or the legislative Assembly of a State 
were references, in relation to a Union territory having a Legislative Assembly, 
to that Legislative Assembly: 
Provided that the President may, by public notification, direct that the 
provisions of this Part shall apply to any Union territory or part thereof subject 
to such exceptions and modifications as he may specify in the notification. 
243M.  Part not to apply to certain areas. —(1) Nothing in this Part 
shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas 
referred to in clause (2), of article 244. 
(2) Nothing in this Part shall apply to— 
(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) Nothing in this 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. 

(Part IX.—The Panchayats)  126
1[(3A) Nothing in article 243D, relating to reservation of seats for the 
Scheduled Castes, shall apply to the State of Arunachal Pradesh.] 
(4) Notwithstanding anything in this Constitution,— 
(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. Continuance of existing laws and Panchayats. —
Notwithstanding anything in this Part, any provision of any law relating to 
Panchayats in force in a State immediately before the commencement of the 
Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with 
the provisions of this Part, shall continue to be in force until amended or 
repealed by a competent Legislature or other competent authority or until the 
expiration of one year from such commencement, whichever is earlier: 
Provided that all the Panchayats existing immediately before such 
commencement shall continue till the expiration of their duration, unless sooner 
dissolved by a resolution passed to that effect by the Legislative Assembly of 
that State or, in the case of a State having a Legislative Council, by each House 
of the Legislature of that State. 
243-O.  Bar to interference by courts in electoral matters. — 
Notwithstanding anything in this Constitution,— 
(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.  
1. Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000). 

 1271[PART IXA 
243P. Definitions. —In this Part, unless the context otherwise 
requires,— 
(a) “Committee” means a Committee constituted under article 243S; 
(b) “district” means a district in a State; 
(c) “Metropolitan area” means an area having a population of ten 
lakhs or more, comprised in one or more districts and consisting of two 
or more Municipalities or Panchayats or other contiguous areas, 
specified by the Governor by public notification to be a Metropolitan 
area for the purposes of this Part; 
(d) “Municipal area” means the territorial area of a Municipality as is 
notified by the Governor; 
(e) “Municipality” means an institution of self-government 
constituted under article 243Q; 
(f) “Panchayat” means a Panchayat constituted under article 243B; 
(g) “population” means the population as ascertained at the last 
preceding census of which the relevant figures have been published. 
243Q. Constitution of Municipalities. —(1) There shall be constituted 
in every State,— 
(a) a Nagar Panchayat (by whatever name called) for a transitional 
area, that is to say, an area in transition  from a rural area to an urban 
area; 
(b) a Municipal Council for a smaller urban area; and 
(c) a Municipal Corporation for a larger urban area, 
in accordance with the provisions of this Part: 
 
1. Part IXA ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2  
    (w.e.f. 1-6-1993).  

(Part IXA. —The Municipalities) 
 128
Provided that a Municipality under this clause may not be constituted in 
such urban area or part thereof as the Governor may, having regard to the size 
of the area and the municipal services being provided or proposed to be 
provided by an industrial establishment in that area and such other factors as he 
may deem fit, by public notification, specify to be an industrial township. 
(2) In this article, “a transitional area”, “a smaller urban area” or “a 
larger urban area” means such area as the Governor may, having regard to the 
population of the area, the density of the population therein, the revenue 
generated for local administration, the percentage of employment in non-
agricultural activities, the economic importance or such other factors as he may 
deem fit, specify by public notification for the purposes of this Part. 
243R. Composition of Municipalities .—(1) Save as provided in clause 
(2), all the seats in a Municipality shall be filled by persons chosen by direct 
election from the territorial constituencies in the Municipal area and for this 
purpose each Municipal area shall be divided into territorial constituencies to 
be known as wards. 
(2) The Legislature of a State may, by law, provide— 
(a) for the representation in a Municipality of— 
(i) persons having special knowledge or experience in 
Municipal administration; 
(ii) 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 the Municipal 
area; 
(iii) the members of the Council of States and the members of 
the Legislative Council of the State registered as electors within 
the Municipal area; 
(iv) the Chairpersons of the Committees constituted under 
clause (5) of article 243S: 
Provided that the persons referred to in paragraph ( i) shall not 
have the right to vote in the meetings of the Municipality; 
(b) the manner of election of the Chairperson of a Municipality.  

 129
243S.  Constitution and composition of Wards Committees, etc .—(1) 
There shall be constituted Wards Committees, consisting of one or more wards, 
within the territorial area of a Municipality having a population of three lakhs 
or more. 
(2) The Legislature of a State may, by law, make provision with respect 
to— 
(a) the composition and the territorial area of a Wards Committee; 
(b) the manner in which the seats in a Wards Committee shall be 
filled. 
(3) A member of a Municipality representing a ward within the territorial 
area of the Wards Committee shall be a member of that Committee. 
(4) Where a Wards Committee consists of— 
(a) one ward, the member representing that ward in the Municipality; 
or 
(b) two or more wards, one of the members representing such wards 
in the Municipality elected by the members of the Wards Committee, 
shall be the Chairperson of that Committee. 
(5) Nothing in this article shall be deemed to prevent the Legislature of a 
State from making any provision for the constitution of Committees in addition 
to the Wards Committees. 
243T. Reservation of seats .—(1) Seats shall be reserved for the 
Scheduled Castes and the Scheduled Tribes in every Municipality and the 
number of seats so reserved shall bear, as nearly as may be, the same 
proportion to the total number of seats to be filled by direct election in that 
Municipality as the population of the Scheduled Castes in the Municipal area or 
of the Scheduled Tribes in the Municipal area bears to the total population of 
that area and such seats may be allotted by rotation to different constituencies 
in a Municipality. 
the case may be, the Scheduled Tribes. 

 130
total number of seats to be filled by direct election in every Municipality shall 
be reserved for women and such seats may be allotted by rotation to different 
constituencies in a Municipality. 
(4) The offices of Chairpersons in the Municipalities shall be reserved 
for the Scheduled Castes, the Scheduled Tribes and women in such manner as 
the Legislature of a State may, by law, provide. 
(6) Nothing in this Part shall prevent the Legislature of a State from 
making any provision for reservation of seats in any Municipality or offices of 
Chairpersons in the Municipalities in favour of backward class of citizens. 
243U. Duration of Municipalities, etc. —(1) Every Municipality, unless 
five years from the date appointed for its first meeting and no longer: 
Provided that a Municipality shall be given a reasonable opportunity of 
being heard before its dissolution. 
(2) No amendment of any law for the time being in force shall have the 
effect of causing dissolution of a Municipality at any level, which is 
functioning immediately before such amendment, till the expiration of its 
duration specified in clause (1). 
(3) An election to constitute a Municipality shall be completed,— 
Provided that where the remainder of the period for which the dissolved 
Municipality would have continued is less than six months, it shall not be 
necessary to hold any election under this clause for constituting the 
Municipality for such period. 
(4) A Municipality constituted upon the dissolution of a Municipality 
before the expiration of its duration shall continue only for the remainder of the 
period for which the dissolved Municipality would have continued under clause 
(1) had it not been so dissolved. 

 131
243V. Disqualifications for membership. —(1) A person shall be 
disqualified for being chosen as, and for being, a member of a Municipality— 
(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: 
less than twenty-five years of age, if he has attained the age of      
twenty-one years; 
(2) If any question arises as to whether a member of a Municipality has 
243W. Powers, authority and responsibilities of Municipalities, 
etc.—Subject to the provisions of this Constitution, the Legislature of a State 
may, by law, endow— 
(a) the Municipalities with such powers and authority as may be 
necessary to enable them to function as institutions of self-government 
and such law may contain provisions for the devolution of powers and  
responsibilities upon Municipalities, subject to such conditions as may 
be specified therein, with respect to— 
(i) the preparation of plans for economic development and social 
justice; 
(ii) the performance of functions and the implementation of 
schemes as may be entrusted to them including those in relation to 
the matters listed in the Twelfth Schedule; 
(b) the Committees with such powers and authority as may be 
necessary to enable them to carry out the responsibilities conferred upon 
them including those in relation to the matters listed in the Twelfth 
Schedule. 
243X. Power to impose taxes by, and Funds of, the Municipalities. —
(a) authorise a Municipality to levy, collect and appropriate such 
taxes, duties, tolls and fees in accordance with such procedure and 
subject to such limits; 

 132
(b) assign to a Municipality 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 Municipalities 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 Municipalities and also for 
the withdrawal of such moneys therefrom, 
243Y. Finance Commission .—(1) The Finance Commission constituted 
under article 243-I shall also review the financial position of the Municipalities 
and make recommendations to the Governor as to— 
(i) the distribution between the State and the Municipalities of 
the net proceeds of the taxes, duties, tolls and fees leviable by the 
allocation between the Municipalities at all levels of their respective 
may be assigned to, or appropriated by, the Municipalities; 
(iii) the grants-in-aid to the Municipalities from the 
Consolidated Fund of the State; 
Municipalities; 
Governor in the interests of sound finance of the Municipalities. 
(2) The Governor shall cause every recommendation made by the 
243Z. Audit of accounts of Municipalities. —The Legislature of a State 
the Municipalities and the auditing of such accounts. 

 133
243ZA. Elections to the Municipalities. —(1) The superintendence, 
of, all elections to the Municipalities shall be vested in the State Election 
Commission referred to in article 243K. 
(2) Subject to the provisions of this Constitution, the Legislature of a 
connection with, elections to the Municipalities. 
243ZB. Application to Union territories. —The provisions of this Part 
references to the Administrator of the Union territory appointed under       
article 239 and references to the Legislature or the Legislative Assembly of a 
State were references in relation to a Union territory having a Legislative 
Assembly, to that Legislative Assembly: 
243ZC. Part not to apply to certain areas. —(1) Nothing in this Part 
referred to in clause (2) of article 244. 
(2) Nothing in this Part shall be construed to affect the functions and 
powers of the Darjeeling Gorkha Hill Council constituted under any law for the 
time being in force for the hill areas of the district of Darjeeling in the State of 
West Bengal. 
(3) Notwithstanding anything in this Constitution, 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. 
243ZD. Committee for district planning. —(1) There shall be 
constituted in every State at the district level a District Planning Committee to 
consolidate the plans prepared by the Panchayats and the Municipalities in the 
district and to prepare a draft development plan for the district as a whole. 
to— 

 134
(a) the composition of the District Planning Committees; 
(b) the manner in which the seats in such Committees shall be 
filled: 
Provided that not less than four-fifths of the total number of 
members of such Committee shall be elected by, and from amongst, the 
elected members of the Panchayat at the district level and of the 
Municipalities in the district in proportion to the ratio between the 
population of the rural areas and of the urban areas in the district; 
(c) the functions relating to district planning which may be 
assigned to such Committees; 
(d)  the manner in which the Chairpersons of such  Committees 
shall be chosen. 
(3) Every District Planning Committee shall, in preparing the draft 
development plan,— 
 (a)  have regard to— 
(i) matters of common interest between the Panchayats and 
the Municipalities including spatial planning, sharing of water and 
other physical and natural resources, the integrated development 
of infrastructure and environmental conservation; 
(ii) the extent and type of available resources whether 
financial or otherwise; 
(b) consult such institutions and organisations as the Governor  
may, by order, specify. 
(4) The Chairperson of every District Planning Committee shall forward 
the development plan, as recommended by such Committee, to the Government 
of the State. 
243ZE. Committee for Metropolitan planning. —(1) There shall be 
constituted in every Metropolitan area a Metropolitan Planning Committee to 
prepare a draft development plan for the Metropolitan area as a whole. 
(2) The Legislature of a State may, by law, make provision with respect to— 
(a) the composition of the Metropolitan Planning Committees; 
(b) the manner in which the seats in such Committees shall be filled: 

 135
Provided that not less than two-thirds of the members of such 
Committee shall be elected by, and from amongst, the elected members 
of the Municipalities and Chairpersons of the Panchayats in the 
Metropolitan area in proportion to the ratio between the population of 
the Municipalities and of the Panchayats in that area; 
(c) the representation in such Committees of the Government of 
India and the Government of the State and of such organisations and 
institutions as may be deemed necessary for carrying out the functions 
(d) the functions relating to planning and coordination for the 
Metropolitan area which may be assigned to such Committees; 
(e) the manner in which the Chairpersons of such Committees 
 (3) Every Metropolitan Planning Committee shall, in preparing the draft 
 (a) have regard to— 
(i) the plans prepared by the Municipalities and the 
Panchayats in the Metropolitan area; 
(ii) matters of common interest between the Municipalities 
and the Panchayats, including coordinated  spatial planning of the 
area, sharing of water and other physical and natural resources, 
the integrated development of infrastructure and environmental 
conservation; 
(iii) the overall objectives and priorities set by the 
Government of India and the Government of the State; 
(iv) the extent and nature of investments likely to be made 
in the Metropolitan area by agencies of the Government of India 
and of the Government of the State and other available resources 
whether financial or otherwise; 
(b) consult such institutions and organisations as the Governor 
(4) The Chairperson of every Metropolitan Planning Committee shall 
forward the development plan, as recommended by such Committee, to the 
Government of the State.  

 136
243ZF. Continuance of existing laws and Municipalities. —
Municipalities in force in a State immediately before the commencement of the 
Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent 
with the provisions of this Part, shall continue to be in force until amended or 
Provided that all the Municipalities existing immediately before such 
243ZG. Bar to interference by courts in electoral matters. —
Notwithstanding anything in this  Constitution,— 
purporting to be made under article 243ZA shall not be called in 
question in any court; 
(b) no election to any Municipality 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.] 
 
 1371[PART IXB 
243ZH. Definitions. —In this Part, unless the context otherwise 
(a) “authorised person” means a person referred to as such in article 
243ZQ;  
(b) “board” means the board of directors or the governing body of a 
co-operative society, by whatever name called, to which the direction 
and control of the management of the affairs of a society is entrusted to; 
(c) “co-operative society” means a society registered or deemed to be 
registered under any law relating to co-operative societies for the time 
being in force in any State; 
(d) “multi-State co-operative society” means a society with objects 
not confined to one State and registered or deemed to be registered under 
any law for the time being in force relating to such co-operatives; 
(e) “office bearer” means a President, Vice-President, Chairperson, 
Vice-Chairperson, Secretary or Treasurer, of a co-operative society and 
includes any other person to be elected by the board of any co-operative 
society; 
(f) “Registrar” means the Central Registrar appointed by the Central 
Government in relation to the multi-State co-operative societies and the 
Registrar for co-operative societies appointed by the State  Government 
under the law made by the Legislature of a State in relation to              
co-operative societies; 
(g) “State Act” means any law made by the Legislature of a State;  
(h) “State level co-operative society” means a co-operative society 
having its area of operation extending to the whole of a State and defined 
as such in any law made by the Legislature of a State. 
243ZI. Incorporation of co-operative societies. —Subject to the 
provisions of this Part, the Legislature of a State may, by law, make provisions 
with respect to the incorporation, regulation and winding up of co-operative 
societies based on the principles of voluntary formation, democratic    
member-control, member-economic participation and autonomous functioning. 
1. Part IXB ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 4  
     (w.e.f. 15-2-2012). 

(Part IXB.—Co-operative Societies) 138
243ZJ. Number and term of members of board and its office 
bearers.—(1) The board shall consist of such number of directors as may be 
provided by the Legislature of a State, by law: 
Provided that the maximum number of directors of a co-operative 
society shall not exceed twenty-one:  
Provided further that the Legislature of a State shall, by law, provide for 
the reservation of one seat for the Scheduled Castes or the Scheduled Tribes 
and two seats for women on board of every co-operative society consisting of 
individuals as members and having members from such class of category of 
persons. 
(2) The term of office of elected members of the board and its office 
bearers shall be five years from the date of election and the term of office 
bearers shall be conterminous with the term of the board: 
Provided that the board may fill a casual vacancy on the board by 
nomination out of the same class of members in respect of which the casual 
vacancy has arisen, if the term of office of the board is less than half of its 
original term. 
 (3) The Legislature of a State shall, by law, make provisions for         
co-option of persons to be members of the board having experience in the field 
of banking, management, finance or specialisation in any other field relating to 
the objects and activities undertaken by the co-operative society, as members of 
the board of such society:  
Provided that the number of such co-opted members shall not exceed 
two in addition to twenty-one directors specified in the first proviso to       
clause (1):  
Provided further that such co-opted members shall not have the right to 
vote in any election of the co-operative society in their capacity as such 
member or to be eligible to be elected as office bearers of the board: 
Provided also that the functional directors of a co-operative society shall 
also be the members of the board and such members shall be excluded for the 
purpose of counting the total number of directors specified in the first proviso 
to clause (1). 

(Part IXB.—Co-operative Societies) 139
243ZK. Election of members of board. —(1) Notwithstanding anything 
contained in any law made by the Legislature of a State, the election of a board 
shall be conducted before the expiry of the term of the board so as to ensure 
that the newly elected members of the board assume office immediately on the 
expiry of the term of the office of members of the outgoing board. 
(2) The superintendence, direction and control of the preparation of 
electoral rolls for, and the conduct of, all elections to a co-operative society 
shall vest in such an authority or body, as may be provided by the Legislature 
of a State, by law:  
Provided that the Legislature of a State may, by law, provide for the 
procedure and guidelines for the conduct of such elections. 
243ZL. Supersession and suspension of board and interim 
management .—(1) Notwithstanding anything contained in any law for the 
time being in force, no board shall be superseded or kept under suspension for a 
period exceeding six months:  
Provided that the board may be superseded or kept under suspension in a 
case— 
 (i) of its persistent default; or 
(ii) of negligence in the performance of its duties; or  
(iii) the board has committed any act prejudicial to the interests of 
the co-operative society or its members; or 
(iv) there is stalemate in the constitution or functions of the board; 
or  
(v)  the authority or body as provided by the Legislature of a State, 
by law, under clause (2) of article 243ZK, has failed to conduct 
elections in accordance with the provisions of the State Act: 
Provided further that the board of any such co-operative society shall not 
be superseded or kept under suspension where there is no Government 
shareholding or loan or financial assistance or any guarantee by the 
Government:  
Provided also that in case of a co-operative society carrying on the 
business of banking, the provisions of the Banking Regulation Act, 1949 shall 
also apply:  

(Part IXB.—Co-operative Societies) 140
Provided also that in case of a co-operative society, other than a      
multi-State co-operative society, carrying on the business of banking, the 
provisions of this clause shall have the effect as if for the words “six months”, 
the words  “one year” had been substituted. 
(2) In case of supersession of a board, the administrator appointed to 
manage the affairs of such co-operative society shall arrange for conduct of 
elections within the period specified in clause (1) and handover the 
management to the elected board. 
(3) The Legislature of a State may, by law, make provisions for the 
conditions of service of the administrator. 
243ZM. Audit of accounts of co-operative societies .—(1) The 
Legislature of a State may, by law, make provisions with respect to the 
maintenance of accounts by the co-operative societies and the auditing of such 
accounts at least once in each financial year. 
(2) The Legislature of a State shall, by law, lay down the minimum 
qualifications and experience of auditors and auditing firms that shall be 
eligible for auditing accounts of the co-operative societies. 
(3) Every co-operative society shall cause to be audited by an auditor or 
auditing firms referred to in clause (2) appointed by the general body of the   
co-operative society:  
Provided that such auditors or auditing firms shall be appointed from a 
panel approved by a State Government or an authority authorised by the State 
Government in this behalf. 
(4) The accounts of every co-operative society shall be audited within 
six months of the close of the financial year to which such accounts relate. 
(5) The audit report of the accounts of an apex co-operative society, as 
may be defined by the State Act, shall be laid before the State Legislature in the 
manner, as may be provided by the State Legislature, by law. 
243ZN. Convening of general body meetings .—The Legislature of a 
State may, by law, make provisions that the annual general body meeting of 
every co-operative society shall be convened within a period of six months of 
close of the financial year to transact the business as may be provided in such 
law. 
  
(Part IXB.—Co-operative Societies) 141
243ZO. Right of a member to get information .—(1) The Legislature 
of a State may, by law, provide for access to every member of a co-operative 
society to the books, information and accounts of the co-operative society kept 
in regular transaction of its business with such member. 
(2) The Legislature of a State may, by law, make provisions to ensure 
the participation of members in the management of the co-operative society 
providing minimum requirement of attending meetings by the members and 
utilising the minimum level of services as may be provided in such law. 
(3) The Legislature of a State may, by law, provide for co-operative 
education and training for its members. 
243ZP. Returns. —Every co-operative society shall file returns, within 
six months of the close of every financial year, to the authority designated by 
the State Government including the following matters, namely:— 
(a) annual report of its activities; 
(b) its audited statement of accounts;  
(c) plan for surplus disposal as approved by the general body of the 
co-operative society;  
(d) list of amendments to the bye-laws of the co-operative society, if 
any;  
(e) declaration regarding date of holding of its general body meeting 
and conduct of elections when due; and 
(f) any other information required by the Registrar in pursuance of 
any of the provisions of the State  Act. 
243ZQ. Offences and penalties .—(1) The Legislature of a State may, 
by law, make provisions for the offences relating to the co-operative societies 
and penalties for such offences. 
(2) A law made by the Legislature of a State under clause (1) shall 
include the commission of the following act or omission as offences, namely:— 
(a) a co-operative society or an officer or member thereof wilfully 
makes a false return or furnishes false information, or any person 
wilfully not furnishes any information required from him by a person 
authorised in this behalf under the provisions of the State Act; 

(Part IXB.—Co-operative Societies) 142
(b) any person wilfully or without any reasonable excuse disobeys 
any summons, requisition or lawful written order issued under the 
provisions of the State Act;  
(c) any employer who, without sufficient cause, fails to pay to a     
co-operative society amount deducted by him from its employee within a 
period of fourteen days from the date on which such deduction is made;  
(d) any officer or custodian who wilfully fails to handover custody of 
books, accounts, documents, records, cash, security and other property 
belonging to a co-operative society of which he is an officer or 
custodian, to an authorised person; and 
(e) whoever, before, during or after the election of members of the 
board or office bearers, adopts any corrupt practice. 
243ZR. Application to multi-State co-operative societies .—The 
provisions of this Part shall apply to the multi-State co-operative societies 
subject to the modification that any reference to “Legislature of a State”, “State 
Act” or “State Government” shall be construed as a reference to “Parliament”, 
“Central Act” or “the Central Government” respectively. 
243ZS. Application to Union territories. —The provisions of this Part 
territory, having no Legislative Assembly as if the references to the Legislature 
of a State were a reference to the administrator thereof appointed under article 
239 and, in relation to a Union territory having a Legislative Assembly, to that 
Legislative Assembly: 
Provided that the President may, by notification in the Official Gazette, 
direct that the provisions of this Part shall not apply to any Union territory or 
part thereof as he may specify in the notification. 
243ZT. Continuance of existing laws. — Notwithstanding anything in 
this Part, any provision of any law relating to co-operative societies in force in 
a State immediately before the commencement of the Constitution (Ninety-
seventh  Amendment) Act, 2011, which is inconsistent with the provisions of 
this Part, shall continue to be in force until amended or repealed by a competent 
Legislature or other competent authority or until the expiration of one year 
from such commencement, whichever is less.] 

 143PART X 
244. Administration of Scheduled Areas and Tribal Areas .—(1) The 
provisions of the Fifth Schedule shall apply to the administration and control of 
the Scheduled Areas and Scheduled Tribes in any State 1*** other  than 2[the 
States of Assam, 3[, 4[Meghalaya, Tripura and Mizoram]]]. 
(2) The provisions of the Sixth Schedule shall apply to the 
administration of the tribal areas in 2[the States of Assam, 3[, 5[Meghalaya, 
Tripura and Mizoram]]]. 
6[244A. Formation of an autonomous State comprising certain tribal 
areas in Assam and creation of local Legislature or Council of Ministers or 
both therefor .—(1) Notwithstanding anything in this Constitution, Parliament 
may, by law, form within the State of Assam an autonomous State comprising 
(whether wholly or in part) all or any of the tribal areas specified in 7[Part I] of 
the table appended to paragraph 20 of the Sixth Schedule and create therefor— 
 (a) a body, whether elected or partly nominated and partly 
elected, to function as a Legislature for the autonomous State, or 
 (b) a Council of Ministers, 
 (2) Any such law as is referred to in clause (1) may, in particular,— 
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).   
"the State of Assam" (w.e.f. 21-1-1972).  
3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for "and 
Meghalaya" (w.e.f. 1-4-1985).   
4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for  "Meghalaya and 
Tripura" (w.e.f. 20-2-1987).   
5. Subs. by s. 39, ibid., for "Meghalaya and Tripura and the Union territory of Mizoram". 
(w.e.f. 20-2-1987).   
6. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2 (w.e.f. 25-9-1969).  
7. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for 
"Part A" (w.e.f. 21-1-1972). 

(Part X.—The Scheduled and Tribal Areas) 
 144
 (a) specify the matters enumerated in the State List or the 
Concurrent List with respect to which the Legislature of the autonomous 
State shall have power to make laws for the whole or any part thereof, 
whether to the exclusion of the Legislature of the State of Assam or 
otherwise; 
 (b) define the matters with respect to which the executive power 
of the autonomous State shall extend; 
 (c) provide that any tax levied by the State of Assam shall be 
assigned to the autonomous State in so far as the proceeds thereof are 
attributable to the autonomous State; 
 (d) provide that any reference to a State in any article of this 
Constitution shall be construed as including a reference to the 
autonomous State; and 
(e) make such supplemental, incidental and consequential 
provisions as may be deemed necessary. 
 (3) An amendment of any such law as aforesaid in so far as such 
amendment relates to any of the matters specified in sub-clause ( a) or           
sub-clause ( b) of clause (2) shall have no effect unless the amendment is passed 
in each House of Parliament by not less than two-thirds of the members present 
and voting. 
 (4) Any such law as is referred to in this article shall not be deemed to 
be an amendment of this Constitution for the purposes of article 368 
 
 145PART XI 
RELATIONS BETWEEN THE UNION AND THE STATES 
CHAPTER I.—LEGISLATIVE RELATIONS  
Distribution of  Legislative Powers 
States.—(1) Subject to the provisions of this Constitution, Parliament may 
make laws for the whole or any part of the territory of India, and the 
Legislature of a State may make laws for the whole or any part of the State. 
(2) No law made by Parliament shall be deemed to be invalid on the 
ground that it would have extra-territorial operation. 
Legislatures of States. —(1) Notwithstanding anything in clauses (2) and (3), 
Parliament has exclusive power to make laws with respect to any of the matters 
enumerated in List I in the Seventh Schedule (in this Constitution referred to as 
the “Union List”). 
(2) Notwithstanding anything in clause (3), Parliament, and, subject to 
clause (1), the Legislature of any State 1*** also, have power to make laws 
with respect to any of the matters enumerated in List III in the Seventh 
Schedule (in this Constitution referred to as the “Concurrent List”). 
(3) Subject to clauses (1) and (2), the Legislature of any State 1*** has 
exclusive power to make laws for such State or any part thereof with respect to 
any of the matters enumerated in List II in the Seventh Schedule (in this 
Constitution referred to as the “State List”).  
(4) Parliament has power to make laws with respect to any matter for 
any part of the territory of India not included 2[in a State] notwithstanding that 
such matter is a matter enumerated in the State List. 
3[246A. Special provision with respect to goods and services tax .—(1)  
Notwithstanding anything contained in articles 246 and 254, Parliament, and, 
subject to clause (2), the Legislature of every State, have power to make laws 
with respect to goods and services tax imposed by the Union or by such State.  
1. The words and letters "specified in Part A or Part B of  the First Schedule"  omitted by 
2. Subs. by s. 29 and Sch., ibid., for "in Part A or Part B of  the First Schedule"      
3. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 2        
(w.e.f. 16-9-2016). 

(Part XI.—Relations between the Union and the States) 
 146
(2) Parliament has exclusive power to make laws with respect to goods 
and services tax where the supply of goods, or of services, or both takes place 
in the course of inter-State trade or commerce. 
Explanation .—The provisions of this article, shall, in respect of goods 
and services tax referred to in clause (5) of article 279A, take effect from the 
date recommended by the Goods and Services Tax Council.]  
additional courts .—Notwithstanding anything in this Chapter, Parliament may 
by law provide for the establishment of any additional courts for the better 
administration of laws made by Parliament or of any existing laws with respect 
to a matter enumerated in the Union List. 
248. Residuary powers of legislation .—(1) 1[Subject to article 246A, 
Parliament ] has exclusive power to make any law with respect to any matter 
not enumerated in the Concurrent List or State List. 
(2) Such power shall include the power of making any law imposing a 
tax not mentioned in either of those Lists. 
State List in the national interest .—(1) Notwithstanding anything in the 
foregoing provisions of this Chapter, if the Council of States has declared by 
resolution supported by not less than two-thirds of the members present and 
voting that it is necessary or expedient in the national interest that Parliament 
should make laws with respect to  2[goods and services tax provided under article 
246A or] any matter enumerated in the State List specified in the resolution, it 
shall be lawful for Parliament to make laws for the whole or any part of the 
territory of India with respect to that matter while the resolution remains in force. 
(2) A resolution passed under clause (1) shall remain in force for such 
period not exceeding one year as may be specified therein:  
Provided that, if and so often as a resolution approving the continuance 
in force of any such resolution is passed in the manner provided in clause (1), 
such resolution shall continue in force for a further period of one year from the 
date on which under this clause it would otherwise have ceased to be in force. 
(3) A law made by Parliament which Parliament would not but for the 
passing of a resolution under clause (1) have been competent to make shall, to the 
extent of the incompetency, cease to have effect on the expiration of a period of 
six months after the resolution has ceased to be in force, except as respects things 
done or omitted to be done before the expiration of the said period. 
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 3, for 
"Parliament" (w.e.f. 16-9-2016). 
2. Ins. by s. 4, ibid. (w.e.f. 16-9-2016).  

 147
250. Power of Parliament to legislate with respect to any matter in 
the State List if a Proclamation of Emergency is in operation. —(1) 
Notwithstanding anything in this Chapter, Parliament shall, while a 
Proclamation of Emergency is in operation, have power to make laws for the 
whole or any part of the territory of India with respect to  1[goods and services 
tax provided under article 246A or] any of the matters enumerated in the State 
List. 
(2) A law made by Parliament which Parliament would not but for the 
issue of a Proclamation of Emergency have been competent to make shall, to the 
six months after the Proclamation has ceased to operate, except as respects things 
249 and 250 and laws made by the Legislatures of States .—Nothing in 
articles 249 and 250 shall restrict the power of the Legislature of a State to 
make any law which under this Constitution it has power to make, but if any 
provision of a law made by the Legislature of a State is repugnant to any 
provision of a law made by Parliament which Parliament has under either of the 
said articles power to make, the law made by Parliament, whether passed 
before or after the law made by the Legislature of the State, shall prevail, and 
the law made by the Legislature of the State shall to the extent of the 
repugnancy, but so long only as the law made by Parliament continues to have 
effect, be inoperative. 
consent and adoption of such legislation by any other State. —(1) If it 
appears to the Legislatures of two or more States to be desirable that any of the 
matters with respect to which Parliament has no power to make laws for the 
States except as provided in articles 249 and 250 should be regulated in such 
States by Parliament by law, and if resolutions to that effect are passed by all 
the Houses of the Legislatures of those States, it shall be lawful for Parliament 
to pass an act for regulating that matter accordingly, and any Act so passed 
shall apply to such States and to any other State by which it is adopted 
afterwards by resolution passed in that behalf by the House or, where there are 
two Houses, by each of the Houses of the Legislature of that State. 
1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 5       

 148
(2) Any Act so passed by Parliament may be amended or repealed by an 
Act of Parliament passed or adopted in like manner but shall not, as respects 
any State to which it applies, be amended or repealed by an Act of the 
Legislature of that State. 
253. Legislation for giving effect to international agreements .—
Notwithstanding anything in the foregoing provisions of this Chapter, 
Parliament has power to make any law for the whole or any part of the territory 
of India for implementing any treaty, agreement or convention with any other 
country or countries or any decision made at any international conference, 
association or other body. 
by the Legislatures of States .—(1) If any provision of a law made by the 
Legislature of a State is repugnant to any provision of a law made by 
Parliament which Parliament is competent to enact, or to any provision of an 
existing law with respect to one of the matters enumerated in the Concurrent 
List, then, subject to the provisions of clause (2), the law made by Parliament, 
whether passed before or after the law made by the Legislature of such State, 
or, as the case may be, the existing law, shall prevail and the law made by the 
Legislature of the State shall, to the extent of the repugnancy, be void. 
(2) Where a law made by the Legislature of a State 1*** with respect to 
one of the matters enumerated in the Concurrent List contains any provision 
repugnant to the provisions of an earlier law made by Parliament or an existing 
law with respect to that matter, then, the law so made by the Legislature of such 
State shall, if it has been reserved for the consideration of the President and has 
received his assent, prevail in that State: 
Provided that nothing in this clause shall prevent Parliament from 
enacting at any time any law with respect to the same matter including a law 
adding to, amending, varying or repealing the law so made by the Legislature 
be regarded as matters of procedure only. —No Act of Parliament or of the 
Legislature of a State 1***, and no provision in any such Act, shall be invalid 
by reason only that some recommendation or previous sanction required by this 
Constitution was not given, if assent to that Act was given— 

 149
(a) where the recommendation required was that of the Governor, 
either by the Governor or by the President; 
(b) where the recommendation required was that of the 
Rajpramukh, either by the Rajpramukh or by the President; 
(c) where the recommendation or previous sanction required was 
that of the President, by the President. 
CHAPTER II.—ADMINISTRATIVE RELATIONS  
General 
256. Obligation of States and the Union. —The executive power of every 
State shall be so exercised as to ensure compliance with the laws made by 
Parliament and any existing laws which apply in that State, and the executive 
power of the Union shall extend to the giving of such directions to a State as may 
appear to the Government of India to be necessary for that purpose. 
257. Control of the Union over States in certain cases .—(1) The 
executive power of every State shall be so exercised as not to impede or 
prejudice the exercise of the executive power of the Union, and the executive 
power of the Union shall extend to the giving of such directions to a State as 
may appear to the Government of India to be necessary for that purpose. 
(2) The executive power of the Union shall also extend to the giving of 
directions to a State as to the construction and maintenance of means of 
communication declared in the direction to be of national or military 
importance: 
Provided that nothing in this clause shall be taken as restricting the 
power of Parliament to declare highways or waterways to be national highways 
or national waterways or the power of the Union with respect to the highways 
or waterways so declared or the power of the Union to construct and maintain 
means of communication as part of its functions with respect to naval, military 
and air force works. 
(3) The executive power of the Union shall also extend to the giving of 
directions to a State as to the measures to be taken for the protection of the 
railways within the State. 
(4) Where in carrying out any direction given to a State under clause (2) 
as to the construction or maintenance of any means of communication or under 
clause (3) as to the measures to be taken for the protection of any railway, costs 
have been incurred in excess of those which would have been incurred in the 
discharge of the normal duties of the State if such direction had not been given, 
there shall be paid by the Government of India to the State such sum as may be 
agreed, or, in default of agreement, as may be determined by an arbitrator 
appointed by the Chief Justice of India, in respect of the extra costs so incurred 
by the State. 

 150
1[257A. [Assistance to States by deployment of armed forces or other 
forces of the Union. ].—Omitted by the Constitution (Forty-fourth 
Amendment ) Act, 1978, s. 33 ( w.e.f. 20-6-1979).] 
cases.—(1) Notwithstanding anything in this Constitution, the President may, 
with the consent of the Government of a State, entrust either conditionally or 
unconditionally to that Government or to its officers functions in relation to any 
matter to which the executive power of the Union extends. 
(2) A law made by Parliament which applies in any State may, 
notwithstanding that it relates to a matter with respect to which the Legislature 
of the State has no power to make laws, confer powers and impose duties, or 
authorise the conferring of powers and the imposition of duties, upon the State 
or officers and authorities thereof. 
(3) Where by virtue of this article powers and duties have been conferred 
or imposed upon a State or officers or authorities thereof, there shall be paid by 
the Government of India to the State such sum as may be agreed, or, in default 
of agreement, as may be determined by an arbitrator appointed by the Chief 
Justice of India, in respect of any extra costs of administration incurred by the 
State in connection with the exercise of those powers and duties. 
2[258A. Power of the States to entrust functions to the Union .—
Notwithstanding anything in this Constitution, the Governor of a State may, 
with the consent of the Government of India, entrust either conditionally or 
matter to which the executive power of the State extends.] 
[259. Armed Forces in States in Part B of the First Schedule.] .— 
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.  
(w.e.f. 1-11-1956 ). 
260. Jurisdiction of the Union in relation to territories outside 
India.—The Government of India may by agreement with the Government of 
any territory not being part of the territory of India undertake any executive, 
legislative or judicial functions vested in the Government of such territory, but 
every such agreement shall be subject to, and governed by, any law relating to 
the exercise of foreign jurisdiction for the time being in force. 
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977). 
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 18 (w.e.f. 1-11-1956).  

 151
261. Public acts, records and judicial proceedings. —(1) Full faith and 
credit shall be given throughout the territory of India to public acts, records and 
judicial proceedings of the Union and of every State. 
(2) The manner in which and the conditions under which the acts, 
records and proceedings referred to in clause (1) shall be proved and the effect 
thereof determined shall be as provided by law made by Parliament. 
(3) Final judgments or orders delivered or passed by civil courts in any 
part of the territory of India shall be capable of execution anywhere within that 
territory according to law.  
Disputes relating to Waters 
262. Adjudication of disputes relating to waters of inter-State rivers 
or river valleys. —(1) Parliament may by law provide for the adjudication of 
any dispute or complaint with respect to the use, distribution or control of the 
waters of, or in, any inter-State river or river valley. 
(2) Notwithstanding anything in this Constitution, Parliament may by 
law provide that neither the Supreme Court nor any other court shall exercise 
jurisdiction in respect of any such dispute or complaint as is referred to in 
clause (1).  
Co-ordination between States 
263. Provisions with respect to an inter-State Council .—If at any time 
it appears to the President that the public interests would be served by the 
establishment of a Council charged with the duty of— 
(a) inquiring into and advising upon disputes which may have 
arisen between States; 
(b) investigating and discussing subjects in which some or all of 
the States, or the Union and one or more of  the States, have a common 
interest; or 
(c) making recommendations upon any such subject and, in 
particular, recommendations for the better co-ordination of policy and 
action with respect to that subject,  
it shall be lawful for the President by order to establish such a Council, and to 
define the nature of the duties to be performed by it and its organisation and 
procedure.  

 152PART XII 
CHAPTER I.—FINANCE 
General 
1[264. Interpretation .—In this Part, “Finance Commission” means a 
Finance Commission constituted under article 280.] 
265. Taxes not to be imposed save by authority of law .—No tax shall 
be levied or collected except by authority of law. 
States.—(1) Subject to the provisions of article 267 and to the provisions of 
this Chapter with respect to the assignment of the whole or part of the net 
proceeds of certain taxes and duties to States, all revenues received by the 
Government of India, all loans raised by that Government by the issue of 
treasury bills, loans or ways and means advances and all moneys received by 
that Government in repayment of loans shall form one consolidated fund to be 
entitled  “the Consolidated Fund of India”, and all revenues received by the 
Government of a State, all loans raised by that Government by the issue of 
entitled “the Consolidated Fund of the State”. 
(2) All other public moneys received by or on behalf of the Government 
of India or the Government of a State shall be credited to the public account of 
India or the public account of the State, as the case may be.  
(3) No moneys out of the Consolidated Fund of India or the 
Consolidated Fund of a State shall be appropriated except in accordance with 
law and for the purposes and in the manner provided in this Constitution. 
267. Contingency Fund. —(1) Parliament may by law establish a 
Contingency Fund in the nature of an imprest to be entitled “the Contingency 
Fund of India”  into which shall be paid from time to time such sums as may be 
determined by such law, and the said Fund shall be placed at the disposal of the 
President to enable advances to be made by him out of such Fund for the 
purposes of meeting unforeseen expenditure pending authorisation of such 
expenditure by Parliament by law under article 115 or article 116. 
1 Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for art. 264             

(Part XII. —Finance, Property, Contracts and Suits) 
 153
(2) The Legislature of a State may by law establish a Contingency Fund in 
the nature of an imprest to be entitled “the Contingency Fund of the State” into 
which shall be paid from time to time such sums as may be determined by such 
law, and the said Fund shall be placed at the disposal of the Governor 1*** of the 
State to enable advances to be made by him out of such Fund for the purposes of 
meeting unforeseen expenditure pending authorisation of such expenditure by the 
Legislature of the State by law under article 205 or article 206.  
Distribution of Revenues between the Union and the States 
268. Duties levied by the Union but collected and appropriated by 
the States. —(1) Such stamp duties 2*** as are mentioned in the Union List shall 
be levied by the Government of India but shall be collected— 
(a) in the case where such duties are leviable within any 3[Union 
territory], by the Government of India, and 
(b) in other cases, by the States within which such duties are 
respectively leviable. 
(2) The proceeds in any financial year of any such duty leviable within 
any State shall not form part of the Consolidated Fund of India, but shall be 
assigned to that State. 
4268A. [Service tax levied by Union and collected and appropriated by 
the Union and the States.] .—Omitted by the Constitution (One Hundred and 
First Amendment) Act,  2016, s. 7 (w.e.f. 16-9-2016).  
1956, s. 29 and Sch. (w.e.f. 1-11-1956).  
2. The words " and such duties of excise on medicinal and toilet preparations"   
omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 6, 
(w.e.f. 16-9-2016).  
3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State 
Specified in Part C of the First Schedule" (w.e.f. 1-11-1956). 
4. Ins. by the  Constitution (Eighty-eighth Amendment) Act, 2003, s. 2 (date not 
notified). 

 154
States.—1[(1) Taxes on the sale or purchase of goods and taxes on the 
consignment of goods 2[except as provided in article 269A] shall be levied and 
collected by the Government of India but shall be assigned and shall be deemed 
to have been assigned to the States on or after the 1st day of April, 1996 in the 
manner provided in clause (2). 
Explanation .—For the purposes of this clause,— 
(a) the expression "taxes on the sale or purchase of goods" shall 
mean taxes on sale or purchase of goods other than newspapers, where 
such sale or purchase takes place in the course of inter-State trade or 
commerce; 
(b) the expression "taxes on the consignment of goods" shall mean 
taxes on the consignment of goods (whether the consignment is to the 
person making it or to any other person), where such consignment takes 
place in the course of inter-State trade or commerce. 
(2) The net proceeds in any financial year of any such tax, except in so 
far as those proceeds represent proceeds attributable to Union territories, shall 
not form part of the Consolidated Fund of India, but shall be assigned to the 
States within which that tax is leviable in that year, and shall be distributed 
among those States in accordance with such principles of distribution as may be 
formulated by Parliament by law.] 
3[(3) Parliament may by law formulate principles for determining when a 
4[sale or purchase of, or consignment of goods] takes place in the course of 
inter-State trade or commerce.] 
5[269A. Levy and collection of goods and services tax in course of 
inter-State trade or commerce .— (1) Goods and services tax on supplies in 
the course of inter-State trade or commerce shall be levied and collected by the 
Government of India and such tax shall be apportioned between the Union and 
the States in the manner as may be provided by Parliament by law on the 
recommendations of the Goods and Services Tax Council. 
1. Subs. by the Constitution (Eightieth Amendment) Act, 2000. s. 2, for cls. (1) and (2) 
(w.e.f. 9-6-2000). 
2. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016 s. 8,       
3. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3 (w.e.f. 11-9-1956). 
4. Subs. by the Constitution (Forty-sixth Amendment) Act, 1982. s. 2, for "sale or 
purchase of goods"  (w.e.f. 2-2-1983). 
5. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 9       

 155
Explanation. —For the purposes of this clause, supply of goods, or of 
services, or both in the course of import into the territory of India shall be 
deemed to be supply of goods, or of services, or both in the course of inter-
(2) The amount apportioned to a State under clause (1) shall not form 
part of the Consolidated Fund of India. 
(3) Where an amount collected as tax levied under clause (1) has been 
used for payment of the tax levied by a State under article 246A, such amount 
shall not form part of the Consolidated Fund of India. 
(4) Where an amount collected as tax levied by a State under article 
246A has been used for payment of the tax levied under clause (1), such 
amount shall not form part of the Consolidated Fund of the State. 
(5) Parliament may, by law, formulate the principles for determining the 
place of supply, and when a supply of goods, or of services, or both takes place 
in the course of inter-State trade or commerce.] 
1[270. Taxes levied and distributed between the Union and the 
States.—(1) All taxes and duties referred to in the Union List, except the duties 
and taxes referred to in 2[articles 268, 269 and 269A], respectively, surcharge 
on taxes and duties referred to in article 271 and any cess levied for specific 
purposes under any law made by Parliament shall be levied and collected by 
the Government of India and shall be distributed between the Union and the 
States in the manner provided in clause (2). 
3[(1A) The tax collected by the Union under clause (1) of article 246A 
shall also be distributed between the Union and the States in the manner 
provided in clause (2). 
(1B) The tax levied and collected by the Union under clause (2) of 
article 246A and article 269A, which has been used for payment of the tax 
levied by the Union under clause (1) of article 246A, and the amount 
apportioned to the Union under clause (1) of article 269A, shall also be 
distributed between the Union and the States in the manner provided in clause 
(2).] 
1. Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270      
(w.e.f. 1-4-1996). 
2. Subs. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 3, for “articles 268 
and 269” (date not notified) and further subs. by the Constitution (One Hundred and 
First Amendment) Act, 2016, s. 10, for “arts. 268, 268A and 269” (w.e.f. 16-9-2016). 
3. Ins. by s. 10, ibid. (w.e.f. 16-9-2016). 

 156
(2) Such percentage, as may be prescribed, of the net proceeds of any 
such tax or duty in any financial year shall not form part of the Consolidated 
Fund of India, but shall be assigned to the States within which that tax or duty 
is leviable in that year, and shall be distributed among those States in such 
manner and from such time as may be prescribed in the manner provided in 
clause (3). 
(3) In this article, "prescribed" means, — 
(i) until a Finance Commission has been constituted, prescribed by 
the President by order, and 
(ii) after a Finance Commission has been constituted, prescribed by 
the President by order after considering the recommendations of the  
Finance Commission.] 
271. Surcharge on certain duties and taxes for purposes of the 
Union.—Notwithstanding anything in articles 269 and 270, Parliament may at 
any time increase any of the duties or taxes referred to in those articles 1[except 
the goods and services tax under article 246A,] by a surcharge for purposes of 
the Union and the whole proceeds of any such surcharge shall form part of the 
distributed between the Union and the States. ].—Omitted by the Constitution  
(Eightieth Amendment ) Act, 2000, s. 4. (w.e.f. 9-6-2000).  
273. Grants in lieu of export duty on jute and jute products. —(1) 
There shall be charged on the Consolidated Fund of India in each year as 
grants-in-aid of the revenues of the States of Assam, Bihar, 2[Odisha] and West 
Bengal, in lieu of assignment of any share of the net proceeds in each year of 
export duty on jute and jute products to those States, such sums as may be 
prescribed. 
(2) The sums so prescribed shall continue to be charged on the 
Consolidated Fund of India so long as any export duty on jute or jute products 
continues to be levied by the Government of India or until the expiration of ten 
years from the commencement of this Constitution whichever is earlier. 
1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 11     
(w.e.f. 16-9-2016).   
2. Subs. by the Orissa (Alteration  of Name) Act, 2011 (15 of 2011), s. 5, for "Orissa" 
(w.e.f. 1-11-2011).  

 157
(3) In this article, the expression “prescribed” has the same meaning as 
in article 270. 
taxation in which States are interested .—(1) No Bill or amendment which 
imposes or varies any tax or duty in which States are interested, or which varies 
the meaning of the expression “agricultural income” as defined for the purposes 
of the enactments relating to Indian income-tax, or which affects the principles 
on which under any of the foregoing provisions of this Chapter moneys are or 
may be distributable to States, or which imposes any such surcharge for the 
purposes of the Union as is mentioned in the foregoing provisions of this 
Chapter, shall be introduced or moved in either House of Parliament except on 
the recommendation of the President. 
(2) In this article, the expression “tax or duty in which States are 
interested” means— 
(a) a tax or duty the whole or part of the net proceeds whereof are 
assigned to any State; or 
(b) a tax or duty by reference to the net proceeds whereof sums 
are for the time being payable out of the Consolidated Fund of India to 
any State. 
275. Grants from the Union to certain States .—(1) Such sums as 
Parliament may by law provide shall be charged on the Consolidated Fund of 
India in each year as grants-in-aid of the revenues of such States as Parliament 
may determine to be in need of assistance, and different sums may be fixed for 
different States:   
Provided that there shall be paid out of the Consolidated Fund of India as 
grants-in-aid of the revenues of a State such capital and recurring sums as may 
be necessary to enable that State to meet the costs of such schemes of 
development as may be undertaken by the State with the approval of the 
Government of India for the purpose of promoting the welfare of the Scheduled 
Tribes in that State or raising the level of administration of the Scheduled Areas 
therein to that of the administration of the rest of the areas of that State: 
Provided further that there shall be paid out of the Consolidated Fund of 
India as grants-in-aid of the revenues of the State of Assam sums, capital and 
recurring, equivalent to— 

 158
(a) the average excess of expenditure over the revenues during the 
two years immediately preceding the commencement of this Constitution 
in respect of the administration of the tribal areas specified in 1[Part I] of 
the table appended to paragraph 20 of the Sixth Schedule; and 
(b) the costs of such schemes of development as may be 
undertaken by that State with the approval of the Government of India 
for the purpose of raising the level of administration of the said areas to 
that of the administration of the rest of the areas of that State. 
2[(1A) On and from the formation of the autonomous State under article 
244A,— 
(i) any sums payable under clause ( a) of the second proviso to 
clause (1) shall, if the autonomous State comprises all the tribal areas 
referred to therein, be paid to the autonomous State, and, if the 
autonomous State comprises only some of those tribal areas, be 
apportioned between the State of Assam and the autonomous State as the 
President may, by order, specify; 
(ii) there shall be paid out of the Consolidated Fund of India as 
grants-in-aid of the revenues of the autonomous State sums, capital and 
recurring, equivalent to the costs of such schemes of development as 
may be undertaken by the autonomous State with the approval of the 
Government of India for the purpose of raising the level of 
administration of that State to that of the administration of the rest of the 
State of Assam.] 
(2) Until provision is made by Parliament under clause (1), the powers 
conferred on Parliament under that clause shall be exercisable by the President 
by order and any order made by the President under this clause shall have effect 
subject to any provision so made by Parliament: 
Provided that after a Finance Commission has been constituted no order 
shall be made under this clause by the President except after considering the 
recommendations of the Finance Commission. 
276. Taxes on professions, trades, callings and employments. —(1) 
Notwithstanding anything in article 246, no law of the Legislature of a State relating 
to taxes for the benefit of the State or of a municipality, district board, local board or 
other local authority therein in respect of professions, trades, callings or 
employments shall be invalid on the ground that it relates to a tax on income. 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71,       
for "Part A" (w.e.f. 21-1-1972). 
2. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3 (w.e.f. 25-9-1969). 

 159
(2) The total amount payable in respect of any one person to the State or 
to any one municipality, district board, local board or other local authority in 
the State by way of taxes on professions, trades, callings and employments 
shall not exceed 1[two thousand and five hundred rupees] per annum. 
 2*          *     *               *  
(3) The power of the Legislature of a State to make laws as aforesaid 
with respect to taxes on professions, trades, callings and employments shall not 
be construed as limiting in any way the power of Parliament to make laws with 
respect to taxes on income accruing from or arising out of professions, trades, 
callings and employments. 
277. Savings. —Any taxes, duties, cesses or fees which, immediately 
before the commencement of this Constitution, were being lawfully levied by 
the Government of any State or by any municipality or other local authority or 
body for the purposes of the State, municipality, district or other local area 
may, notwithstanding that those taxes, duties, cesses or fees are mentioned in 
the Union List, continue to be levied and to be applied to the same purposes 
until provision to the contrary is made by Parliament by law. 
278. [Agreement with States in Part B of the First Schedule with regard 
to certain financial matters.].—Omitted by the Constitution (Seventh 
Amendment) Act, 1956, s. 29 and Sch.( w.e.f. 1-11-1956 ). 
279. Calculation of “net proceeds”, etc. —(1) In the foregoing 
provisions of this Chapter, “net proceeds” means in relation to any tax or duty 
the proceeds thereof reduced by the cost of collection, and for the purposes of 
those provisions the net proceeds of any tax or duty, or of any part of any tax or 
duty, in or attributable to any area shall be ascertained and certified by the 
Comptroller and Auditor-General of India, whose certificate shall be final. 
(2) Subject as aforesaid, and to any other express provision of this 
Chapter, a law made by Parliament or an order of the President may, in any 
case where under this Part the proceeds of any duty or tax are, or may be, 
assigned to any State, provide for the manner in which the proceeds are to be 
calculated, for the time from or at which and the manner in which any 
payments are to be made, for the making of adjustments between one financial 
year and another, and for any other incidental or ancillary matters. 
1. Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for "two hundred and 
fifty rupees" (w.e.f. 20-12-1988). 
2. Proviso omitted by s.2,  ibid. (w.e.f. 20-12-1988).  

 160
1[279A. Goods and Services Tax  Council.— (1) The President shall, 
within sixty days from the date of commencement of the Constitution (One 
Hundred and First Amendment) Act, 2016, by order, constitute a Council to be 
called the Goods and Services Tax Council. 
(2) The Goods and Services Tax Council shall consist of the following 
members, namely:— 
(a) the Union Finance Minister — Chairperson; 
(b) the Union Minister of State in charge of Revenue or      
Finance — Member; 
(c) the Minister in charge of Finance or Taxation or any other 
Minister nominated by each State Government — Members. 
(3) The Members of the Goods and Services Tax Council referred to in 
sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst 
themselves to be the Vice-Chairperson of the Council for such period as they 
may decide. 
(4) The Goods and Services Tax Council shall make recommendations to 
the Union and the States on— 
(a) the taxes, cesses and surcharges levied by the Union, the 
States and the local bodies which may be subsumed in the goods and 
services tax; 
(b) the goods and services that may be subjected to, or exempted 
from, the goods and services tax; 
(c) model Goods and Services Tax Laws, principles of levy, 
apportionment of Goods and Services Tax levied on supplies in the 
course of inter-State trade or commerce under article 269A and the 
principles that govern the place of supply; 
(d) the threshold limit of turnover below which goods and services 
may be exempted from goods and services tax; 
(e) the rates including floor rates with bands of goods and services 
tax ; 
(f) any special rate or rates for a specified period, to raise 
additional resources during any natural calamity or disaster; 
1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 12      
(w.e.f. 12-9-2016).   

 161
(g) special provision with respect to the States of Arunachal 
Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, 
Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and 
(h) any other matter relating to the goods and services tax, as the 
Council may decide. 
(5) The Goods and Services Tax Council shall recommend the date on 
which the goods and services tax be levied on petroleum crude, high speed 
diesel, motor spirit (commonly known as petrol), natural gas and aviation 
turbine fuel. 
(6) While discharging the functions conferred by this article, the Goods 
and Services Tax Council shall be guided by the need for a harmonised 
structure of goods and services tax and for the development of a harmonised 
national market for goods and services. 
(7) One-half of the total number of Members of the Goods and Services 
Tax Council shall constitute the quorum at its meetings. 
(8) The Goods and Services Tax Council shall determine the procedure 
in the performance of its functions. 
(9) Every decision of the Goods and Services Tax Council shall be taken 
at a meeting, by a majority of not less than three-fourths of the weighted votes 
of the members present and voting, in accordance with the following principles, 
namely:— 
(a) the vote of the Central Government shall have a weightage of 
one-third of the total votes cast, and 
(b) the votes of all the State Governments taken together shall 
have a weightage of two-thirds of the total votes cast,  
in that meeting . 
(10) No act or proceedings of the Goods and Services Tax Council shall 
be invalid merely by reason of— 
(a) any vacancy in, or any defect in, the constitution of the 
Council; or 
(b) any defect in the appointment of a person as a Member of the 
(c) any procedural irregularity of the Council not affecting the 
merits of the case. 
(11) The Goods and Services Tax Council shall establish a mechanism to 
adjudicate any dispute— 

 162
(b) between the Government of India and any State or States on 
one side and one or more other States on the other side; or 
(c) between two or more States,  
arising out of the recommendations of the Council or implementation thereof.]  
280. Finance Commission. —(1) The President shall, within two years 
from the commencement of this Constitution and thereafter at the expiration of 
every fifth year or at such earlier time as the President considers necessary, by 
order constitute a Finance Commission which shall consist of a Chairman and 
four other members to be appointed by the President.   
(2) Parliament may by law determine the qualifications which shall be 
requisite for appointment as members of the Commission and the manner in 
which they shall be selected.  
(3) It shall be the duty of the Commission to make recommendations to 
the President as to—    
(a) the distribution between the Union and the States of the net 
proceeds of taxes which are to be, or may be, divided between them 
under this Chapter and the allocation between the States of the respective 
shares of such proceeds;   
(b) the principles which should govern the grants-in-aid of the 
revenues of the States out of the Consolidated Fund of India; 
1[(bb) the measures needed to augment the Consolidated Fund of a 
State to supplement the resources of the Panchayats in the State on the basis 
of the recommendations made by the Finance Commission of the State;] 
2[(c) the measures needed to augment the Consolidated Fund of a 
State to supplement the resources of the Municipalities in the State on 
the basis of the recommendations made by the Finance Commission of 
the State;] 
3[(d)] any other matter referred to the Commission by the 
President in the interests of sound finance. 
(4) The Commission shall determine their procedure and shall have such 
powers in the performance of their functions as Parliament may by law confer 
on them. 
1. Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993). 
2. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993). 
3. Sub-clause (c) re-lettered as sub-clause (d) by s. 3, ibid. (w.e.f. 1-6-1993). 

 163
281. Recommendations of the Finance Commission .—The President 
shall cause every recommendation made by the Finance Commission under the 
provisions of this Constitution together with an explanatory memorandum as to 
the action taken thereon to be laid before each House of Parliament. 
Miscellaneous Financial Provisions 
revenues. —The Union or a State may make any grants for any public purpose, 
notwithstanding that the purpose is not one with respect to which Parliament or 
the Legislature of the State, as the case may be, may make laws. 
moneys credited to the public accounts. —(1) The custody of the 
Consolidated Fund of India and the Contingency Fund of India, the payment of 
moneys into such Funds, the withdrawal of moneys therefrom, the custody of 
public moneys other than those credited to such Funds received by or on behalf 
of the Government of India, their payment into the public account of India and 
the withdrawal of moneys from such account and all other matters connected 
with or ancillary to matters aforesaid shall be regulated by law made by 
Parliament, and, until provision in that behalf is so made, shall be regulated by 
rules made by the President.  
 (2) The custody of the Consolidated Fund of a State and the 
Contingency Fund of a State, the payment of moneys into such Funds, the 
withdrawal of moneys therefrom, the custody of public moneys other than 
those credited to such Funds received by or on behalf of the Government of the 
State, their payment into the public account of the State and the withdrawal of 
moneys from such account and all other matters connected with or ancillary to 
matters aforesaid shall be regulated by law made by the Legislature of the 
State, and, until provision in that behalf is so made, shall be regulated by rules 
made by the Governor 1***  of the State. 
284. Custody of suitors' deposits and other moneys received by 
public servants and courts. —All moneys received by or deposited with— 
(a) any officer employed in connection with the affairs of the 
Union or of a State in his capacity as such, other than revenues or 
public moneys raised or received by the Government of India or the 
Government of the State, as the case may be, or 
(b) any court within the territory of India to the credit of any 
cause, matter, account or persons, 
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)      
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

 164
shall be paid into the public account of India or the public account of State, as 
the case may be. 
285. Exemption of property of the Union from State taxation .—(1) 
The property of the Union shall, save in so far as Parliament may by law 
otherwise provide, be exempt from all taxes imposed by a State or by any 
authority within a State. 
(2) Nothing in clause (1) shall, until Parliament by law otherwise 
provides, prevent any authority within a State from levying any tax on any 
property of the Union to which such property was immediately before the 
commencement of this Constitution liable or treated as liable, so long as that 
tax continues to be levied in that State. 
goods.—(1)  No law of a State shall impose, or authorise the imposition of, a 
tax on 1[the supply of goods or of services or both, where such supply takes  
place]— 
(a) outside the State; or 
(b) in the course of the import of the 2[goods or services or both] 
into, or export of the 2[goods or services or both] out of, the territory of 
India. 
3[*                                       *                           *                               *] 
4[(2) Parliament may by law formulate principles for determining when a 
5[supply of goods or of services or both] in any of the ways mentioned in     
clause (1). 
6[(3) *                  *                      *                         *]  
 287. Exemption from taxes on electricity .—Save in so far as 
Parliament may by law otherwise provide, no law of a State shall impose, or 
authorise the imposition of, a tax on the consumption or sale of electricity 
(whether produced by a Government or other persons) which is— 
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13,        
for "the sale or purchase of goods where such sale or purchase takes place"         
2. Subs. by  s. 13 (i)(B), ibid., for "goods" (w.e.f. 16-9-2016). 
3. Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956,  s. 4 
(w.e.f. 11-9-1956).   
4. Subs. by s.4, ibid., for cls. (2) and (3) (w.e.f. 11-9-1956). 
5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13(ii),   
for "sale or purchase of goods takes place " (w.e.f. 16-9-2016). 
6. Cl. (3) omitted by s. 13 (iii), ibid. (w.e.f. 16-9-2016). 

 165
(a) consumed by the Government of India, or sold to the 
Government of India for consumption by that Government; or 
(b) consumed in the construction, maintenance or operation of any 
railway by the Government of India or a railway company operating that 
railway, or sold to that Government or any such railway company for 
consumption in the construction, maintenance or operation of any 
railway, 
and any such law imposing, or authorising the imposition of, a tax on the sale 
of electricity shall secure that the price of electricity sold to the Government of 
India for consumption by that Government, or to any such railway company as 
aforesaid for consumption in the construction, maintenance or operation of any 
railway, shall be less by the amount of the tax than the price charged to other 
consumers of a substantial quantity of  electricity. 
288. Exemption from taxation by States in respect of water or 
electricity in certain cases .—(1) Save in so far as the President may by order 
otherwise provide, no law of a State in force immediately before the 
commencement of this Constitution shall impose, or authorise the imposition 
of, a tax in respect of any water or electricity stored, generated, consumed, 
distributed or sold by any authority established by any existing law or any law 
made by Parliament for regulating or developing any inter-State river or     
river-valley. 
Explanation.— The expression “law of a State in force” in this clause 
shall include a law of a State passed or made before the commencement of this 
Constitution and not previously repealed, notwithstanding that it or parts of it 
may not be then in operation either at all or in particular areas. 
(2) The Legislature of a State may by law impose, or authorise the 
imposition of, any such tax as is mentioned in clause (1), but no such law shall 
have any effect unless it has, after having been reserved for the consideration of 
the President, received his assent; and if any such law provides for the fixation 
of the rates and other incidents of such tax by means of rules or orders to be 
made under the law by any authority, the law shall provide for the previous 
consent of the President being obtained to the making of any such rule or order. 
taxation. —(1)  The property and income of a State shall be exempt from Union 
taxation. 

 166
(2) Nothing in clause (1) shall prevent the Union from imposing, or 
authorising the imposition of, any tax to such extent, if any, as Parliament may 
by law provide in respect of a trade or business of any kind carried on by, or on 
behalf of, the Government of a State, or any operations connected therewith, or 
any property used or occupied for the purposes of such trade or business, or any 
income accruing or arising in connection therewith. 
(3) Nothing in clause (2) shall apply to any trade or business, or to any 
class of trade or business, which Parliament may by law declare to be incidental 
to the ordinary functions of Government. 
290. Adjustment in respect of certain expenses and pensions .—
Where under the provisions of this Constitution the expenses of any court or 
Commission, or the pension payable to or in respect of a person who has served 
before the commencement of this Constitution under the Crown in India or 
after such commencement in connection with the affairs of the Union or of a 
State, are charged on the Consolidated Fund of India or the Consolidated Fund 
of a State, then, if— 
(a) in the case of a charge on the Consolidated Fund of India, the 
court or Commission serves any of the separate needs of a State, or the 
person has served wholly or in part in connection with the affairs of a 
State; or 
(b) in the case of a charge on the Consolidated Fund of a State, the 
court or  Commission serves any of the separate needs of the Union or 
another State, or the person has served wholly or  in part in connection 
with the affairs of the Union or another State, 
there shall be charged on and paid  out of the Consolidated Fund of the State or, 
as the case may be, the Consolidated Fund of India or the Consolidated Fund of 
the other State, such contribution in respect of the expenses or pension as may 
be agreed, or as may in default of agreement be determined by an arbitrator to 
be appointed by the Chief Justice of India. 
1[290A. Annual payment to certain Devaswom Funds. —A sum of 
forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, 
the Consolidated Fund of the State of Kerala every year to the Travancore 
Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be 
charged on, and paid out of, the Consolidated Fund of the State of 2[Tamil 
Nadu] every year to the Devaswom Fund established in that State for the 
maintenance of Hindu temples and shrines in the territories transferred to that 
State on the 1st day of November, 1956, from the State of Travancore-Cochin.] 
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19 (w.e.f. 1-11-1956). 
2. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for 
"Madras" (w.e.f. 14-1-1969). 

 167
291. [Privy purse sums of Rulers. ].—Omitted by the Constitution 
(Twenty-sixth Amendment ) Act, 1971, s. 2 (w.e.f. 28-12-1971).  
CHAPTER II.—BORROWING  
292. Borrowing by the Government of India. —The executive power 
of the Union extends to borrowing upon the security of the Consolidated Fund 
of India within such limits, if any, as may from time to time be fixed by 
Parliament by law and to the giving of guarantees within such limits, if any, as 
may be so fixed. 
293. Borrowing by States. —(1) Subject to the provisions of this article, 
the executive power of a State extends to borrowing within the territory of India 
upon the security of the Consolidated Fund of the State within such limits, if any, 
as may from time to time be fixed by the Legislature of such State by law and to  
the giving of guarantees within such limits, if any, as may be so fixed. 
(2) The Government of India may, subject to such conditions as may be 
laid down by or under any law made by Parliament, make loans to any State or, 
so long as any limits fixed under article 292 are not exceeded, give guarantees 
in respect of loans raised by any State, and any sums required for the purpose 
of making such loans shall be charged on the Consolidated Fund of India. 
(3) A State may not without the consent of the Government of India raise 
any loan if there is still outstanding any part of a loan which has been made to 
the State by the Government of India or by its predecessor Government, or in 
respect of which a guarantee  has been given by the Government of India or by 
its predecessor Government. 
(4) A consent under clause (3) may be granted subject to such 
conditions, if any, as the Government of India may think fit to impose. 
CHAPTER III.—PROPERTY, CONTRACTS , RIGHTS, LIABILITIES ,  
OBLIGATIONS AND SUITS 
294. Succession to property, assets, rights, liabilities and obligations 
in certain cases. —As from the commencement of this Constitution— 
(a) all property and assets which immediately before such 
commencement were vested in His Majesty for the purposes of the 
Government of the Dominion of India and all property and assets which 
immediately before such commencement were vested in His Majesty for 
the purposes of the Government of each Governor’s Province shall vest 
respectively in the Union and the corresponding State, and 

 168
(b) all rights, liabilities and obligations of the Government of the 
Dominion of India and of the Government of each Governor's Province, 
whether arising out of any contract or otherwise, shall be the rights, 
liabilities and obligations respectively of the Government of India and 
the Government of each corresponding State, 
subject to any adjustment made or to be made by reason of the creation before 
the commencement of this Constitution of the Dominion of Pakistan or of the 
Provinces of West Bengal, East Bengal, West Punjab and East Punjab. 
295. Succession to property, assets, rights, liabilities and obligations 
in other cases .—(1) As from the commencement of this Constitution— 
commencement were vested in any Indian State corresponding to a State 
specified in Part B of the First Schedule shall vest in the Union, if the 
purposes for which such property and assets were held immediately 
before such commencement will thereafter be purposes of the Union 
relating to any of the matters enumerated in the Union List, and 
(b) all rights, liabilities and obligations of the Government of any 
Indian State corresponding to a State specified in Part B of the First 
Schedule, whether arising out of any contract or otherwise, shall be the 
rights, liabilities and obligations of the Government of India, if the purposes 
for which such rights were acquired or liabilities or obligations were incurred 
before such commencement will thereafter be purposes of the Government 
of India relating to any of the matters enumerated in the Union List, 
subject to any agreement entered into in that behalf by the Government of India 
with the Government of that State. 
(2) Subject as aforesaid, the Government of each State specified in Part B 
of the First Schedule shall, as from the commencement of this Constitution, be the 
successor of the Government of the corresponding Indian State as regards all 
property and assets and all rights, liabilities and obligations, whether arising out 
of any contract or otherwise, other than those referred to in clause (1). 
296. Property accruing by escheat or lapse or as bona vacantia. —
Subject as hereinafter provided, any property in the territory of India which, if 
this Constitution had not come into operation, would have accrued to His Majesty 
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as 
bona vacantia for want of a rightful owner, shall, if it is property situate in a 
State, vest in such State, and shall, in any other case, vest in the Union: 

 169
Provided that any property which at the date when it would have so 
accrued to His Majesty or to the Ruler of an Indian State was in the possession 
or under the control of the Government of India or the Government of a State 
shall, according as the purposes for which it was then used or held were 
purposes of the Union or of a State, vest in the Union or in that State. 
Explanation.— In this article, the expressions “Ruler” and “Indian State” 
have the same meanings as in article 363. 
1[297. Things of value within territorial waters or continental shelf 
and resources of the exclusive economic zone to vest in the Union .—(1) All 
lands, minerals and other things of value underlying the ocean within the 
territorial waters, or the continental shelf, or the exclusive economic zone, of 
India shall vest in the Union and be held for the purposes of the Union. 
(2) All other resources of the exclusive economic zone of India shall also 
vest in the Union and be held for the purposes of the Union. 
(3) The limits of the territorial waters, the continental shelf, the exclusive 
economic zone, and other maritime zones, of India shall be such as may be 
specified, from time to time, by or under any law made by Parliament.] 
2[298. Power to carry on trade, etc. —The executive power of the 
Union and of each State shall extend to the carrying on of any trade or business 
and to the acquisition, holding and disposal of property and the making of 
contracts for any purpose: 
(a) the said executive power of the Union shall, in so far as such 
trade or business or such purpose is not one with respect to which 
Parliament may make laws, be subject in each State to legislation by the 
State; and 
(b) the said executive power of each State shall, in so far as such 
trade or business or such purpose is not one with respect to which the 
State Legislature may make laws, be subject to legislation by 
Parliament.] 
1. Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2 (w.e.f. 27-5-1976). 
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20 (w.e.f. 1-11-1956). 

 170
299. Contracts. —(1) All contracts made in the exercise of the executive 
power of the Union or of a State shall be expressed to be made by the 
President, or by the Governor 1*** of the State, as the case may be, and all such 
contracts and all assurances of property made in the exercise of that power shall 
be executed on behalf of the President or the Governor 1*** by such persons 
and in such manner as he may direct or authorise. 
(2) Neither the President nor the Governor 2*** shall be personally liable 
in respect of any contract or assurance made or executed for the purposes of 
this Constitution, or for the purposes of any enactment relating to the 
Government of India heretofore in force, nor shall any person making or 
executing any such contract or assurance on behalf of any of them be 
personally liable in respect thereof. 
300. Suits and proceedings. —(1) The Government of India may sue or 
be sued by the name of the Union of India and the Government of a State may 
sue or be sued by the name of the State and may, subject to any provisions 
which may be made by Act of Parliament or of the Legislature of such State 
enacted by virtue of powers conferred by this Constitution, sue or be sued in 
relation to their respective affairs in the like cases as the Dominion of India and 
the corresponding Provinces or the corresponding Indian States might have 
sued or been sued if this Constitution had not been enacted. 
(2) If at the commencement of this Constitution—  
(a) any legal proceedings are pending to which the Dominion of 
India is a party, the Union of India shall be deemed to be substituted for 
the Dominion in those proceedings; and 
(b) any legal proceedings are pending to which a Province or an 
Indian State is a party, the corresponding State shall be deemed to be 
substituted for the Province or the Indian State in those proceedings.  
3[CHAPTER IV.—R IGHT 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.]  
1. The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment)       
2. The words "nor the  Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).  
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f. 20-6-1979). 

 171PART XIII 
TRADE, COMMERCE AND INTERCOURSE WITHIN THE  
TERRITORY OF INDIA 
301. Freedom of trade, commerce and intercourse. —Subject to the 
other provisions of this Part,   trade, commerce  and intercourse throughout  the 
territory of India shall be free. 
302. Power of Parliament to impose  restrictions on trade, commerce 
and intercourse. —Parliament may  by law impose such restrictions on the 
freedom of trade, commerce or intercourse between one State and another or 
within any part of the territory of India  as may be required in the public 
interest. 
303. Restrictions on the legislative powers of the Union and of the 
States with regard to trade  and commerce. —(1) Notwithstanding anything 
in article 302, neither Parliament nor the Legislature of a State shall have power 
to make any law giving, or authorising the giving of, any preference to one 
State over another, or making, or authorising the making of, any discrimination  
between one State and another, by virtue of any entry relating to trade  and 
commerce in any of the Lists in the Seventh Schedule. 
(2) Nothing in clause (1) shall prevent Parliament from making any law 
giving, or authorising  the giving of, any preference or making, or authorising 
the making of, any discrimination if it is declared by such law that it is 
necessary to do so for the purpose of dealing with a situation arising from 
scarcity of goods in any part of the territory of India. 
304. Restrictions on  trade, commerce and intercourse  among 
States.—Notwithstanding anything in article 301  or article  303, the 
Legislature of a State  may by law— 
(a) impose on goods imported from other States 1[or the Union 
territories] any tax to which similar goods manufactured or produced in 
that State are subject, so, however, as not to discriminate between goods 
so imported and goods so manufactured or produced; and 
(b) impose such reasonable restrictions on the freedom of trade, 
commerce or intercourse with or within that State as may be required in 
the public interest: 
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.                 

(Part XIII. —Trade, Commerce and Intercourse within the Territory of India) 
 172
Provided that no Bill or amendment for the purposes of clause ( b) shall 
be introduced or moved in the Legislature of a State without the previous 
sanction of the President. 
1[305. Saving of existing laws and laws providing for State 
monopolies.— Nothing in articles 301 and 303  shall affect  the provisions of 
any existing law except in so far  as the President may by order otherwise 
direct; and nothing in article 301 shall affect the operation  of any law made 
before the commencement of the Constitution (Fourth Amendment) Act, 1955, 
in so far as it  relates to, or prevent Parliament or the Legislature of a State from 
making any law relating to, any such matter as is referred to in sub-clause ( ii) 
of clause (6) of article 19.] 
306. [Power  of  certain  States  in  Part B  of  the  First  Schedule to 
impose  restrictions  on  trade  and  commerce. ].—Omitted by the Constitution 
(Seventh Amendment ) Act, 1956, s. 29 and Sch.(w.e.f.1-11-1956). 
articles 301 to 304.— Parliament may by law appoint such  authority as it 
considers appropriate for carrying out the purposes  of articles 301, 302, 303 
and 304, and confer on the  authority so appointed such powers and such duties 
as it thinks necessary. 
 
1. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305           
(w.e.f. 27-4-1955). 

 173PART XIV 
CHAPTER I.— SERVICES 
308. Interpretation .—In this Part, unless the context otherwise requires, 
the expression “State” 1[does not include the State of Jammu and  Kashmir]. 
Union or a State. —Subject to the provisions of this Constitution, Acts of the 
appropriate Legislature may regulate the recruitment, and conditions of service 
of persons appointed, to public services and posts in connection with the affairs  
of the Union or of any State: 
Provided that it shall be competent for the President or such person as he 
may direct in the case of services and posts in connection with the affairs of the 
Union, and for the Governor 2*** of a State or such person as he may direct in 
the case of services and posts in connection with the affairs of the  State, to 
make  rules regulating the recruitment, and the conditions of service  of persons 
appointed, to such services and posts until provision in that behalf is made by 
or under an Act of the appropriate Legislature under this article, and any rules 
so made shall have effect subject to the provisions of any such Act. 
310. Tenure of office of persons serving the Union or a State. —(1) 
Except as expressly provided by this Constitution,  every person who is a 
member of a  defence service or of  a civil service of the Union or of an      
all-India service or holds any post connected with defence or any civil post 
under the Union holds office during the pleasure of the President, and  every  
person who is  a member of a civil service of a State or holds any civil post 
under a State holds office  during  the pleasure of the Governor 3*** of the 
State. 
(2) Notwithstanding that a person holding a civil post under the Union or 
a State holds office during the pleasure of the President or, as the case may be, 
of the Governor 2*** of the State, any contract under which a person, not being 
a member of a defence service or of an all-India service or of a civil service of 
the Union or a State, is appointed under this Constitution to hold such a post 
may, if the President or the Governor 4***, as the case may be, deems it 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "means 
a State specified in Part A or  Part B of the First Schedule" (w.e.f. 1-11-1956). 
2. The words "or Rajpramukh" omitted by s.29 and Sch., ibid (w.e.f. 1-11-1956). 
3. The words "or, as the case may be, the Rajpramukh" omitted by s.29 and Sch., ibid. . 
4. The words "or the Rajpramukh" omitted by s.29 and Sch., ibid. (w.e.f. 1-11-1956).  

(Part XIV. —Services under the Union and the States)   174
necessary in order to secure the services of a person having special 
qualifications, provide  for the payment to him of  compensation, if before the 
expiration of an agreed period that post is abolished or he is, for reasons not 
connected with any misconduct on  his part, required to vacate that post. 
civil capacities under the Union or a State. —(1) No person who is a member 
of a civil service of the  Union or an all-India service or a civil service of a  
State or holds a civil post under  the Union or a State shall be dismissed or 
removed by an authority subordinate to that by which he was appointed.  
1[(2) No such person  as aforesaid shall be dismissed or removed or 
reduced in rank except after an inquiry in which he has been informed of the 
charges against him and given a reasonable  opportunity of being heard in 
respect of those charges 2***: 
3[Provided that where it is proposed after such inquiry, to impose upon 
him any such penalty, such penalty may be imposed on the basis of the 
evidence adduced during such inquiry and it shall not be necessary to give such 
person any opportunity of making  representation on  the penalty proposed: 
Provided further that this clause shall not apply—] 
(a) where a person is dismissed or removed or reduced in rank on 
the ground of conduct which has led to his conviction on a criminal 
charge; or 
(b) where the authority empowered to dismiss or remove a person 
or to reduce him in rank is satisfied that for some reason, to be recorded 
by that authority in writing, it is not  reasonably practicable to hold such 
inquiry; or 
(c) where the President or the Governor, as the case may be, is 
satisfied that in the interest of the security of the State it is not expedient 
to hold such inquiry. 
(3) If, in respect of any such person as aforesaid, a question arises 
whether it is reasonably practicable to hold such inquiry as is referred to in 
clause (2), the decision thereon of the authority empowered to dismiss or 
remove such person  or to reduce him in rank shall be final.] 
1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3) 
2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44 
3. Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977). 

(Part XIV. —Services under the Union and the States)   175
312. All-India services. —(1) Notwithstanding anything in 1[Chapter VI 
of Part VI or Part XI], if the Council of States has declared by resolution 
supported by not less than two-thirds of the members present and voting that it 
is necessary or expedient in the national interest so to do, Parliament may by 
law provide for the creation of one  or more all India services 2[(including  an 
all-India judicial service)] common to the Union and the States, and, subject to 
the other provisions of this Chapter, regulate the recruitment, and the 
conditions of service of persons appointed, to any such service. 
(2) The services known at the commencement of this Constitution as the 
Indian Administrative Service and the Indian Police Service shall be deemed to 
be services created by Parliament under this article. 
2[(3) The all-India judicial   service referred to in clause (1) shall not 
include any post inferior to that of a district judge as defined in article 236. 
(4) The law providing for the creation of the all-India judicial service 
aforesaid may contain such provisions for the amendment of Chapter VI of  
Part VI as may be necessary for giving effect to the provisions of that law and 
no such law shall be deemed to be an amendment of this Constitution for the 
purposes of article 368.] 
3[312A. Power of Parliament to vary or revoke conditions of service 
of officers of certain services. —(1) Parliament may by law— 
(a) vary or revoke, whether prospectively or retrospectively, the 
conditions of services as respects remuneration, leave and pension and 
the rights as respects disciplinary matters of persons who, having been 
appointed by the Secretary of State or Secretary of State in Council to a 
civil service of the Crown in India before the commencement  of this 
Constitution, continue on and after the commencement of the 
Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the 
Government of India or of  a State in any service or post; 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for "Part XI" 
2. Ins. by  s. 45, ibid. (w.e.f. 3-1-1977). 
3. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972). 

(Part XIV. —Services under the Union and the States)   176
(b) vary or revoke, whether prospectively or retrospectively, the 
conditions of service as respects pension of  persons who, having been 
civil service of the Crown in India before the commencement of this 
Constitution, retired or otherwise ceased to be in service at any time 
before the commencement of the Constitution (Twenty-eighth 
Amendment) Act, 1972: 
Provided that in the case of  any such person who is holding or has held 
the office  of the Chief Justice or  other Judge of the Supreme Court or a High 
Court, the Comptroller and Auditor-General of India, the Chairman or other 
member of the Union or a State Public Service Commission or the Chief 
Election Commissioner, nothing in sub-clause ( a) or sub-clause ( b) shall be 
construed as empowering Parliament to vary or revoke, after his appointment  
to such post, the conditions of his service to his disadvantage except in so far as 
such conditions of service are applicable to him by reason of his being  a 
person appointed by the Secretary of State or Secretary of State  in Council to a 
civil service of the Crown in India. 
(2) Except to the extent provided for by Parliament by law under this 
article, nothing in this article shall affect the power of  any Legislature or other 
authority under any other  provision of this Constitution to regulate the 
conditions  of service of persons referred to in clause (1). 
(3) Neither the Supreme Court nor any other court shall have jurisdiction in— 
(a) any dispute arising out of any provision of, or any 
endorsement on, any covenant, agreement or other similar instrument 
which was entered into or executed by any person referred to in     
clause (1), or arising out of any letter issued to such person, in relation to 
his appointment to any civil service of the Crown in India or his 
continuance in service under the Government of the Dominion  of India 
or a Province thereof; 
(b) any dispute in  respect of any right, liability or obligation 
under article 314 as originally enacted. 
(4) The provisions of this article shall have effect notwithstanding 
anything in article 314 as originally enacted or in any other provision  of this 
Constitution.] 

(Part XIV. —Services under the Union and the States)   177
313. Transitional provisions. —Until other provision is made in this 
behalf under this Constitution, all the laws in force immediately before the 
commencement of this Constitution and applicable to any public service or any 
post which continues to exist after the commencement of this Constitution, as 
an all-India service or as service or post under the Union or a State shall 
continue in force so far as consistent with the provisions of this Constitution. 
314. [Provision for protection of existing officers of certain services.] .— 
Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3             
(w.e.f. 29-8-1972) . 
CHAPTER II.— PUBLIC SERVICE COMMISSIONS  
315. Public Service Commissions for the Union and for the States .—
(1) Subject to the provisions of this article, there shall be a Public Service 
Commission for the Union and a Public Service Commission for each State. 
(2) Two or more States may agree that there shall be one Public Service 
Commission for that group of States, and if a resolution to that effect is passed 
by the House or, where there are two Houses, by each House of the Legislature 
of each of those States, Parliament may by law provide for the appointment of a 
Joint State Public Service Commission (referred to in this Chapter as Joint 
Commission) to  serve the needs of those States. 
(3) Any such law as aforesaid may contain such incidental and 
consequential provisions as may be necessary or desirable for giving effect to 
the purposes of the law. 
(4) The Public Service Commission for the Union, if requested so to do 
by the Governor 1*** of a State, may, with the approval of the President, agree 
to serve all or any of the needs  of the State. 
(5) References in this Constitution to the Union Public Service 
Commission or a State Public Service Commission shall, unless the context 
otherwise requires, be construed as references to the Commission  serving the 
needs of the Union or, as the case may be, the State as respects the  particular 
matter  in question. 
316. Appointment and term of office of members .—(1) The Chairman 
and other members of  a Public Service Commission shall be appointed, in the 
case of the  Union Commission or a Joint Commission, by the President, and in 
the case of a State  Commission, by the Governor of the State: 
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)    

(Part XIV. —Services under the Union and the States)   178
Provided that as nearly as may be one-half of the members of every 
Public Service Commission shall be persons who at the dates of their respective 
appointments have held office for at least ten  years either under  the 
Government of India or under the Government of a State, and in computing the 
said period of ten years any period before the commencement of this 
Constitution during which a person has held office  under the Crown in India or 
under the Government of an  Indian State shall be included. 
1[(1A) If the office of the Chairman of the Commission becomes vacant 
or if any such Chairman is by reason of absence or for any other reason unable 
to perform the duties of his office, those  duties shall, until some person 
appointed under clause (1) to the vacant office has entered on the duties thereof 
or, as the case may be, until the Chairman has resumed his duties, be performed 
by such one  of the other members of the Commission  as  the President, in the 
case of the Union Commission or a Joint Commission,  and the Governor of the 
State in the case of a State Commission, may appoint  for the purpose.] 
(2) A member of a Public Service Commission shall hold office for a 
term of six years from the date on which he enters upon his office or until he 
attains, in the case of the Union Commission, the age of sixty-five years, and in 
the case of a State Commission or a Joint Commission, the age of 2[sixty-two 
years], whichever is earlier: 
(a) a member of a Public Service Commission may, by writing  under 
his hand  addressed, in the case of the Union Commission  or a Joint 
Commission, to the President, and in the case of a State Commission, to 
the Governor 3*** of the State, resign his office; 
(b) a member of a Public Service Commission may be removed from 
his  office in the manner provided in  clause (1) or clause (3) of          
article  317. 
(3) A person who holds office as a member of a Public Service 
Commission shall, on the expiration of his term of office, be ineligible for    
re-appointment to that office. 
1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963). 
2. Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for "sixty years" 
(w.e.f. 7-9-1976). 
3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)    

(Part XIV. —Services under the Union and the States)   179
317. Removal and suspension of a member of a Public Service 
Commission .—(1) Subject to the provisions of clause (3), the Chairman  or 
any other member of a Public Service Commission shall  only be removed from 
his office by order of the President on the ground of misbehaviour after the 
Supreme Court, on reference being made to it by the President, has, on inquiry 
held in accordance with the procedure prescribed in that behalf under        
article 145, reported that the Chairman or such other member, as the case may  
be, ought  on any such ground to be removed. 
(2) The President, in the case of the  Union Commission or a Joint 
Commission, and the Governor 1*** in the case  of a State Commission, may 
suspend from office the Chairman  or any other member of the Commission in  
respect of whom a reference  has been made to the Supreme Court under   
clause (1) until the President has passed orders on receipt  of the report of the 
Supreme Court on such reference. 
(3) Notwithstanding anything in clause (1), the President may by order 
remove from office the Chairman or any other member of a Public Service 
Commission if the Chairman or  such other member, as the case may be,— 
(a) is adjudged an insolvent; or 
(b) engages during his term of office in any paid employment outside 
the duties of his office; or 
(c) is, in the opinion of the President, unfit to continue in office by 
reason of infirmity of mind or body. 
(4) If the Chairman or any other member of  a Public Service 
Commission is or becomes in any way concerned or interested in any contract 
or agreement made by or on behalf of the Government of India or the  
Government of a State or participates in any way in the profit thereof or in any 
benefit or emolument arising therefrom otherwise than as a member and in 
common with  the other members of an incorporated company, he shall, for the 
purposes of clause (1), be deemed to be guilty of misbehaviour. 
318. Power to make regulations as to conditions of service of 
members and staff of the Commission .—In the case of the Union 
Commission or a Joint Commission, the President and, in the case of a State 
Commission, the Governor 1***  of the  State may by regulations— 

(Part XIV. —Services under the Union and the States)   180
(a) determine the number of members of the Commission and their 
conditions of service; and 
(b) make provision with respect to the number of members of the 
staff of the Commission and their conditions of service: 
Provided that the conditions of service of a member of a Public Service 
Commission shall not be varied to his disadvantage after his appointment. 
319. Prohibition as to the holding of offices by members of 
Commission on ceasing to be such members .—On ceasing to hold office— 
(a) the Chairman of the Union Public Service Commission shall be 
ineligible for further employment either under the Government of India 
or under the Government of a State; 
(b) the Chairman of a State Public Service Commission shall be 
eligible for appointment as the Chairman or any other member of the 
Union Public Service Commission or as the Chairman of any other State 
Public Service Commission, but not for any other employment either 
under the Government of India or under the Government of a State; 
(c) a member other than the Chairman of the Union Public Service 
Commission shall be eligible for appointment as the Chairman of the 
Union Public Service Commission or as the Chairman of a State Public 
Service Commission, but not for any other employment either under the 
Government of India or under the Government of a State; 
(d) a member other than the Chairman of a State Public Service 
Commission shall be eligible for appointment as the Chairman or any 
other member of the Union Public Service Commission or as the 
Chairman of that or any other State Public Service Commission, but not 
for any other employment either under the Government of India or under 
the Government of a State. 
320. Functions of Public Service Commissions. —(1) It shall be the 
duty of the Union and the State Public Service Commissions to conduct 
examinations for appointments to the services of the Union and the services of 
the State respectively. 
(2) It shall also be the duty of the Union Public Service Commission, if 
requested by any two or more States so to do, to assist those States in framing 
and operating schemes of joint recruitment for any services for which 
candidates possessing special qualifications are required. 
(3) The Union Public Service Commission or the State Public Service 
Commission, as the case may be, shall be consulted— 

(Part XIV. —Services under the Union and the States)   181
(a) on all matters relating to methods of recruitment to civil 
services and for civil posts; 
(b) on the principles to be followed in making appointments to 
civil services and posts and in making promotions and transfers from one 
service to another and on the suitability of candidates for such 
appointments, promotions or transfers; 
(c) on all disciplinary matters affecting a person serving under the 
Government of India or the Government of a State in a civil capacity, 
including memorials or petitions relating to such matters; 
(d) on  any claim by or in respect of a person who is serving or 
has served under the Government of India or the Government of a State 
or under the Crown in India or under the Government of an Indian State, 
in a civil capacity, that any costs incurred by him in defending legal 
proceedings instituted against him in respect of acts done or purporting 
to be done in the execution of his duty should be paid out of the 
Consolidated Fund of India, or, as the case may be, out of the 
(e) on any claim for the award of a pension in respect of injuries 
sustained by a person while serving under the Government of India or 
the Government of a State or under the Crown in India or under the 
Government of an Indian State, in a civil capacity, and any question as to 
the amount of any such award, 
and it shall be the duty of a Public Service Commission to advise on any matter 
so referred to them and on any other matter which the President, or, as the case 
may be, the Governor 1*** of the State, may refer to them: 
Provided that the President as respects the all-India services and also as 
respects other services and posts in connection with the affairs of the Union, 
and the Governor 2***, as respects other services and posts in connection with 
the affairs of a State, may make regulations specifying the matters in which 
either generally, or in any particular class of case or in any particular 
circumstances, it shall not be necessary for a Public Service Commission to be 
consulted. 
(4) Nothing in clause (3) shall require a Public Service Commission to 
be consulted as respects the manner in which any provision referred to in clause 
(4) of article 16 may be made or as respects the manner in which effect may be 
given to the provisions of article 335. 
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.    

(Part XIV. —Services under the Union and the States)   182
(5) All regulations made under the proviso to clause (3) by the President 
or the Governor 1*** of a State shall be laid for not less than fourteen days 
before each House of Parliament or the House or each House of the Legislature 
of the State, as the case may be, as soon as possible after they are made, and 
shall be subject to such modifications, whether by way of repeal or amendment, 
as both Houses of Parliament or the House or both Houses of the Legislature of 
the State may make during the session in which they are so laid. 
321. Power to extend functions of Public Service Commissions. —An 
Act made by Parliament or, as the case may be, the Legislature of a State may 
provide for the exercise of additional functions by the Union Public Service 
Commission or the State Public Service Commission as respects the services of 
the Union or the State and also as respects the services of any local authority or 
other body corporate constituted by law or of any public institution. 
322. Expenses of Public Service Commissions. —The expenses of the 
Union or a State Public Service Commission, including any salaries, 
allowances and pensions payable to or in respect of the members or staff of the 
Commission, shall be charged on the Consolidated Fund of India or, as the case 
may be, the Consolidated Fund of the State. 
323. Reports of Public Service Commissions. —(1) It shall be the duty 
of the Union Commission to present annually to the President a report as to the 
work done by the Commission and on receipt of such report the President shall 
cause a copy thereof together with a memorandum explaining, as respects the 
cases, if any, where the advice of the Commission was not accepted, the 
reasons for such non-acceptance to be laid before each House of Parliament. 
(2) It shall be the duty of a State Commission to present annually to the 
Governor 1*** of the State a report as to the work done by the Commission, 
and it shall be the duty of a Joint Commission to present annually to the 
Governor 1*** of each of the States the needs of which are served by the Joint 
Commission a report as to the work done by the Commission in relation to that 
State, and in either case the Governor 2***, shall, on receipt of such report, 
reasons for such non-acceptance to be laid before the Legislature of the State. 
2. The words "or Rajpramukh, as the case may be" omitted by  s. 29 and Sch. ibid.    

 1831[PART  XIVA  
TRIBUNALS 
323A. Administrative tribunals.— (1) Parliament may, by law, provide 
for the adjudication or trial by administrative tribunals of disputes and 
complaints with respect to recruitment and conditions of service of persons 
appointed to public services and posts in connection with the affairs of the 
Union or of any State or of any local or other authority within the territory of 
India or under the control of the Government of India or of any corporation 
owned or controlled by the Government. 
(2) A law made under clause (1) may— 
(a) provide for the establishment of an administrative tribunal for the 
Union and a separate administrative tribunal for each State or for two or 
more States; 
(b) specify the jurisdiction, powers (including the power to punish for 
contempt) and authority which may be exercised by each of the said 
tribunals; 
(c) provide for the procedure (including provisions as to limitation 
and rules of evidence) to be followed by the said tribunals; 
(d) exclude the jurisdiction of all courts, except the jurisdiction of the 
Supreme Court under article 136, with respect to the disputes or 
complaints referred to in clause (1); 
(e) provide for the transfer to each such administrative tribunal of any 
cases pending before any court or other authority immediately before the 
establishment of such tribunal as would have been within the jurisdiction 
of such tribunal if the causes of action on which such suits or 
proceedings are based had arisen after such establishment; 
(f) repeal or amend any order made by the President under clause (3) 
of article 371D; 
(g) contain such supplemental, incidental and consequential 
provisions (including provisions as to fees) as Parliament may deem 
necessary for the effective functioning of, and for the speedy disposal of 
1. Part XVA ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 46 (w.e.f. 
3-1-1977).   

(Part XIVA. —Tribunals) 184
cases by, and the enforcement of the orders of, such tribunals. 
(3) The provisions of this article shall have effect notwithstanding 
anything in any other provision of this Constitution or in any other law for the 
time being in force. 
323B. Tribunals for other matters.— (1) The appropriate Legislature 
may, by law, provide for the adjudication or trial by tribunals of any disputes, 
complaints, or offences with respect to all or any of the matters specified in 
clause (2) with respect to which such Legislature has power to make laws. 
(2) The matters referred to in clause (1) are the following, namely:— 
(a) levy, assessment, collection and enforcement of any tax; 
(b) foreign exchange, import and export across customs frontiers; 
(c) industrial and labour disputes; 
(d) land reforms by way of acquisition by the State of any estate as 
defined in article 31A or of any rights therein or the extinguishment or 
modification of any such rights or by way of ceiling on agricultural land 
or in any other way; 
(e) ceiling on urban property; 
(f) elections to either House of Parliament or the House or either 
House of the Legislature of a State, but excluding the matters referred to 
in article 329 and article 329A; 
(g) production, procurement, supply and distribution of food-stuffs 
(including edible oilseeds and oils) and such other goods as the President 
may, by public notification, declare to be essential goods for the purpose 
of this article and control of prices of such goods; 
1[(h) rent, its regulation and control and tenancy issues including the 
right, title and interest of landlords and tenants;] 
2[(i)] offences against laws with respect to any of the matters 
specified in sub-clauses ( a) to 3[(h)] and fees in respect of any of those 
1. Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994). 
2. Sub-clause (h) re-lettered as sub-clause (i) by s. 2, ibid. (w.e.f. 15-5-1994). 
3. Subs. by s. 2, ibid., for  cl. “(g)” (w.e.f. 15-5-1994).  

(Part XIVA. —Tribunals) 185
matters; 
1[(j)] any matter incidental to any of the matters specified in          
sub-clauses ( a) to 2[(i)]. 
(3) A law made under clause (1) may— 
(a) provide for the establishment of a hierarchy of tribunals; 
Supreme Court under article 136, with respect to all or any of the matters 
falling within the jurisdiction of the said tribunals; 
(e) provide for the transfer to each such tribunal of any cases pending 
before any court or any other authority immediately before the 
(f) contain such supplemental, incidental and consequential 
provisions (including provisions as to fees) as the appropriate 
Legislature may deem necessary for the effective functioning of, and for  
the speedy disposal of cases by, and the enforcement of the orders of, 
such tribunals. 
Explanation.— In this article, “appropriate Legislature”, in relation to any 
matter, means Parliament or, as the case may be, a State Legislature competent 
to make laws with respect to such matter in accordance with the provisions of 
Part XI.] 
1. Sub-clause (i) re-lettered as sub-clause ( j) by the Constitution (Seventy-fifth 
Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994). 
2.  Subs. by s. 2, ibid,  for “(h)” (w.e.f. 15-5-1994) . 

 186PART XV 
ELECTIONS 
324. Superintendence, direction and control of elections to be vested 
in an Election Commission.— (1) The superintendence, direction and control 
of the preparation of the electoral rolls for, and the conduct of, all elections to 
Parliament and to the Legislature of every State and of elections to the offices 
of President and Vice-President held under this Constitution 1*** shall be 
vested in a Commission (referred to in this Constitution as the Election 
Commission). 
(2) The Election Commission shall consist of the Chief Election 
Commissioner and such number of other Election Commissioners, if any, as the 
President may from time to time fix and the appointment of the Chief Election 
Commissioner and other Election Commissioners shall, subject to the provisions 
of any law made in that behalf by Parliament, be made by the President. 
(3) When any other Election Commissioner is so appointed the Chief 
Election Commissioner shall act as the Chairman of the Election Commission. 
(4) Before each general election to the House of the People and to the 
Legislative Assembly of each State, and before the first general election and 
thereafter before each biennial election to the Legislative Council of each State 
having such Council, the President may also appoint after consultation with the 
Election Commission such Regional Commissioners as he may consider 
necessary to assist the Election Commission in the performance of the 
functions conferred on the Commission by clause (1). 
(5) Subject to the provisions of any law made by Parliament, the conditions 
of service and tenure of office of the Election Commissioners and the Regional 
Commissioners shall be such as the President may by rule determine: 
Provided that the Chief Election Commissioner shall not be removed 
from his office except in like manner and on the like grounds as a Judge of the 
Supreme Court and the conditions of service of the Chief Election 
Commissioner shall not be varied to his disadvantage after his appointment: 
1. The words "including the appointment of  election tribunals for the decision of doubts 
and disputes arising ou t of or in connection with elections to Parliament and to the 
Legislatures of States" omitted by the Constitution (Nineteenth Amendment)          
Act, 1966, s. 2 (w.e.f. 11-12-1966). 

(Part XV. —Elections) 187
Provided further that any other Election Commissioner or a Regional 
Commissioner shall not be removed from office except on the recommendation 
of the Chief Election Commissioner. 
(6) The President, or the Governor 1*** of a State, shall, when so 
requested by the Election Commission, make available to the Election 
Commission or to a Regional Commissioner such staff as may be necessary for 
the discharge of the functions conferred on the Election Commission by    
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.—There shall be one general electoral roll for every territorial constituency 
for election to either House of Parliament or to the House or either House of the 
Legislature of a State and no person shall be ineligible for inclusion in any such 
roll or claim to be included in any special electoral roll for any such 
constituency on grounds only of religion, race, caste, sex or any of them. 
326. Elections to the House of the People and to the Legislative 
Assemblies of States to be on the basis of adult suffrage.— The elections to 
the House of the People and to the Legislative Assembly of every State shall be 
on the basis of adult suffrage; that is to say, every person who is a citizen of 
India and who is not less than 2[eighteen years] of age on such date as may be 
fixed in that behalf by or under any law made by the appropriate Legislature 
and is not otherwise disqualified under this Constitution or any law made by 
the appropriate Legislature on the ground of non-residence, unsoundness of 
mind, crime or corrupt or illegal practice, shall be entitled to be registered as a 
voter at any such election.   
327. Power of Parliament to make provision with respect to elections 
to Legislatures. —Subject to the provisions of this Constitution, Parliament 
may from time to time by law make provision with respect to all matters 
relating to, or in connection with, elections to either House of Parliament or to 
the House or either House of the Legislature of a State including the 
preparation of electoral rolls, the delimitation of constituencies and all other 
matters necessary for securing  the due constitution of such House or Houses. 
2. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for "twenty-one 
years" (w.e.f. 28-3-1989). 

(Part XV. —Elections) 188
328. Power of Legislature of a State to make provision with respect 
to elections to such Legislature.— Subject to the provisions of this 
Constitution and in so far as provision in that behalf is not made by Parliament, 
the Legislature of a State may from time to time by law make provision with 
respect to all matters relating to, or in  connection with, the elections to the 
House or either House of the Legislature of the State including the preparation 
of electoral rolls and all other matters necessary for securing the due 
constitution of such House or Houses. 
329. Bar to interference by courts in electoral matters.—
1[Notwithstanding anything in this Constitution 2***—] 
purporting to be made under article 327 or article 328, shall not be called 
in question in any court; 
(b) no election to either House of Parliament or to the House or 
either House of the Legislature of a State shall be called in question 
manner as may be provided for by or under any law made by the 
appropriate Legislature. 
3329A. [Special provision as to elections to Parliament in the case of 
Prime Minister and Speaker. ].—Omitted by the Constitution (Forty-fourth 
Amendment ) Act, 1978, s. 36 (w.e.f. 20-6-1979). 
 
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words 
(w.e.f. 10-8-1975). 
2. The words, figures and letter "but subject to the provisions of article 329A" omitted by 
the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979). 
3. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4 (w.e.f. 10-8-1975).  

 189PART  XVI 
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES 
330. Reservation of seats for Scheduled Castes and Scheduled Tribes 
in the House of the People. —(1) Seats shall be reserved in the House of the 
People for — 
(a) the Scheduled Castes; 
1[(b) the Scheduled Tribes except the Scheduled Tribes in the 
autonomous districts of Assam; and] 
(c) the Scheduled Tribes in the autonomous districts of Assam. 
 (2) The number of seats reserved in any State 2[or Union territory] for 
the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as 
nearly as may be, the same proportion to the total number of seats allotted to 
that State 2[or Union territory] in the House of the People as the population of 
the Scheduled Castes in the State 2[or Union territory] or of the Scheduled 
Tribes in the State 2[or Union territory] or part of the State 2[or Union 
territory], as the case may be, in respect of which seats are so reserved, bears to 
the total population of the State 2[or Union territory]. 
3[(3) Notwithstanding anything contained in clause (2), the number of 
seats reserved in the House of the People for the Scheduled Tribes in the 
autonomous districts of Assam shall bear to the total number of seats allotted to 
that State a proportion not less than the population of the Scheduled Tribes in 
the said autonomous districts bears to the total population of the State.] 
4[Explanation.— In this article and in article 332, the expression 
“population” means the population as ascertained at the last preceding census 
of which the relevant figures have been published: 
census of which the relevant figures have been  published shall, until the 
relevant figures for the first census taken after the year 5[2026] have been 
published, be construed as a reference to the 6[2001] census.] 
1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b)                 
(w.e.f. 16-6-1986). 
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 
3. Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3 (w.e.f. 17-10-1973). 
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977). 
5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for "2000" (w.e.f. 21-2-2002).  
6. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for "1991" (w.e.f. 22-6-2003).  

(Part XVI. —Special Provisions Relating to Certain Classes) 190
331. Representation of the Anglo-Indian Community in the House of 
the People. —Notwithstanding anything in article 81, the President may, if he is 
of opinion that the Anglo-Indian community is not adequately represented in 
the House of the People, nominate not more than two members of that 
community to the House of the People. 
332. Reservation of seats for Scheduled Castes and Scheduled Tribes 
in the Legislative Assemblies of the States. —(1) Seats shall be reserved for 
the Scheduled Castes and the Scheduled Tribes, 1[except the Scheduled Tribes 
in the autonomous districts of Assam], in the Legislative Assembly of every 
State 2***. 
(2) Seats shall be reserved also for the autonomous districts in the 
Legislative Assembly of the State of Assam.   
(3) The number of seats reserved for the Scheduled Castes or the 
Scheduled Tribes in the Legislative Assembly of any State under clause (1) 
shall bear, as nearly as may be, the same proportion to the total number of seats 
in the Assembly as the population of the Scheduled Castes in the State or of the 
Scheduled Tribes in the State or part of the State, as the case may be, in respect 
of which seats are so reserved, bears to the total population of the State. 
3[(3A) Notwithstanding anything contained in clause (3), until the taking 
effect, under article 170, of the re-adjustment, on the basis of the first census 
after the year 4[2026], of the number of seats in the Legislative Assemblies of 
the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats 
which shall be reserved for the Scheduled Tribes in the Legislative Assembly 
of any such State shall be,— 
(a) if all the seats in the Legislative Assembly of such State in 
existence on the date of coming into force of the Constitution (Fifty-
seventh Amendment) Act, 1987 (hereafter in this clause referred to as 
the existing Assembly) are held by members of the Scheduled Tribes, all 
the seats except one; 
(b) in any other case, such number of seats as bears to the total 
number of seats, a proportion not less than the number (as on the said 
date) of members belonging to the Scheduled Tribes in the existing 
Assembly bears to the total number of seats in the existing Assembly.] 
1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986). 
2. The words and letters  "specified in Part A or  Part B of the First Schedule" omitted by the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 
3.  Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987). 
4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000" (w.e.f. 21-2-2002). 

(Part XVI. —Special Provisions Relating to Certain Classes) 191
1[(3B) Notwithstanding anything contained in clause (3), until the        
re-adjustment, under article 170, takes effect on the basis of the first census 
after the year 2[2026], of the number of seats in the Legislative Assembly of the 
State of Tripura, the seats which shall be reserved for the Scheduled Tribes in 
the Legislative Assembly shall be, such number of seats as bears to the total 
number of seats, a proportion  not less than the number, as on the date of 
coming into force of the Constitution (Seventy-second Amendment) Act, 1992, 
of members belonging to the Scheduled Tribes in the Legislative Assembly in 
existence on the said date bears to the total number of seats in that Assembly.] 
(4) The number of seats reserved for an autonomous district in the 
Legislative Assembly of the State of Assam shall bear to the total number of 
seats in that Assembly a proportion not less than the population of the district 
bears to the total population of the State. 
(5) The constituencies for the seats reserved for any autonomous district 
of Assam shall not comprise any area outside that district 3***. 
(6) No person who is not a member of a Scheduled Tribe of any 
autonomous district of the State of Assam shall be eligible for election to the 
Legislative Assembly of the State from any constituency of that district 3***: 
4[Provided that for elections to the Legislative Assembly of the State of 
Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in 
the constituencies included in the Bodoland Territorial Areas District, so 
notified, and existing prior to the constitution of Bodoland Territorial Areas 
District, shall be maintained.]  
333. Representation of the Anglo-Indian community in the 
Legislative Assemblies of the States. —Notwithstanding anything in article 
170, the Governor 5*** of a State may, if he is of opinion that the Anglo-Indian 
community needs representation in the Legislative Assembly of the State and is 
not adequately represented therein, 6[nominate one member of that community 
to the Assembly]. 
1. Ins. by the Constitition (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992). 
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000"           
3. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), 
s. 71 (w.e.f. 21-1-1972). 
4. Ins. by the Constitution  (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003). 
5. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956,  
6. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for "nominate such 
number of members of the community to the Assembly as he considers appropriate"     
(w.e.f. 23-1-1970) . 

(Part XVI. —Special Provisions Relating to Certain Classes) 192
334. 1[Reservation of seats and special representation to cease after 
certain period]. —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 2[eighty years in 
respect of clause (a) and seventy years in respect of clause ( b)] from the 
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: 
3[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. 
1. Subs. by the Constitution  (One hundred and fourth Amendment) Act, 2019, s. 2, for 
marginal heading (w.e.f. 25-1-2020). 
2. Subs. by s. 2, ibid., for “seventy years” (w.e.f. 25-1-2020). The words “seventy years” 
subs. for “sixty years” by the  Constitution  (Ninety-fifth Amendment) Act, 2009, s.2 
(w.e.f. 25-1-2010). The words “sixty years” subs. for “fifty years” by the Constitution  
(Seventy-ninth Amendment) Act, 1999, s. 2 (w.e.f. 25-1-2000). The words “fifty years” 
subs. for “forty years” by the Constitution (Sixty-second Amendment) Act, 1989, s. 2 
(w.e.f. 20-12-1989).  The words “forty years” subs. for “thirty years” by the Constitution  
(Forty-fifth Amendment) Act, 1980, s. 2 (w.e.f. 25-1-1980). 
3. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000). 

(Part XVI. —Special Provisions Relating to Certain Classes) 193
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. 
(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 1*** 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: 
Constitution such grants, to the extent to which they are a special concession to 
the Anglo-Indian community, shall cease: 
Provided further that no educational institution shall be entitled to 
receive any grant under this article unless at least forty per cent. of the annual 
admissions therein are made available to members of communities other than 
the Anglo-Indian community. 
 338. 2[National Commission for Scheduled Castes]. —3[4[(1) There 
shall be a Commission for the Scheduled Castes to be known as the National 
Commission for the Scheduled Castes. 
1. The words and letters  "specified in Part A or  Part B of the First Schedule" omitted by 
2. Subs. by the Constitution  (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal 
heading (w.e.f. 19-2-2004). 
3. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls. (1) and (2) 
(w.e.f. 12-3-1992). 
4. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls. (1) and 
(2) (w.e.f. 19-2-2004). 

(Part XVI. —Special Provisions Relating to Certain Classes) 194
 (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 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 Castes 1*** 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 Castes 1***; 
(c) to participate and advise on the planning process of           
socio-economic development of the Scheduled Castes 1*** 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 recommendations 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        
socio-economic development of the Scheduled Castes 1***; and 
(f) to discharge such other functions in relation to the protection, 
welfare and development and advancement of the Scheduled Castes 1*** 
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 of such recommendations. 
1. The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth 
Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004). 

(Part XVI. —Special Provisions Relating to Certain Classes) 195
(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 
(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; 
(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 Castes  1***]. 
2[(10)] In this article, references to the Scheduled Castes 1*** shall be 
construed as including references 3*** to the Anglo-Indian community. 
 
Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).  
2. Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, 
s. 2 (w.e.f. 12-3-1992). 
3.The words, brackets and figures "to such other backward classes as the President may, 
on receipt of the report of a Commission appointed under cl. (1) of article 340, by 
order specify and also" omitted by the Constitution (One Hundred and Second 
Amendment) Act, 2018, s. 2 (w.e.f. 15-8-2018). 

(Part XVI. —Special Provisions Relating to Certain Classes) 196
1[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. 
such as the President may 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.  
(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;  
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 recommendations 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 socio-economic development of the 
Scheduled Tribes; and  
welfare and development and advancement of the Scheduled Tribes as 
the President may, subject to the provisions of any law made by 
1. Art.338A ins. by the Constitution  (Eighty-ninth Amendment)  Act, 2003, s. 3  
     (w.e.f. 19-2-2004).   

(Part XVI. —Special Provisions Relating to Certain Classes) 197
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 
clause (5), have all the powers of a civil court trying a suit and in particular in 
respect of the following matters, namely:— 
any part of  India and examining him on oath; 
(e) issuing commissions for the examination of witnesses and documents; 
(f) any other matter which the President may, by rule,  determine. 
Commission on all major policy matters affecting Scheduled Tribes.] 
1[338B. National Commission for Backward Classes. —(1) There shall 
be a Commission for the socially and educationally backward classes to be 
known as the National Commission for Backward Classes. 
such as the President may by rule determine. 
Commission shall be appointed by the President by warrant under his hand and 
1. Art. 338B ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, 
s. 3 (w.e.f. 15-8-2018). 

(Part XVI. —Special Provisions Relating to Certain Classes) 198
seal. 
provided for the socially and educationally backward classes 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 
deprivation of rights and safeguards of the socially and educationally 
backward classes; 
(c) to participate and advise on the socio-economic development 
of the socially and educationally backward classes and to evaluate the 
(e) to make in such reports the recommendations 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 socio-economic development of the socially and 
educationally backward classes; and 
welfare and development and advancement of the socially and 
educationally backward classes as the President may, subject to the 
provisions of any law made by Parliament, by rule specify. 
reasons for the non-acceptance, if any, of any such recommendations. 
forwarded to the State Government which shall cause it to be laid before the 
reasons for the non-acceptance, it any, of any of such recommendations. 

(Part XVI. —Special Provisions Relating to Certain Classes) 199
respect of the following matters, namely :—   
(f) any other matter which the President may by rule, determine. 
Commission on all major policy matters affecting the socially and 
educationally backward classes:] 
1[Provided that nothing in this clause shall apply for the purposes of 
clause (3) of article 342A.]  
339. Control of the Union over the administration of Scheduled 
Areas and the welfare of Scheduled Tribes. —(1) The President may at any 
time and shall, at the expiration of ten years from the commencement of this 
Constitution by order appoint a Commission to report on the administration of 
the Scheduled Areas and the welfare of the Scheduled Tribes in the States 2***. 
The order may define the composition, powers and procedure of the 
Commission and may contain such incidental or ancillary provisions as the 
President may consider necessary or desirable. 
(2) The executive power of the Union shall extend to the giving of 
directions to 3[a State] as to the drawing up and execution of schemes specified 
in the direction to be essential for the welfare of the Scheduled Tribes in the 
State. 
340. Appointment of a Commission to investigate the conditions of 
backward classes. —(1) The President may by order appoint a Commission 
consisting of such persons as he thinks fit to investigate the conditions of 
socially and educationally backward classes within the territory of India and the 
difficulties under which they labour and to make recommendations as to the 
steps that should be taken by the Union or any State to remove such difficulties 
and to improve their condition and as to the grants that  should be made for the 
purpose by the Union or any State and the conditions subject to which such 
grants should be made, and the order appointing such Commission shall define 
1. Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 2       
(w.e.f. 15-9-2021).  
2. The words and letters  for "specified in Part A or  Part B of the First Schedule" omitted by 
3. Subs. by s. 29 and Sch. ibid. for "any such State" (w.e.f. 1-11-1956).  

(Part XVI. —Special Provisions Relating to Certain Classes) 200
the procedure to be followed by the Commission. 
(2) A Commission so appointed shall investigate the matters referred to 
them and present to the President a report setting out the facts as found by them 
and making such recommendations as they think proper. 
(3) The President shall cause a copy of the report so presented together 
with a memorandum explaining the action taken thereon to be laid before each 
House of Parliament. 
341. Scheduled Castes.— (1) The President 1[may with respect to any 
State 2[or Union territory], and where it is a State 3***, after consultation with 
the Governor 4*** thereof], by public notification5, specify the castes, races or 
tribes or parts of or groups within castes, races or tribes which shall for the 
purposes of this Constitution be deemed to be Scheduled Castes in relation to 
that State  2[or Union territory, as the case may be.] 
(2) Parliament may by law include in or exclude from the list of 
Scheduled Castes specified in a notification issued under clause (1) any caste, 
race or tribe or part of or group within any caste, race or tribe, but save as 
aforesaid a notification issued under the said clause shall not be varied by any 
subsequent notification. 
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for "may, after 
consultation with the Governor or Rajpramukh of a State" (w.e.f. 18-6-1951). 
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.               
3. The words and letters  "specified in Part A or  Part B of the First Schedule" omitted by  
s. 29 and Sch,. ibid. (w.e.f. 1-11-1956). 
4. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 
5. See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution 
(Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution 
(Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the Constitution 
(Dadra and Nagar Haveli) (Scheduled Castes) Order, 1962 (C.O. 64), the Constitution 
(Pondicherry)  Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman 
and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim) 
Scheduled Castes Order, 1978 (C.O. 110). 

(Part XVI. —Special Provisions Relating to Certain Classes) 201
342. Scheduled Tribes. —(1) The President 1[may with respect to any 
the Governor 3*** thereof], by public notification4, specify the tribes or tribal 
communities or parts of or groups within tribes or tribal communities which 
shall for the purposes of this Constitution be deemed to be Scheduled Tribes in 
relation to that State 2[or Union territory, as the case may be.] 
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. 
5[342A. Socially and educationally backward classes. —(1) The 
President may with respect to any State or Union territory, and where it is a 
State, after consultation with the Governor thereof, by public notification, 
specify 6[the socially and educationally backward classes in the Central List 
which shall for the purposes of  the Central Government] be deemed to be 
socially and educationally backward classes in relation to that State or Union 
territory, as the case may be. 
(2) Parliament may by law include in or exclude from the Central List of 
socially and educationally backward classes specified in a notification issued 
under clause (1) any socially and educationally backward class, but save as 
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for "may, after 
consultation with the Governor or Rajpramukh of State" (w.e.f. 18-6-1951). 
2. Ins. by the Constiutiton (Seventh Amendment) Act, 1956, s. 29 and Sch.               
3. Certain words omitted by  s. 29 and Sch., ibid, (w.e.f. 1-11-1956).                
4. See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution 
(Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the Constitution 
(Andaman and Nicobar Islands) (Scheduled Tribes) Order, 1959 (C.O. 58),  
Constitution (Dadra and Nagar Haveli) (Scheduled Tribes) Order, 1962 (C.O. 65), the 
Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78), the 
Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O. 82), the 
Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O. 88) the Constitution 
(Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).  
5. Art.342A ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, 
s. 4    (w.e.f. 15-8-2018). 
6. Subs. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3, for 
“the socially and educationally backward classes which shall for the purposes of this 
Constitution” (w.e.f. 15-9-2021). 

(Part XVI. —Special Provisions Relating to Certain Classes) 202
subsequent notification.] 
1[Explanation .—For the purposes of clauses (1) and (2), the expression 
“Central List” means the list of socially and educationally  backward classes 
prepared and maintained by and for the Central Government. 
(3) Notwithstanding any contained in clauses (1) and (2), every State or 
Union territory may, by law, prepare and maintain, for its own purposes, a list 
of socially and educationally backward classes, entries in which may be 
different from the Central List.] 
1. Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 3        
(w.e.f. 15-9-2021). 

 203PART XVII 
CHAPTER I.—LANGUAGE OF THE UNION 
343. Official language of the Union. —(1) The official language of the 
Union shall be Hindi in Devanagari script. 
The form of numerals to be used for the official purposes of the Union 
shall be the international form of Indian numerals. 
(2) Notwithstanding anything in clause (1), for a period of fifteen years 
from the commencement of this Constitution, the English language shall 
continue to be used for all the official purposes of the Union for which it was 
being used immediately before such commencement: 
Provided that the President may, during the said period, by order1 
authorise the use of the Hindi language in addition to the English language and 
of the Devanagari form of numerals in addition to the international form of 
Indian numerals for any of the official purposes of the Union. 
(3) Notwithstanding anything in this article, Parliament may by law 
provide for the use, after the said period of fifteen years, of— 
(a) the English language, or 
(b) the Devanagari form of numerals, 
 for such purposes as may be specified in the law. 
344. Commission and Committee of Parliament on official 
language. —(1) The President shall, at the expiration of five years from the 
commencement of this Constitution and thereafter at the expiration of ten years 
from such commencement, by order constitute a Commission which shall 
consist of a Chairman and such other members representing the different 
languages specified in the Eighth Schedule as the President may appoint, and 
the order shall define the procedure to be followed by the Commission. 
(2) It shall be the duty of the Commission to make recommendations to 
the President as to— 
(a) the progressive use of the Hindi language for the official 
purposes of the Union; 
(b) restrictions on the use of the English language for all or any of 
the official purposes of the Union; 
(c) the language to be used for all or any of the purposes 
mentioned in article 348; 
1. See C.O. 41. 

(Part XVII—L ANGUAGE ) 
 204
(d) the form of numerals to be used for any one or more specified 
(e) any other matter referred to the Commission by the President 
as regards the official language of the Union and the language for 
communication between the Union and a State or between one State and 
another and their use. 
(3) In making their recommendations under clause (2), the Commission 
shall have due regard to the industrial, cultural and scientific advancement of 
India, and the just claims and the interests of persons belonging to the      
non-Hindi speaking areas in regard to the public services. 
(4) There shall be constituted a Committee consisting of thirty members, 
of whom twenty shall be members of the House of the People and ten shall be 
members of the Council of States to be elected respectively by the members of 
the House of the People and the members of the Council of States in 
(5) It shall be the duty of the Committee to examine the 
recommendations of the Commission constituted under clause (1) and to report 
to the President their opinion thereon. 
(6) Notwithstanding anything in article 343, the President may, after 
consideration of the report referred to in clause (5), issue directions in 
accordance with the whole or any part of that report. 
CHAPTER II.—REGIONAL LANGUAGES  
345. Official language or languages of a State. —Subject to the 
provisions of articles 346 and 347, the Legislature of a State may by law adopt 
any one or more of the languages in use in the State or Hindi as the language or 
languages to be used for all or any of the official purposes of that State: 
Provided that, until the Legislature of the State otherwise provides by 
law, the English language shall continue to be used for those official purposes 
within the State for which it was being used immediately before the 
commencement of this Constitution. 
346. Official language for communication between one State and 
another or between a State and the Union. —The language for the time being 
authorised for use in the Union for official purposes shall be the official 
language for communication between one State and another State and between 
a State and the Union: 

 205
Provided that if two or more States agree that the Hindi language should 
be the official language for communication between such States, that language 
may be used for such communication. 
347. Special provision relating to language spoken by a section of the 
population of a State. —On a demand being made in that behalf the President 
may, if he is satisfied that a substantial proportion of the population of a State 
desire the use of any language spoken by them to be recognised by that State, 
direct that such language shall also be officially recognised throughout that 
State or any part thereof for such purpose as he may specify. 
CHAPTER III.—LANGUAGE OF THE SUPREME COURT,  
348. Language to be used in the Supreme Court and in the High 
Courts and for Acts, Bills, etc. —(1) Notwithstanding anything in the 
foregoing provisions of this Part, until Parliament by law otherwise provides— 
(a) all proceedings in the Supreme Court and in every High Court, 
(b) the authoritative texts— 
(i) of all Bills to be introduced or amendments thereto to be 
moved in either House of Parliament or in the House or either 
House of the Legislature of a State, 
(ii) of all Acts passed by Parliament or the Legislature of a 
State and of all Ordinances promulgated by the President or the 
Governor 1*** of a State, and 
(iii) of all orders, rules, regulations and bye-laws issued 
under this Constitution or under any law made by Parliament or 
the Legislature of a State, 
shall be in the English language. 
(2) Notwithstanding anything in sub-clause ( a) of clause (1), the 
Governor  1*** of a State may, with the previous consent of the President, 
authorise the use of the Hindi language, or any other language used for any 
official purposes of the State, in proceedings in the High Court having its 
principal seat in that State: 

 206
Provided that nothing in this clause shall apply to any judgment, decree 
or order passed or made by such High Court. 
(3) Notwithstanding anything in sub-clause ( b) of clause (1), where the 
Legislature of a State has prescribed any language other than the English 
language for use in Bills introduced in, or Acts passed by, the Legislature of the 
State or in Ordinances promulgated by the Governor 1*** of the State or in any 
order, rule, regulation or bye-law referred to in paragraph ( iii) of that sub-clause, 
a translation of the same in the English language published under the authority of 
the Governor 1*** of the State in the Official Gazette of that State shall be 
deemed to be the authoritative text thereof in the English language under this 
article. 
349. Special procedure for enactment of certain laws relating to 
language. —During the period of fifteen years from the commencement of this 
Constitution, no Bill or amendment making provision for the language to be 
used for any of the purposes mentioned in clause (1) of article 348 shall be 
introduced or moved in either House of Parliament without the previous 
sanction of the President, and the President shall not give his sanction to the 
introduction of any such Bill or the moving of any such amendment except 
after he has taken into consideration the recommendations of the Commission 
constituted under clause (1) of article 344 and the report of the Committee 
constituted under clause (4) of that article. 
CHAPTER IV.—SPECIAL DIRECTIVES  
350. Language to be used in representations for redress of 
grievances. —Every person shall be entitled to submit a representation for the 
redress of any grievance to any officer or authority of the Union or a State in 
any of the languages used in the Union or in the State, as the case may be. 
2[350A. Facilities for instruction in mother-tongue at primary 
stage.—It shall be the endeavour of every State and of every local authority 
within the State to provide adequate facilities for instruction in the           
mother-tongue at the primary stage of education to children belonging to 
linguistic minority groups; and the President may issue such directions to any 
State as he considers necessary or proper for securing the provision of such 
facilities. 
2. Arts. 350A and 350B ins. by  s.21.,  ibid. (w.e.f. 1-11-1956). 

 207
350B. Special Officer for linguistic minorities. —(1) There shall be a 
Special Officer for linguistic minorities to be appointed by the President. 
(2) It shall be the duty of the Special Officer to investigate all matters relating 
to the safeguards provided for linguistic minorities under this Constitution and 
report to the President upon those matters at such intervals as the President may 
direct, and the President shall cause all such reports to be laid before each House of 
Parliament, and sent to the Governments of the States concerned.] 
351. Directive for development of the Hindi language. —It shall be the 
duty of the Union to promote the spread of the Hindi language, to develop it so 
that it may serve as a medium of expression for all the elements of the 
composite culture of India and to secure its enrichment by assimilating without 
interfering with its genius, the forms, style and expressions used in Hindustani 
and in the other languages of India specified in the Eighth Schedule, and by 
drawing, wherever necessary or desirable, for its vocabulary, primarily on 
Sanskrit and secondarily on other languages. 
 
 208PART XVIII 
352. Proclamation of Emergency. —(1) If the President is satisfied that 
a grave emergency exists whereby the security of India or of any part of the 
territory thereof is threatened, whether by war or external aggression or 1[armed 
rebellion], he may, by Proclamation, make a declaration to that effect 2[in 
respect of the whole of India or of such part of the territory thereof as may be 
specified in the Proclamation.] 
3[Explanation. —A Proclamation of Emergency declaring that the 
security of India or any part of the territory thereof is threatened by war or by 
external aggression or by armed rebellion may be made before the actual 
occurrence of war or of any such aggression or rebellion, if the President is 
satisfied that there is imminent danger thereof.] 
4[(2) A Proclamation issued under clause (1) may be varied or revoked 
by a subsequent Proclamation. 
(3) The President shall not issue a Proclamation under clause (1) or a 
Proclamation varying such Proclamation unless the decision of the Union 
Cabinet (that is to say, the Council consisting of the Prime Minister and other 
Ministers of Cabinet rank appointed under article 75) that such a Proclamation 
may be issued has been communicated to him in writing. 
(4) Every Proclamation issued under this article shall be laid before each 
House of Parliament and shall, except where it is a Proclamation revoking a 
previous Proclamation, cease to operate at the expiration of one month unless 
before the expiration of that period it has been approved by resolutions of both 
Houses of Parliament: 
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37, for "internal 
disturbance" (w.e.f. 20-6-1979). 
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977). 
3. Ins.  by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979). 
4. Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979). 

(Part XVIII.—E MERGENCY PROVISIONS ) 
 209
Provided that if any such Proclamation (not being a Proclamation 
revoking a previous Proclamation) is issued at a time when the House of the 
People has been dissolved, or the dissolution of the House of the People takes 
place during the period of one month referred to in this clause, and if a 
resolution approving the Proclamation has been passed by the Council of 
States, but no resolution with respect to such Proclamation  has been passed by 
the House of the People before the expiration of that period, the Proclamation  
shall cease to operate at the expiration of thirty days from the date on which the 
House of the People first sits after its reconstitution, unless before the 
expiration of the said period of thirty days a resolution approving the 
Proclamation has been also passed by the House of the People. 
(5) A Proclamation  so approved shall, unless revoked, cease to operate 
on the expiration of a period of six months from the date of the passing of the 
second of the resolutions approving the Proclamation  under clause (4): 
Provided that if and so often as a resolution approving the continuance in 
force of such a Proclamation is passed by both Houses of Parliament the 
Proclamation shall, unless revoked, continue in force for a further period of six 
months from the date on which it would otherwise have ceased to operate under 
this clause: 
Provided further that if the dissolution of the House of the People takes 
place during any such period of six months and a resolution approving the 
continuance in force of such Proclamation has been passed by the Council of 
States but no resolution with respect to the continuance in force of such 
Proclamation has been passed by the House of the People during the said 
period, the Proclamation shall cease to operate at the expiration of thirty days 
from the date on which the House of the People first sits after its reconstitution 
unless before the expiration of the said period  of thirty days, a resolution 
approving the continuance in force  of the Proclamation  has been also passed 
by the House of the People. 
(6) For the purposes of clauses (4) and (5), a resolution may be passed 
by either House of Parliament only 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. 
(7) Notwithstanding anything contained in the foregoing clauses, the 
President shall revoke a Proclamation issued under clause (1) or a Proclamation 
varying such Proclamation if the House of the People passes a resolution 
disapproving, or, as the case may be, disapproving the continuance in force  of, 
such Proclamation. 

 210
(8) Where a notice in writing signed by not less than one-tenth of the 
total number of members of the House of the People  has been given, of their 
intention to move a resolution for disapproving, or, as the case may be, for 
disapproving the continuance in force of, a Proclamation  issued under       
clause (1) or a Proclamation  varying such Proclamation,— 
(a) to the Speaker, if the House is in session; or 
(b) to the President, if the House  is not in session, 
a special sitting of the House shall be held within fourteen days from the date 
on which such notice is received by the Speaker, or, as the case may be, by the 
President, for the purpose  of considering such resolution.] 
1[(9) The power conferred on the President by this article shall include 
the power  to issue different  Proclamations  on different grounds, being war or 
external aggression or 2[armed rebellion] or imminent danger of war or external 
aggression or 2[armed rebellion], whether or not there is a Proclamation  
already issued by the President under clause (1) and such Proclamation  is in 
operation. 
1*  *  *  *  * * * *] 
353. Effect of Proclamation  of Emergency. —While a Proclamation 
of Emergency is in operation, then— 
(a) notwithstanding anything in this Constitution, the executive 
power  of the Union shall extend to the giving of directions to any State 
as to the manner in which the executive power  thereof is to be 
exercised; 
(b) the power  of Parliament to make laws with respect to any 
matter shall include power to make laws conferring powers and 
imposing  duties, or authorising the conferring of powers and the 
imposition of duties, upon the Union or officers and authorities of the 
Union as respects that matter, notwithstanding that it is one which is not 
enumerated in the Union List: 
1. Cls. (4) and (5) were ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 
(with retrospective effect) and subsequently cl. (4) renumbered as cl. (9) and cl. (5) 
omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-
1979).  
2. Subs. by s. 37, ibid. for  "internal disturbance" (w.e.f. 20-6-1979). 

 211
1[Provided that where a Proclamation  of Emergency is in operation only 
in any part of the territory of India,— 
(i) the executive power of the Union to give  directions under 
clause (a), and 
(ii) the  power  of Parliament to make laws  under clause ( b), 
shall also extend to any State other than  a State in which or in any part of 
which the Proclamation  of Emergency is in operation if and in so far as the 
security of India or any part of the territory thereof is threatened by activities in 
or in relation to the part  of the territory of India in which the Proclamation  of 
Emergency is in operation.] 
354. Application of provisions relating to distribution of revenues 
while a Proclamation of Emergency is in operation.— (1) The President  
may, while a Proclamation  of Emergency is in operation, by order  direct that 
all or any of the provisions of articles 268 to 279 shall for such period, not 
extending in any case beyond the expiration of the financial year in which such 
Proclamation  ceases  to operate, as may be specified in the order, have effect 
subject  to such exceptions or modifications as he thinks fit. 
(2) Every order made under clause (1) shall, as soon as may be after it is 
made, be laid before each House of Parliament. 
355. Duty of the Union to protect States against external aggression 
and internal disturbance.— It shall be the duty of the Union to protect every 
State  against external aggression and internal disturbance and to ensure that the 
Government of every State  is carried on in accordance with the provisions of 
this Constitution. 
356. Provisions in case of failure of constitutional machinery in 
States.— (1) If the President, on receipt of a report from the Governor 2*** of a 
State or otherwise, is satisfied that a situation has arisen in which the 
Government of the State cannot be carried  on  in accordance with the 
provisions of this Constitution, the President may by Proclamation— 
1. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 49 (w.e.f. 3-1-
1977). 
2. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 

 212
(a) assume to himself all or any of the functions of the 
Government of the State and all or any of the powers vested in or 
exercisable by the Governor 1*** or any body or authority in the State  
other than the Legislature of the State; 
(b) declare that the powers of the Legislature of the State shall be 
exercisable by or under the authority of Parliament; 
(c) make such incidental and consequential provisions as appear 
to the President to be necessary or desirable for giving effect to the 
objects of the Proclamation,  including provisions for suspending in 
whole or in part the operation of any provisions of this  Constitution 
relating to any body or authority in the State: 
Provided that nothing in this clause shall authorise the President to 
assume to himself any of the powers vested in or exercisable by a High Court, 
or to suspend in whole or in part the operation of any provision of this 
Constitution relating to High Courts. 
(2) Any such Proclamation may be revoked or varied by a subsequent 
Proclamation. 
(3) Every Proclamation under this article shall be laid before each House 
of Parliament and shall, except where it is a Proclamation revoking a previous 
Proclamation, cease to operate at the expiration of two months unless before 
the expiration of that period it has been approved by resolutions of both Houses 
of Parliament: 
People is dissolved or the dissolution of the House  of the People takes place 
during the period of two months referred to in this clause, and if a resolution 
approving the Proclamation has been passed by the Council of States, but no  
resolution with respect to such Proclamation has been passed by the House of 
the People before the expiration of that period, the Proclamation shall cease to 
operate at the expiration of thirty days from the date on which the House of the 
People first sits after its reconstitution unless before the expiration of the said 
period of thirty days a resolution approving the Proclamation has been also 
passed by the House of the People. 
1. The words "or Rajpramukh, as the case may be" omitted by the Constitution (Seventh 

 213
(4) A Proclamation so approved shall, unless revoked, cease to operate 
on the expiration of a period of 1[six months from the date of issue of the 
Proclamation]: 
force of such a Proclamation is passed  by both Houses of Parliament, the 
Proclamation shall, unless  revoked, continue in force for a further period  of 
2[six months] from the date on  which under this clause it would otherwise have 
ceased to  operate, but no such Proclamation shall  in any case remain in force  
for more than three  years: 
place during any such period of 2[six months] and a resolution approving the 
States, but no resolution with respect to the continuance  in force of such 
from the date on which the House of the  People first sits after its reconstitution 
unless before the expiration of the said period of thirty days a resolution 
approving the continuance in force of the Proclamation  has been also passed 
by the House of the People: 
3[Provided also that in the case of the Proclamation issued under      
clause (1) on the 11th day of May, 1987 with respect to the State  of Punjab, the 
reference in the first  proviso to this clause to “three years” shall be construed 
as a reference to 4[five years].] 
1. Subs. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 50, for "six months" 
(w.e.f. 3-1-1977) and further subs. by the Constitution  (Forty-fourth Amendment)  Act, 
1978, s. 38,  for "one year from the date of the passing of the second of the resolutions 
approving the Proclamation under clause (3)" (w.e.f. 20-6-1979).  
2. Subs. by s. 50, ibid., for "six months" (w.e.f. 3-1-1977) and further subs. by s. 38, ibid., 
for "one year",  respectively (w.e.f. 20-6-1979).  
3. Ins. by the Constitution (Sixty-fourth Amendment) Act, 1990, s. 2 (w.e.f. 16-4-1990). 
4. Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990)  
and further subs. by the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 (w.e.f. 
12-3-1991).   

 214
1[(5) Notwithstanding anything contained in clause (4), a resolution with 
respect to the continuance in force of a Proclamation approved under clause (3) 
for any period beyond the expiration of one year from the date of issue of such 
Proclamation shall not be passed by either House of Parliament unless— 
(a) a Proclamation of Emergency is in operation, in the whole of 
India or, as the case may be, in the whole or any part of the State, at the 
time of the passing of such resolution, and 
(b) the Election Commission certifies that the continuance in force 
of the Proclamation approved under clause (3) during the period 
specified in such resolution is necessary on account of difficulties in 
holding general elections to the Legislative Assembly of the State 
concerned:] 
2[Provided that nothing in this clause shall apply to the Proclamation 
issued under clause (1) on the 11th day of May, 1987 with respect to the State 
of Punjab.] 
357. Exercise of legislative powers under Proclamation issued under 
article 356.— (1) Where by a Proclamation issued under clause (1) of article 
356, it has been declared that the powers of the Legislature of the State shall be 
exercisable by or under the authority of Parliament, it shall be competent— 
(a) for Parliament to confer on the President the power of the 
Legislature of the State to make laws, and to authorise the President to 
delegate, subject to such conditions as he may think fit to impose, the 
power so conferred to any other authority to be specified by him in that 
behalf; 
(b) for Parliament, or for the President or other authority in whom 
such power to make laws is vested under sub-clause ( a), to make laws 
conferring powers and imposing duties, or authorising the conferring of 
powers and the imposition of duties, upon the Union or officers and 
authorities thereof; 
(c) for the President to authorise when the House of the People is 
not in session expenditure from the Consolidated Fund of the State 
pending the sanction of such expenditure by Parliament. 
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 6 (with retrospective 
effect) and subsequently subs. by the Constitution (Forty-fourth Amendment) Act, 
1978, s. 38, for cl. (5) (w.e.f. 20-6-1979). 
2. Proviso omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 2 (w.e.f. 6-
1-1990) and subsequently ins. by the Constitution (Sixty-fourth Amendment) Act, 
1990, s. 2 (w.e.f. 16-4-1990). 

 215
1[(2) Any law made in exercise of the power of the Legislature of the 
State by Parliament or the President or other authority referred to in sub-clause 
(a) of clause (1) which Parliament or the President or such other authority 
would not, but for the issue of a Proclamation under article 356, have been 
competent to make shall, after the Proclamation has ceased to operate, continue 
in force until altered or repealed or amended by a competent Legislature or 
other authority.] 
358. Suspension of provisions of article 19 during emergencies. —
2[(1)] 3[While a Proclamation of Emergency declaring that the security of India 
or any part of the territory thereof is threatened by war or by external 
aggression is in operation], nothing in article 19 shall restrict the power of the 
State as defined in Part III to make any law or to take any executive action 
which the State would but for the provisions contained in that Part be 
competent to make or to take, but any law so made shall, to the extent of the 
incompetency, cease to have effect as soon as the Proclamation ceases to 
operate, except as respects things done or omitted to be done before the law so 
ceases to have effect: 
4[Provided that 5[where such Proclamation of Emergency] is in operation 
only in any part of the territory of India, any such law may be made, or any 
such executive action may be taken, under this article in relation to or in any 
State or Union territory in which or in any part of which the Proclamation of 
Emergency is not in operation, if and in so far as the security of India or any 
part of the territory thereof is threatened by activities in or in relation to the part 
of the territory of India in which the Proclamation of Emergency is in 
operation.] 
6[(2) Nothing in clause (1) shall apply— 
1. Subs. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 51 (w.e.f. 3-1-1977). 
2. Art. 358 re-numbered as cl. (1)  by the Constitution  (Forty-fourth Amendment)  Act, 
1978, s. 39 (w.e.f. 20-6-1979). 
3. Subs. by s. 39, ibid, for "While a Proclamation of Emergency is in operation"                    
(w.e.f. 20-6-1979).  
4. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 52 (w.e.f. 3-1-
1977).  
5. Subs. by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 39,  for "where a 
Proclamation of Emergency"  (w.e.f. 20-6-1979).    
6. Ins. by s. 39, ibid. (w.e.f. 20-6-1979).    

 216
(a) to any law which does not contain a recital to the effect that 
such law is in relation to the Proclamation of Emergency in operation 
when it is made; or 
(b) to any executive action taken otherwise than under a law 
containing such a recital.] 
359. Suspension  of  the  enforcement  of  the rights conferred by 
Part III during emergencies. —(1) Where a Proclamation of Emergency is in 
operation, the President may by order declare that the right to move any court 
for the enforcement of such of 1[the rights conferred by Part III (except articles 
20 and 21)] as may be mentioned in the order and all proceedings pending in 
any court for the enforcement of the rights so mentioned shall remain 
suspended for the period during which the Proclamation is in force or for such 
shorter period as may be specified in the order. 
2[(1A) While an order made under clause (1) mentioning any of  1[the 
rights conferred by Part III (except articles 20 and 21)] is in operation, nothing 
in that Part conferring those rights shall restrict the power of the State as 
defined in the said Part to make any law or to take any executive action which 
the State would but for the provisions contained in that Part be competent to 
make or to take, but any law so made shall, to the extent of the incompetency, 
cease to have effect as soon as the order aforesaid ceases to operate, except as 
respects things done or omitted to be done before the law so ceases to have 
effect:] 
3[Provided that where a Proclamation of Emergency is in operation only 
in any part of the territory of India, any such law may be made, or any such 
executive action may be taken, under this article in relation to or in any State or 
Union territory in which or in any part of which the Proclamation of 
1. Subs. by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 40,  for "the rights 
conferred by Part III"  (w.e.f. 20-6-1979).   
2. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (with retrospective 
effect). 
3. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 53 (w.e.f. 3-1-1977).   

 217
1[(1B) Nothing in clause (1A) shall apply— 
(2) An order made as aforesaid may extend to the whole or any part of 
the territory of India: 
2[Provided that where a Proclamation of Emergency is in operation only 
in a part of the territory of India, any such order shall not extend to any other 
part of the territory of India unless the President, being satisfied that the 
or in relation to the part of the territory of India in which the Proclamation of 
Emergency is in operation, considers such extension to be necessary.] 
(3) Every order made under clause (1) shall, as soon as may be after it is 
3359A. [Application of this Part to the State of Punjab. ].—Omitted by 
the Constitution (Sixty-third Amendment ) Act, 1989, s. 3 (w.e.f. 6-1-1990). 
360. Provisions as to financial emergency.— (1) If the President is 
satisfied that a situation has arisen whereby the financial stability or credit of 
India or of any part of the territory thereof is threatened, he may by a 
Proclamation make a declaration to that effect. 
4[(2) A Proclamation issued under clause (1)— 
(a) may be revoked or varied by a subsequent Proclamation; 
(b) shall be laid before each House of Parliament; 
1. Ins. by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 40  (w.e.f. 20-6-1979). 
2. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 53 (w.e.f. 3-1-1977). 
3. Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, s. 3 (w.e.f. 30-3-1988)  
and ceased to operate on the expiry of a period of two years from the commencement 
of that Act, i.e. 30th day of March, 1988.  
4. Subs. by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 41, for cl. (2)            

 218
(c) shall cease to operate at the expiration of two months, unless 
before the expiration of that period it has been approved by resolutions 
of both Houses of Parliament: 
Provided that if any such Proclamation is issued at a time when the 
House of the People has been dissolved or the dissolution of the House of the 
People  takes  place  during  the  period  of  two months referred to in       
sub-clause ( c), and if a resolution approving the Proclamation has been passed 
by the Council of States, but no resolution with respect to such Proclamation 
has been passed by the House of the People before the expiration of that period, 
the Proclamation shall cease to operate at the expiration of thirty days from the 
date on which the House of the People first sits after its reconstitution unless 
before the expiration of the said period of thirty days a resolution approving the 
Proclamation has been also passed by the House of the People.] 
(3) During  the  period  any  such  Proclamation as is mentioned in 
clause (1) is in operation, the executive authority of the Union shall extend to 
the giving of directions to any State to observe such canons of financial 
propriety as may be specified in the directions, and to the giving of such other 
directions as the President may deem necessary and adequate for the purpose. 
(4) Notwithstanding anything in this Constitution— 
(a) any such direction may include— 
(i) a provision requiring the reduction of salaries and allowances 
of all or any class of persons serving in connection with the affairs of 
a State; 
(ii) a provision requiring all Money Bills or other Bills to which 
the provisions of article 207 apply to be reserved for the 
consideration of the President after they are passed by the Legislature 
of the State; 
(b) it shall be competent for the President during the period any 
Proclamation issued under this article is in operation to issue directions 
for the reduction of salaries and allowances of all or any class of persons 
serving in connection with the affairs of the Union including the Judges 
of the Supreme Court and the High Courts. 
1[(5)  *  *  *  *  *] 
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (with retrospective 
effect) and omitted by the Constitution  (Forty-fourth Amendment)  Act, 1978, s. 41  

 219PART XIX 
361. Protection of President and Governors and Rajpramukhs.— (1) 
The President, or the Governor or Rajpramukh of a State, shall not be 
answerable to any court for the exercise and performance of the powers and 
duties of his office or for any act done or purporting to be done by him in the 
exercise and performance of those powers and duties: 
Provided that the conduct of the President may be brought under review 
by any court, tribunal or body appointed or designated by either House of 
Parliament for the investigation of a charge under article 61: 
Provided further that nothing in this clause shall be construed as 
restricting the right of any person to bring appropriate proceedings against the 
Government of India or the Government of a State. 
(2) No criminal proceedings whatsoever shall be instituted or continued 
against the President, or the Governor 1*** of a State, in any court during his 
term of office. 
(3) No process for the arrest or imprisonment of the President, or the 
Governor 1***  of a State, shall issue from any court during his term of office. 
(4) No civil proceedings in which relief is claimed against the President, 
or the Governor 1*** of a State, shall be instituted during his term of office in 
any court in respect of any act done or purporting to be done by him in his 
personal capacity, whether before or after he entered upon his office as 
President, or as Governor 1*** of such State, until the expiration of two months 
next after notice in writing has been delivered to the President or the Governor 
1***, as the case may be, or left at his office stating the nature of the 
proceedings, the cause of action therefor, the name, description and place of 
residence of the party by whom such proceedings are to be instituted and the 
relief which he claims. 

(Part XIX.—M ISCELLANEOUS ) 220
1[361A. Protection of publication of proceedings of Parliament and 
State Legislatures.— (1) No person shall be liable to any proceedings, civil or 
criminal, in any court in respect of the publication in a newspaper of a 
substantially true report of any proceedings of either House of Parliament or the 
Legislative Assembly, or, as the case may be, either House of the Legislature, 
of a State, unless the publication is proved to have been made with malice: 
Provided that nothing in this clause shall apply to the publication of any 
report of the proceedings of a secret sitting of either House of Parliament or the 
of a State. 
(2) Clause (1) shall apply in relation to reports or matters broadcast by 
means of wireless telegraphy as part of any programme or service provided by 
means of a broadcasting station as it applies in relation to reports or matters 
published in a newspaper. 
Explanation.— In this article, “newspaper” includes a news agency report 
containing material for publication in a newspaper.] 
2[361B. Disqualification for appointment on remunerative political 
post.—A member of a House belonging to any political party who is 
disqualified for being a member of the House under paragraph 2 of the Tenth 
Schedule shall also be disqualified to hold any remunerative political post for 
duration of the period commencing from  the date of his disqualification  till the 
date on which the term of his office as such member would expire or till the  
date on which he contests an election to a House and is declared  elected, 
whichever is earlier. 
Explanation . — For the purposes of this article, — 
(a)  the  expression  “House”  has  the meaning assigned to it in 
clause (a) of paragraph 1 of the  Tenth Schedule;  
(b) the expression “remunerative political post” means any office —                 
(i) under  the Government of India or the Government of a 
State where the salary or remuneration   for  such office is paid 
1.  Art. 361A ins.  by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 
     (w.e.f. 20-6-1979). 
2. Art. 361B ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4  
    (w.e.f. 1-1-2004). 

(Part XIX.—M ISCELLANEOUS ) 221
out of the public revenue of the Government of India or the 
Government of the State, as the case may be; or   
(ii) under a body, whether incorporated or not, which is 
wholly or partially owned by the Government of India or the 
Government of State, and the salary or remuneration for such 
office is paid by such body,  
except where such salary or remuneration paid is compensatory in nature.] 
362. [Rights and privileges of Rulers of Indian States. ].—Omitted by the 
Constitution (Twenty-sixth Amendment)   Act, 1971, s. 2  (w.e.f. 28-12-1971) . 
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. 
(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. 
1[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 
1. Art. 363A ins. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 3                        
(w.e.f. 28-12-1971). 

(Part XIX.—M ISCELLANEOUS ) 222
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. Special provisions as to major ports and aerodromes.— (1) 
Notwithstanding anything in this Constitution, the President may by public 
notification direct that as from such date as may be specified in the 
notification— 
(a) any law made by Parliament or by the Legislature of a State 
shall not apply to any major port or aerodrome or shall apply thereto 
subject to such exceptions or modifications as may be specified in the 
notification, or 
(b) any existing law shall cease to have effect in any major port or 
aerodrome except as respects things done or omitted to be done before 
the said date, or shall in its application to such port or aerodrome have 
effect subject to such exceptions or modifications as may be specified in 
the notification. 
(a) “major port” means a port declared to be a major port by or 
under any law made by Parliament or any existing law and includes all 
areas for the time being included within the limits of such port; 
(b) “aerodrome” means aerodrome as defined for the purposes of 
the enactments relating to airways, aircraft and air navigation. 
365. Effect of failure to comply with, or to give effect to, directions 
given by the Union.— Where any State has failed to comply with, or to give 
effect to, any directions given in the exercise of the executive power of the Union 
under any of the provisions of this Constitution, it shall be lawful for the 
President to hold that a situation has arisen in which the Government of the State 
cannot be carried on in accordance with the provisions of this Constitution. 
366. Definitions.— In this Constitution, unless the context otherwise 
requires, the following expressions have the meanings hereby respectively 
assigned to them, that is to say— 

(Part XIX.—M ISCELLANEOUS ) 223
(1) “agricultural income” means agricultural income as defined 
for the purposes of the enactments relating to Indian income-tax; 
(2) “an Anglo-Indian” means a person whose father or any of 
whose other male progenitors in the male line is or was of European 
descent but who is domiciled within the territory of India and is or was 
born within such territory of parents habitually resident therein and not 
established there for temporary purposes only; 
(3) “article” means an article of this Constitution; 
(4) “borrow” includes the raising of money by the grant of 
annuities, and “loan” shall be construed accordingly; 
1[(4A)*                        *             *                         *] 
(5) “clause” means a clause of the article in which the expression 
occurs; 
(6) “corporation tax” means any tax on income, so far as that tax 
is payable by companies and is a tax in the case of which the following 
conditions are fulfilled:— 
(a) that it is not chargeable in respect of agricultural 
income; 
(b) that no deduction in respect of the tax paid by 
companies is, by any enactments which may apply to the tax, 
authorised to be made from dividends payable by the companies 
to individuals; 
(c) that no provision exists for taking the tax so paid into 
account in computing for the purposes of Indian income-tax the 
total income of individuals receiving such dividends, or in 
computing the Indian income-tax payable by, or refundable to, 
such individuals; 
(7) “corresponding Province”, “corresponding Indian State” or 
“corresponding State” means in cases of doubt such Province, Indian 
State or State as may be determined by the President to be the 
corresponding Province, the corresponding Indian State or the 
1. Cl. (4A) was ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 54 
(w.e.f. 1-2-1977) and subsequently omitted by the Constitution (Forty-third Amendment)  
Act, 1977,  s. 11 (w.e.f. 13-4-1978). 

(Part XIX.—M ISCELLANEOUS ) 224
corresponding State, as the case may be, for the particular purpose in 
question; 
(8) “debt” includes any liability in respect of any obligation to 
repay capital sums by way of annuities and any liability under any 
guarantee, and “debt charges” shall be construed accordingly; 
(9) “estate duty” means a duty to be assessed on or by reference to 
the principal value, ascertained in accordance with such rules as may be 
prescribed by or under laws made by Parliament or the Legislature of a 
State relating to the duty, of all property passing upon death or deemed, 
under the provisions of the said laws, so to pass; 
(10) “existing law” means any law, Ordinance, order, bye-law, 
rule or regulation passed or made before the commencement of this 
Constitution by any Legislature, authority or person having power to 
make such a law, Ordinance, order, bye-law, rule or regulation; 
(11) “Federal Court” means the Federal Court constituted under 
the Government of India Act, 1935; 
(12) “goods” includes all materials, commodities, and articles; 
1[(12A) “goods and services tax” means any tax on supply of 
goods, or services or both except taxes on the supply of the alcoholic 
liquor for human consumption] ; 
(13) “guarantee” includes any obligation undertaken before the 
commencement of this Constitution to make payments in the event of the 
profits of an undertaking falling short of a specified amount; 
(14) “High Court” means any Court which is deemed for the 
purposes of this Constitution to be a High Court for any State and 
includes— 
(a) any Court in the territory of India constituted or 
reconstituted under this Constitution as a High Court, and 
(b) any other Court in the territory of India which may be 
declared by Parliament by law to be a High Court for all or any of 
the purposes of this Constitution; 
1. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 14(i) 

(Part XIX.—M ISCELLANEOUS ) 225
(15) “Indian State” means any territory which the Government of 
the Dominion of India recognised as such a State; 
(16) “Part”  means a Part of this Constitution; 
(17) “pension” means a pension, whether contributory or not, of 
any kind whatsoever payable to or in respect of any person, and includes 
retired pay so payable; a gratuity so payable and any sum or sums so 
payable by way of the return, with or without interest thereon or any 
other addition thereto, of subscriptions to a provident fund; 
(18) “Proclamation of Emergency” means a Proclamation issued 
under clause (1) of article 352; 
(19) “public notification” means a notification in the Gazette of 
India, or, as the case may be, the Official Gazette of a State; 
(20) “railway” does not include— 
(a) a tramway wholly within a municipal area, or 
(b) any other line of communication wholly situate in one State 
and declared by Parliament by law not to be a railway; 
1[(21)*               *                 *             *]   
2[(22) “Ruler” means 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;] 
(23) “Schedule” means a Schedule to this Constitution; 
(24) “Scheduled Castes” means such castes, races or tribes or 
parts of or groups within such castes, races or tribes as are deemed under 
article 341 to be Scheduled Castes for the purposes of this Constitution; 
(25) “Scheduled Tribes” means such tribes or tribal communities 
or parts of or groups within such tribes or tribal communities as are 
1. Cl. (21) omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 
2. Subs. by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 4                      

(Part XIX.—M ISCELLANEOUS ) 226
deemed under article 342 to be Scheduled Tribes for the purposes of this 
Constitution; 
(26) “securities” includes stock; 
1* * * 
2[(26A) “Services” means anything other than goods; 
(26B) “State” with reference to articles 246A, 268, 269, 269A and 
article 279A includes a Union territory with Legislature] ; 
3[(26C) "socially and educationally backward classes" means such 
backward classes as are so deemed under article 342A for the purposes 
of the Central Government or the State or Union territory, as the case 
may be] ; 
(27) “sub-clause” means a sub-clause of the clause in which the 
expression occurs; 
(28) “taxation” includes the imposition of any tax or impost, 
whether general or local or special, and “tax” shall be construed 
accordingly; 
(29) “tax on income” includes a tax in the nature of an excess 
profits tax; 
4[(29A) “tax on the sale or purchase of goods” includes— 
(a) a tax on the transfer, otherwise than in pursuance of a 
contract, of property in any goods for cash, deferred payment or 
other valuable consideration; 
(b) a tax on the transfer of property in goods (whether as 
goods or in some other form)  involved in the execution of a 
works contract; 
(c) a tax on the delivery of goods on hire-purchase or any 
system of payment by instalments; 
(d) a tax on the transfer of the right to use any goods for 
any purpose (whether or not for a specified period) for cash, 
deferred payment or other valuable consideration; 
1.  Cl. (26A) was ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 54 (w.e.f. 1-
2-1977)  and subsequently omitted by the Constitution  (Forty-third Amendment)  Act, 1977, 
s. 11 (w.e.f. 13-4-1978). 
2. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 14(ii) (w.e.f. 16-
9-2016). 
3. Cl. (26C) was ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, 
s.5 (w.e.f. 14-8-2018) and subsequently subs. by the Constitution (One Hundred and Fifth 
Amendment) Act, 2021, s. 4 (w.e.f. 15-9-2021). 
4. Cl.(29A) ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 4 (w.e.f. 2-2-1983). 

(Part XIX.—M ISCELLANEOUS ) 227
(e) a tax on the supply of goods by any unincorporated 
association or body of persons to a member thereof for cash, 
(f) a tax on the supply, by way of or as part of any service 
or in any other manner whatsoever, of goods, being food or any 
other article for human consumption or any drink (whether or not 
intoxicating), where such supply or service, is for cash, deferred 
payment or other valuable consideration, 
and such transfer, delivery or supply of any goods shall be deemed to be 
a sale of those goods by the person making the transfer, delivery or 
supply and a purchase of those goods by the person to whom such 
transfer, delivery or supply is made;] 
1[(30) "Union territory" means any Union territory specified in the 
First Schedule and includes any other territory comprised within the 
territory of India but not specified in that Schedule.]  
367. Interpretation. —(1) Unless the context otherwise requires, the 
General Clauses Act, 1897, shall, subject to any adaptations and modifications 
that may be made therein under article 372, apply for the interpretation of this 
Constitution as it applies for the interpretation of an Act of the Legislature of 
the Dominion of India. 
(2) Any reference in this Constitution to Acts or laws of, or made by, 
Parliament, or to Acts or laws of, or made by, the Legislature of a State 2***, 
shall be construed as including a reference to an Ordinance made by the 
President or, to an Ordinance made by a Governor 3***, as the case may be. 
(3) For the purposes of this Constitution “foreign State” means any State 
other than India: 
Provided that, subject to the provisions of any law made by Parliament, 
the President may by order4 declare any State not to be a foreign State for such 
purposes as may be specified in the order.  
5[(4)   *                *                *                  *] 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for cl. (30)             
2. The words and letters "specified in Part A or  Part B of the First Schedule" omitted by      
s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 
3. The words "or Rajpramukh" omitted by  s. 29 and Sch., ibid. (w.e.f. 1-11-1956).  
4. See the Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2). 
5. Added by the Constitution (Application to Jammu and Kashmir) Order, 2019         
(C.O. 272)(w.e.f.5-8-2019). For the text of this C.O., s ee Appendix II. 

 228PART XX 
368. 1[Power of Parliament to amend the Constitution and 
procedure therefor].—  2[(1) Notwithstanding anything in this Constitution, 
Parliament may in exercise of its constituent power amend by way of addition, 
variation or repeal any provision of this Constitution in accordance with the 
procedure laid down in this article.] 
3[(2)] An amendment of this Constitution may be initiated only by the 
introduction of a Bill for the purpose in either House of Parliament, and when 
the Bill is passed in each House 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, 4[it shall be presented to the President who shall give 
his assent to the Bill and thereupon] the Constitution shall stand amended in 
accordance with the terms of the Bill: 
Provided that if such amendment seeks to make any change in— 
  (a) article 54, article 55, article 73, 5[ article 162, article 241 or article 
279A]; or 
  (b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or 
  (c) any of the Lists in the Seventh Schedule; or 
  (d) the representation of States in Parliament; or 
  (e) the provisions of this article, 
1. Marginal heading subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, s.  3, 
for  "Procedure for amendment of the Constitution" (w.e.f. 5-11-1971). 
2. Ins. by s.  3, ibid. (w.e.f. 5-11-1971). 
3. Art. 368 re-numbered as cl. (2) thereof by s.  3, ibid. (w.e.f. 5-11-1971). 
4. Subs. by s.  3, ibid., (w.e.f. 5-11-1971). 
5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 15,  for the 
words and figures "article 162 or article 241" (w.e.f. 16-9-2016).  

(Part XX. —Amendment of the Constitution) 229
the amendment shall also require to be ratified by the Legislatures of not less 
than one-half of the States 1*** by resolutions to that effect passed by those 
Legislatures before the Bill making provision for such amendment is presented 
to the President for assent. 
2[(3) Nothing in article 13 shall apply to any amendment made under this 
article.] 
3[(4) No  amendment  of  this  Constitution (including the provisions of 
Part III) made or purporting to have been made under this article [whether before 
or after the commencement of section 55 of the Constitution (Forty-second 
Amendment) Act, 1976] shall be called in question in any court on any ground. 
 (5) For the removal of doubts, it is hereby declared that there shall be no 
limitation whatever on the constituent power of Parliament to amend by way of 
addition, variation or repeal the provisions of this Constitution under this article.]   
1. The words and letters "specified in Part A and  Part B of the First Schedule" omitted 
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.                     
2. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 3 (w.e.f. 5-11-1971). 
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 55 (w.e.f. 3-1-1977). 
This  section has been  declared invalid by the Supreme Court in  Minerva Mills Ltd.   
and Others  Vs. Union of India and Others  AIR 1980 SC 1789. 

 230PART XXI 
1[TEMPORARY, TRANSITIONAL AND 
SPECIAL PROVISIONS] 
certain matters in the State List as if they were matters in the Concurrent 
List.—Notwithstanding anything in this Constitution, Parliament shall, during 
a period of five years from the commencement of this Constitution, have power 
to make laws with respect to the following matters as if they were enumerated 
in the Concurrent List, namely:— 
(a) trade and commerce within a State in, and the production, supply 
and distribution of, cotton and woollen textiles, raw cotton (including 
ginned cotton and unginned cotton or kapas), cotton seed, paper 
(including newsprint), food-stuffs (including edible oilseeds and oil), 
cattle fodder (including oil-cakes and other concentrates), coal 
(including coke and derivatives of coal), iron, steel and mica; 
(b) offences against laws with respect to any of the matters 
mentioned in clause ( a), jurisdiction and powers of all courts except the 
Supreme Court with respect to any of those matters, and fees in respect 
of any of those matters but not including fees taken in any court, 
but any law made by Parliament, which Parliament would not but for the 
provisions of this article have been competent to make, shall, to the extent of the 
incompetency, cease to have effect on the expiration of the said period, except as 
respects things done or omitted to be done before the expiration thereof. 
 
1. Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, for  
"TEMPORARY AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963). 

(Part XXI. —Temporary, Transitional and Special Provisions) 231
1[370. Temporary provisions with respect  to the State of Jammu 
and Kashmir.— (1) Notwithstanding anything in this Constitution,— 
(a) the provisions of article 238 shall not apply in relation to the State of  
Jammu and Kashmir; 
(b) the power of Parliament to make laws for the said State shall be limited 
to— 
(i) those matters in the Union List and  the Concurrent List which, in 
consultation with the Government  of the State, are declared by the President 
to correspond to matters specified in the Instrument of Accession governing 
the accession of the State to the Dominion  of India as the matters with respect 
to which the Dominion Legislature may make laws for that State; and 
1. In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of 
article 370 of the Constitution of India, the President, on the recommendation of 
Parliament, is pleased to declare that, as from the 6th August, 2019 all clauses of said 
article 370 shall cease to be operative except the following which shall read as under, 
namely:—  
“370. All provisions of this Constitution, as amended from time to time, 
without any modifications or exceptions, shall apply to the State of Jammu and 
Kashmir notwithstanding anything contrary contained in article 152 or article 308 or 
any other article of this Constitution or any other provision of the Constitution of 
Jammu and Kashmir or any law, document, judgment, ordinance, order, by-law, rule, 
regulation, notification, custom or usage having the force of law in the territory of 
India, or any other instrument, treaty or agreement as envisaged under article 363 or 
otherwise.”. 
[See Appendix III (C.O.273)].  
 
* In exercise of the powers conferred by clause (3) of the Constitution of India, the 
President, on the recommendation of the Constituent Assembly of the State of Jammu 
and Kashmir, declared that, as from the 17th 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.”. 
(C.O. 44, dated the 15th November, 1952). 
    *Now “Governor”.  
 
(Part XXI. —Temporary, Transitional and Special Provisions) 232
 
(ii) such other matters in the said Lists as, with the concurrence 
of the Government of the State, the President may by order specify. 
Explanation. —For  the   purposes   of    this   article,   the 
Government of the State means the person for the time  being recognised 
by the President as the Maharaja of Jammu  and Kashmir acting on the 
advice of the Council of  Ministers for the time being in office under the 
Maharaja’s Proclamation dated the fifth day of March, 1948; 
(c) the provisions of article 1 and of this article shall apply in relation 
to that State; 
(d) such of the other provisions of this Constitution shall apply in 
relation to that State subject to such exceptions and modifications as the 
President may by order specify: 
Provided that no such order which relates to the matters specified in the 
Instrument  of Accession  of the State referred to in paragraph ( i) of         
sub-clause ( b) shall be issued except in consultation with the Government of 
the State: 
Provided further that no such order which relates to matters other than 
those referred to in the last preceding proviso shall be issued except with the 
concurrence of that Government. 
(2) If the concurrence of  the Government of the State referred to in 
paragraph ( ii) of sub-clause ( b) of clause (1) or in the second proviso to        
sub-clause ( d) of that clause be given before the Constituent Assembly for the 
purpose of framing the Constitution  of the State is convened, it shall be placed 
before such Assembly for such decision  as it may take thereon. 
(3) Notwithstanding anything in the foregoing provisions of this article, 
the President may, by public notification, declare that this article shall cease to 
be operative or shall be operative only with such exceptions and modifications 
and from such date as  he may specify: 
Provided that the recommendation of the Constituent Assembly of the 
State referred to in clause (2) shall be necessary before the President issues 
such a notification. 
  See the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) in 
Appendix II. The Constitution (Application to Jammu and Kashmir) Order, 1954 
(C.O.48) stands superseded vide C.O.272 (w.e.f.5-8-2019). 

(Part XXI. —Temporary, Transitional and Special Provisions) 233
1[371. Special provision with respect to the States of  2*** 
Maharashtra and Gujarat .—3[(1)*             *              *               *                
*]  
(2) Notwithstanding anything in this Constitution, the President may by 
order made with respect to 4[the State of Maharashtra or Gujarat], provide for 
any special responsibility of the Governor for— 
(a) the establishment of separate development boards for Vidarbha, 
Marathwada, 5[and the rest of Maharashtra or, as the case may be], 
Saurashtra, Kutch and the rest of Gujarat with the provision that a report 
on the working of  each of these boards will be placed each year before 
the State Legislative Assembly; 
(b) the equitable allocation of funds for developmental expenditure 
over the said areas, subject to the requirements of the State as a whole; 
and 
(c) an equitable arrangement providing  adequate facilities for 
technical education and vocational training, and adequate opportunities 
for employment in services under the control of the State Government, in 
respect of all the said areas, subject to the requirements of the State as a 
whole.] 
6[371A. Special provision with respect to the State of Nagaland.— (1) 
(a) no Act of Parliament in respect of— 
(i) religious or social practices of the Nagas, 
(ii) Naga customary law and procedure, 
(iii) administration of civil and criminal justice involving 
decisions according to Naga customary law, 
(iv) ownership and transfer of land and its resources, 
shall apply to the State of Nagaland unless the Legislative Assembly of   
Nagaland by a resolution so decides; 
 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 22, for art. 371        
2. The words "Andhra Pradesh", omitted by the Constitution (Thirty-second Amendment) 
Act, 1973, s. 2 (w.e.f. 1-7-1974).  
3. Cl. (1) omitted by s. 2,  ibid. (w.e.f. 1-7-1974). 
4. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 85, for "the State of 
Bombay" (w.e.f. 1-5-1960). 
5. Subs. by s. 85, ibid., for "the rest of Maharashtra" (w.e.f. 1-5-1960).   
6. Art. 371A ins. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2  
   (w.e.f. 1-12-1963). 

(Part XXI. —Temporary, Transitional and Special Provisions) 234
(b) the Governor of Nagaland shall have special responsibility with 
respect to law and order in the State of Nagaland for so long as in his 
opinion internal disturbances occurring in the Naga Hills-Tuensang Area 
immediately before the formation of that State continue therein  or in any 
part thereof 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 sub-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 Nagaland, 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; 
(c) in making his recommendation with respect to any demand for a 
grant, the Governor of Nagaland shall ensure that any money provided 
by the Government of India out of the Consolidated Fund of  India for 
any specific service or purpose is included in the demand for a grant 
relating to that service or purpose and not in any other demand; 
(d) as from such date as the Governor of Nagaland may by public 
notification in this behalf specify, there shall be established a regional 
council for the Tuensang district consisting  of thirty-five members and 
the Governor shall in his discretion make rules providing for— 
(i) the composition of the regional council and the manner in 
which the members of the regional council shall 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; 

(Part XXI. —Temporary, Transitional and Special Provisions) 235
(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 aforesaid1; 
1. Paragraph 2 of the Constitution (Removal of Difficulties) Order No. X  provides 
(w.e.f. 1-12-1963) that article 371A of the Constitution of India shall have effect as if 
the following proviso were added to paragraph (i) of sub-clause  (e) of clause (2) 
thereof, namely: — 
"Provided that the Governor may, on the advice of the Chief Minister, appoint 
any person as Minister for Tuensang affairs to act as such until such time as persons 
are chosen in accordance with law to fill the seats allocated to the Tuensang district, in 
the Legislative Assembly of Nagaland.". 

(Part XXI. —Temporary, Transitional and Special Provisions) 236
(ii) the Minister for Tuensang affairs shall deal with, and have 
direct access to the Governor on, all matters relating to the Tuensang 
district but he shall keep the Chief Minister informed about the same; 
(f) notwithstanding anything in the foregoing provisions of this 
clause, the final decision on all matters relating to the Tuensang district 
shall be made by the Governor in his discretion; 
(g) in articles 54 and 55 and clause (4) of article 80, references to the 
elected members of the Legislative Assembly of a State or to each such 
member shall include references to the members or member of the 
Legislative Assembly of Nagaland elected by the regional council 
established under this article; 
(h) in article 170— 
(i) clause (1) shall, in relation to the Legislative Assembly of 
Nagaland, have effect as if for the word “sixty”, the word “forty-
six” had been substituted; 
 (ii) in the said clause, the reference to direct election from 
territorial constituencies in the State shall include election by the 
members of the regional council established under this article; 
(iii) in clauses (2) and (3), references to territorial 
constituencies shall mean references to territorial constituencies in 
the Kohima and Mokokchung districts. 
(3) 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: 
Provided that no such order shall be made after the expiration of three 
years from the date of the formation of the State of Nagaland. 
Explanation.. —In this article, the Kohima, Mokokchung and Tuensang 
districts shall have the same meanings as in the State of Nagaland Act, 1962.] 
1[371B. Special provision with respect to the State of Assam. —
Notwithstanding anything in this Constitution, the President may, by order 
made with respect to the State of Assam, provide for the constitution and 
functions of a committee of the Legislative Assembly of the State consisting of  
1. Art.371B ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 4 (w.e.f. 
25-9-1969). 

(Part XXI. —Temporary, Transitional and Special Provisions) 237
members of that Assembly elected from the tribal areas specified in 1[Part I] of 
the table appended to paragraph 20 of the Sixth Schedule and such number of 
other members of that Assembly as may be specified in the order and for the 
modifications to be made in the rules of procedure of that Assembly for the 
constitution and proper functioning of such committee.] 
2[371C. Special provision with respect to the State of Manipur.— (1) 
Notwithstanding anything in this Constitution, the President may, by order made 
with respect to the State of Manipur, provide for the constitution and functions of 
a committee  of the Legislative Assembly of the State  consisting of members of 
that Assembly elected from the Hill Areas of that State, for the modifications to 
be made in the rules of business of the Government and in the rules of procedure 
of the Legislative Assembly of the State and for any special responsibility of the 
Governor in order to secure the proper functioning of such committee. 
(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.] 
3[371D. Special provisions with respect to 4[the State of Andhra 
Pradesh or the State of Telangana].—5[(1) The President may by order made 
with respect  to the State of Andhra Pradesh or the State of  Telangana, provide, 
having regard to the requirement of each State, for equitable opportunities and 
facilities for the people belonging to different parts of such State, in the matter 
of public employment and in the matter of education, and different provisions 
may be made for various parts of the States.] 
(2) An order made under clause (1) may, in particular,— 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 7 1, for 
2. Art. 371C ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f. 
15-2-1972). 
3. Arts. 371D and 371E ins. by the Constitution (Thirty-second Amendment) Act, 1973,    
s. 3 (w.e.f. 1-7-1974). 
4. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 97, for “the 
State of Andhra Pradesh”  (w.e.f.  2-6-2014). 
5. Subs. by s. 97, ibid. for cl. (1) (w.e.f.  2-6-2014). 

(Part XXI. —Temporary, Transitional and Special Provisions) 238
 
(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, 
to or in favour of candidates who have resided or studied for any period 
specified in the order in the local area in respect of such cadre, 
University or other educational institution, as the case may be. 
(3) The President may, by order, provide for the constitution of an 
Administrative Tribunal for 1[the State of Andhra Pradesh and for the State of 
Telangana] to exercise such jurisdiction, powers and authority [including any 
jurisdiction, power and authority which immediately before the commencement 
of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by 
any court (other than the Supreme Court) or by any tribunal or other authority] 
as may be specified in the order with respect to the following matters, 
namely:— 
 
1. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 97, for “the 
State of Andhra Pradesh” (w.e.f. 2-6-2014).  

(Part XXI. —Temporary, Transitional and Special Provisions) 239
(a) appointment, allotment or promotion to such class or classes of 
posts in any civil service of the State, or to such class or classes of civil 
posts under the State, or to such class or classes of posts under the 
control of any local authority within the State, as may be specified in the 
order; 
(b) seniority of persons appointed, allotted or promoted to such class 
or classes of posts in any civil service of the State, or to such class or 
classes of civil posts under the State, or to such class or classes of posts 
under the control of any local authority within the State, as may be 
(c) such other conditions of service of persons appointed, allotted or 
promoted to such class or classes of posts in any civil service of the State 
or to such class or classes of civil posts under the State or to such class 
or classes of posts under the control of any local authority within the 
State, as may be specified in the order. 
(4) An order made under clause (3) may— 
(a) authorise the Administrative Tribunal to receive representations 
for the redress of grievances relating to any matter within its jurisdiction 
as the President may specify in the order and to make such orders 
thereon as the Administrative Tribunal deems fit; 
(b) contain such provisions with respect to the powers and authorities 
and procedure of the Administrative Tribunal (including provisions with 
respect to the powers of the Administrative Tribunal to punish for 
contempt of itself) as the President may deem necessary; 
(c) provide for the transfer to the Administrative Tribunal of such 
classes of proceedings, being proceedings relating to matters within its 
jurisdiction and pending before any court (other than the Supreme Court) 
or tribunal or other authority immediately before the commencement of 
such order, as may be specified in the order; 
(d) contain such supplemental, incidental and consequential 
provisions (including provisions as to fees and as to limitation, evidence 
or for the application of any law for the time being in force subject to 
any exceptions or modifications) as the President may deem necessary. 

(Part XXI. —Temporary, Transitional and Special Provisions) 240
(5) The Order of the Administrative Tribunal finally disposing of any 
case shall become effective upon its confirmation by the State Government or 
on the expiry of three months from the date on which the order is made, 
whichever is earlier: 
Provided that the State Government may, by special order made in 
writing and for reasons to be specified therein, modify or annul any order of the 
Administrative Tribunal before it becomes effective and in such a case, the 
order of the Administrative Tribunal shall have effect only in such modified 
form or be of no effect, as the case may be. 
(6) Every special order made by the State Government under the proviso 
to clause (5) shall be laid, as soon as may be after it is made, before both 
Houses of the State Legislature. 
(7) The High Court for the State shall not have any powers of 
superintendence over the Administrative Tribunal and no court (other than the 
Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in 
respect of any matter subject to the jurisdiction, power or authority of, or in 
relation to, the Administrative Tribunal. 
(8) If the President is satisfied that the continued existence of the 
Administrative Tribunal is not necessary, the President may by order abolish 
the Administrative Tribunal and make such provisions in such order as he may 
deem fit for the transfer and disposal of cases pending before the Tribunal 
immediately before such abolition. 
(9) Notwithstanding any judgment, decree or order of any court, tribunal 
or other authority,— 
(a) no appointment, posting, promotion or transfer of any person— 
(i) made before the 1st day of November, 1956, to any post 
under the Government of, or any local authority within, the State 
of Hyderabad as it existed before that date; or 
(ii) made before the commencement of the Constitution 
(Thirty-second Amendment) Act, 1973, to any post under the 
Government of, or any local or other authority within, the State of 
Andhra Pradesh; and 
(b) no action taken or thing done by or before any person referred to 
in sub-clause ( a), 
  In P. Sambamurthy and  Others Vs. State of Andhra Pradesh and Others  (1987)           
1 S.C.C. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso to 
be unconstitutional  and vo id.  
 
(Part XXI. —Temporary, Transitional and Special Provisions) 241
shall be deemed to be illegal or void or ever to have become illegal or void 
merely on the ground that the appointment, posting, promotion or transfer of 
such person was not made in accordance with any law, then in force, providing 
for any requirement as to residence within the State of Hyderabad or, as the 
case may be, within any part of the State of Andhra Pradesh, in respect of such 
appointment, posting, promotion or transfer. 
 (10) The provisions of this article and of any order made by the 
President thereunder shall have effect notwithstanding anything in any other 
provision of this Constitution or in any other law for the time being in force. 
371E. Establishment of Central University in Andhra Pradesh.— 
Parliament may by law provide for the establishment of a University in the 
State of Andhra Pradesh.] 
1[371F. Special provisions with respect to the State of Sikkim.—
(a) the Legislative Assembly of the State of Sikkim shall consist of 
not less than thirty members; 
(b) as from the date of commencement of the Constitution (Thirty-
sixth Amendment) Act, 1975 (hereafter in this article referred to as the 
appointed day)— 
(i) the Assembly for Sikkim formed as a result of the elections 
held in Sikkim in April, 1974 with thirty-two members elected in the 
said elections (hereinafter referred to as the sitting members) shall be 
deemed to be the Legislative Assembly of the State of Sikkim duly 
constituted under this Constitution; 
(ii) the sitting members shall be deemed to be the members of 
the Legislative Assembly of the State of Sikkim duly elected under 
this Constitution; and 
(iii) the said Legislative Assembly of the State of Sikkim shall 
exercise the powers and perform the functions of the Legislative 
Assembly of a State under this Constitution; 
1. Art. 371 ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3 
    (w.e.f. 26-4-1975). 

(Part XXI. —Temporary, Transitional and Special Provisions) 242
 
(c) in the case of the Assembly deemed to be the Legislative 
Assembly of the State of Sikkim under clause ( b), the references to the 
period of 1[five years], in clause (1) of article 172 shall be construed as 
references to a period of 2[four years] and the said period of 2[four years] 
shall be deemed to commence from the appointed day; 
(d) until other provisions are made by Parliament by law, there shall 
be allotted to the State of Sikkim one seat in the House of the People and 
the State of Sikkim shall form one parliamentary constituency to be 
called the parliamentary constituency for Sikkim; 
(e) the representative of the State of Sikkim in the House of the 
People in existence on the appointed day shall be elected by the 
members of the Legislative Assembly of the State of Sikkim; 
(f) Parliament may, for the purpose of protecting the rights and 
interests of the different sections of the population of Sikkim make 
provision for the number of seats in the Legislative Assembly of the 
State of Sikkim which may be filled by candidates belonging to such 
sections and for the delimitation of the assembly constituencies from 
which candidates belonging to such sections alone may stand for election 
to the Legislative Assembly of the State of Sikkim; 
(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; 
1. Subs. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 56, for "five years   
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)  Act, 
1978, s. 43,  for "six years" (w.e.f. 6-9-1979).  
2. Subs. by s. 56, ibid., for "four years" (w.e.f. 3-1-1977) and further subs. by s. 43, ibid., 
for  "five years", respectively  (w.e.f. 6-9-1979).  

(Part XXI. —Temporary, Transitional and Special Provisions) 243
(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: 
 See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99). 

(Part XXI. —Temporary, Transitional and Special Provisions) 244
Provided that no such order shall be made after the expiry of two 
years from the appointed 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.] 
1[371G. Special provision with respect to the State of Mizoram.—
(i) religious or social practices of the Mizos, 
(ii) Mizo customary law and procedure, 
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) the Legislative Assembly of the State of Mizoram shall consist of 
not less than forty members.] 
2[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 
 
1. Art. 371G ins. by the Constitution (Fifty-third Amendment) Act, 1986.s. 2 
    (w.e.f. 20-2-1987). 
2. Art. 371H ins. by the Constitution (Fifty-fifth Amendment) Act, 1986, s. 2  

(Part XXI. —Temporary, Transitional and Special Provisions) 245
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 
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) the Legislative Assembly of the State of Arunachal Pradesh 
shall consist of not less than thirty members.] 
1[371-I. Special provision with respect to the State of Goa.—
Notwithstanding anything in this Constitution, the Legislative Assembly of the 
State of Goa shall consist of not less than thirty members.]  
2[371J. Special provisions with respect to the State of Karnataka.—  
(1) The President may, by order made with respect to the State of Karnataka, 
provide for any special responsibility of the Governor for — 
(a) establishment of a separate development board for Hyderabad-
Karnataka region with the provision that a report on the working of the 
board will be placed each year before the State Legislative Assembly;  
(b) equitable allocation of funds for developmental expenditure 
over the said region, subject  to the requirements of the State as a whole; 
and  
(c) equitable opportunities and facilities for the people belonging 
to the said region, in matters of public employment, education and 
vocational training, subject to the requirements of the State as a whole. 
(2) An order made under sub- clause (c) of clause (1) may provide for — 
(a) reservation of a proportion of  seats educational and vocational 
training institutions in the Hyderabad-Karnataka region for students who 
belong to that region by birth or by domicile; and  
 
1. Art.37-I ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, s. 2  
    (w.e.f. 30-5-1987). 
2. Art.371J ins. by the Constitution (Ninety-eighth Amendment) Act, 2012, s. 2  
    (w.e.f. 1-10-2013). 

(Part XXI. —Temporary, Transitional and Special Provisions) 246
(b) identification of posts or classes of posts under the State 
Government and in any body or organisation under the control of the 
State Government in the Hyderabad-Karnataka region and reservation of 
a proportion of such posts for persons who belong to that region by birth 
or by domicile and for appointment thereto by direct recruitment or by 
promotion or in any other manner as may be specified in the order.] 
372. Continuance in force of existing laws and their adaptation.— (1) 
Notwithstanding the repeal by this Constitution of the enactments referred to in 
article 395 but subject to the other provisions of this Constitution, all the law in 
force in the territory of India immediately before the commencement of this 
Constitution shall continue in force therein until altered or repealed or amended 
by a competent Legislature or other competent authority. 
(2) For the purpose of bringing the provisions of any law in force in the 
territory of India into accord with the provisions of this Constitution, the 
President may by order make such adaptations and modifications of such law, 
whether by way of repeal or amendment, as may be necessary or expedient, and 
provide that the law shall, as from such date as may be specified in the order, 
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. 
(3) Nothing in clause (2) shall be deemed— 
(a) to empower the President to make any adaptation or 
modification of any law after the expiration of 1[three years] from the 
commencement of this Constitution; or 
(b) to prevent any competent Legislature or other competent 
authority from repealing or amending any law adapted or modified by 
the President under the said clause. 
 See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of 
India, Extraordinary, p. 449, as amended by notification No. S.R.O. 115, dated the 5th 
June, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, notification No. 
S.R.O. 870, dated the 4th November, 1950, Gazette of India, Extraordinary, Part II, 
Section 3, p. 903, notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of 
India, Extraordinary, Part II, Section 3, p. 287, notification No. S.R.O. 1140B, dated 
the 2nd July, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 616/1, and the 
Adaptation of the Travancore-Cochin Land Acquisition Laws Order, 1952, dated the 
20th November, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923. 
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 12 for "two years"      
(w.e.f. 18-6-1951).  

(Part XXI. —Temporary, Transitional and Special Provisions) 247
Explanation I .—The expression “law in force” in this article shall 
include a law passed or made by a Legislature or other competent authority in 
the territory of India before the commencement of this Constitution and not 
previously repealed, notwithstanding that it or parts of it may not be then in 
Explanation II .—Any law passed or made by a Legislature or other 
competent authority in the territory of India which immediately before the 
commencement of this Constitution had extra-territorial effect as well as effect 
in the territory of India shall, subject to any such adaptations and modifications 
as aforesaid, continue to have such extra-territorial effect. 
Explanation III .—Nothing in this article shall be construed as continuing 
any temporary law in force beyond the date fixed for its expiration or the date 
on which it would have expired if this Constitution had  not come into force. 
Explanation IV. —An Ordinance promulgated by the Governor of a 
Province under section 88 of the Government of India Act, 1935, and in force 
immediately before the commencement of this Constitution shall, unless 
withdrawn by the Governor of the corresponding State earlier, cease to operate 
at the expiration of six weeks from the first meeting after such commencement 
of the Legislative Assembly of that State functioning under clause (1) of article 
382, and  nothing in this article shall be construed as continuing any such 
Ordinance in force beyond the said period. 
 1[372A.  Power of the President to adapt laws. —(1) For the purposes 
of bringing the provisions of any law in force in India or in any part thereof, 
immediately before the commencement of the Constitution (Seventh 
Amendment) Act, 1956, into accord with the provisions of this Constitution as 
amended by that Act, the President may by order made before the first day of 
November, 1957, make such adaptations and modifications of the law, whether 
by way of repeal or amendment, as may be necessary or expedient, and provide 
that the law shall, as from such date as may be  specified in the order, have 
effect subject to the adaptations and modifications so made, and any such 
(2) Nothing in clause (1) shall be deemed to  prevent a competent 
Legislature or other competent authority from repealing or amending any law 
adapted or modified by the President  under the said clause.] 
 
1. Art.372A ins. by the Constitution (Seventh Amendment) Act, 1956, s. 23 
   (w.e.f. 1-11-1956). 
 See the Adaptation of Laws Order of 1956 and 1957. 

(Part XXI. —Temporary, Transitional and Special Provisions) 248
preventive detention in certain cases.— Until provision is made by Parliament 
under clause (7) of article 22, or until the expiration of one year from the 
commencement of this Constitution, whichever  is earlier, the said  article shall 
have effect as if for any reference to Parliament in clauses (4) and (7) thereof 
there were substituted a reference to the President and for any reference to any 
law made by Parliament in those clauses there were substituted a reference to 
an order made by the President. 
pending in the Federal Court or before His Majesty in Council. —(1) The 
Judges of the Federal Court holding office immediately before the 
commencement of this Constitution shall, unless they have elected otherwise, 
become on such commencement the Judges of the Supreme Court and shall 
thereupon be entitled to such salaries and allowances and to such rights in 
respect of leave of absence and pension as are provided for under article 125 in 
respect of the Judges of the Supreme Court. 
(2) All suits, appeals and proceedings, civil or criminal, pending in the 
Federal Court at the commencement of this Constitution shall stand removed to 
the Supreme Court, and the Supreme Court shall have jurisdiction to hear and 
determine the same, and the judgments and  orders of the Federal Court delivered 
or made before the  commencement of this Constitution shall have the same force 
and effect as if they had been delivered or made by the Supreme Court. 
(3) Nothing in this Constitution shall operate to invalidate the exercise of 
jurisdiction by His Majesty in Council to dispose of appeals and petitions from, 
or in respect of, any judgment, decree or order of any court within the territory 
of India in so far as the exercise of such jurisdiction is authorised by law, and 
any order of His Majesty in Council made on any such appeal or petition after 
the commencement of this Constitution shall for all purposes have effect as if it 
were an order or decree made by the Supreme Court in the exercise of the  
jurisdiction conferred on such Court by this Constitution. 
(4) On and from the commencement of this Constitution the jurisdiction of 
the authority functioning as the Privy Council in a State specified in Part B of the 
First Schedule to entertain and dispose of appeals and petitions from or in respect 
of any judgment, decree or order of any court within that State shall cease, and all 
appeals and other proceedings pending before the said authority at such 
commencement shall be transferred to, and disposed of by, the Supreme Court. 
(5) Further provision may be made by Parliament by law to give effect to 
the provisions of this article. 

(Part XXI. —Temporary, Transitional and Special Provisions) 249
375. Courts, authorities and officers to continue to function subject 
to the provisions of the Constitution.— All courts of civil, criminal and 
revenue jurisdiction, all authorities and all officers, judicial, executive and 
ministerial, throughout the territory of India, shall continue to exercise their 
respective functions subject to the provisions of this Constitution. 
376. Provisions as to Judges of High Courts.— (1) Notwithstanding 
anything in clause (2) of article 217, the Judges of a High Court in any 
Province holding office immediately before the commencement of this 
Constitution shall, unless they have elected otherwise, become on such 
commencement the Judges of the High Court in the corresponding State, and 
shall thereupon be entitled to such salaries and allowances and to such rights in  
respect of leave of absence and pension as are provided for under article 221 in 
respect of the Judges of such High Court. 1[Any such Judge shall, 
notwithstanding that he is not a citizen of India, be eligible for appointment as 
Chief Justice of such High Court, or as Chief Justice or other Judge of any 
other High Court.] 
(2) The Judges of a High Court in any Indian State corresponding to any 
State specified in Part B of the First Schedule holding office immediately 
before the commencement of this Constitution shall, unless they have elected 
otherwise, become on such commencement the Judges of the High Court in the 
State so specified and shall, notwithstanding anything in clauses  (1) and (2) of 
article 217 but subject to the proviso to clause (1) of that article, continue to hold 
office until the expiration of such period as the President may by order determine. 
(3)  In this article, the expression “Judge” does not include an acting Judge 
or an additional Judge. 
377. Provisions as to Comptroller and Auditor-General of India.— The 
Auditor-General of India holding office immediately before the commencement of 
this Constitution shall, unless  he has elected otherwise, become on such 
commencement the Comptroller and Auditor-General of India and shall thereupon 
be entitled to such salaries and to such rights in respect of leave of absence and 
pension as are provided for under clause (3) of article 148 in respect of the 
Comptroller and Auditor-General of India and be entitled to continue to hold office 
until the expiration of his term of office as determined under the provisions which 
were applicable to him immediately before such commencement. 
1. Added by the Constitution (First Amendment) Act, 1951, s. 13 (w.e.f. 18-6-1951). 

(Part XXI. —Temporary, Transitional and Special Provisions) 250
378. Provisions as to Public Service Commissions.— (1) The members 
of the Public Service Commission for the Dominion of India holding office 
immediately before the commencement of this Constitution shall, unless they 
have elected otherwise, become on such commencement the members of the 
Public Service Commission for the Union and shall, notwithstanding anything in 
clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that 
article, continue to hold office until the expiration of their term of office as 
determined under the rules which were applicable immediately before such 
commencement to such members. 
(2) The Members of a Public Service Commission of a Province or of a 
Public Service Commission serving the needs of a group of Provinces holding 
office immediately before the commencement of this Constitution shall, unless they 
have elected otherwise, become on such commencement the members of the Public 
Service Commission for the corresponding State or the members of the Joint State 
Public Service Commission  serving the needs of the corresponding States, as the 
case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 
316 but subject to the proviso to clause (2) of that article, continue to hold office 
until the expiration of their term of office as determined under the rules which  were 
applicable immediately before such commencement to such members. 
1[378A. Special provision as to duration of Andhra Pradesh 
Legislative Assembly.— Notwithstanding anything contained in article 172, the 
Legislative Assembly of the State of Andhra Pradesh as constituted under the 
provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, 
unless sooner dissolved, continue for a period of five years from the date referred 
to in the said section 29 and no longer and the expiration of the said period shall 
operate as a dissolution of that Legislative Assembly.] 
379. [Provisions as to provisional Parliament and the Speaker and 
Deputy Speaker thereof.] .—Omitted by the Constitution (Seventh Amendment) 
380. [Provision as to President.] .—Omitted by the Constitution (Seventh 
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).  
381. [Council of Ministers of the President.] .—Omitted by the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).  
382. [Provisions as to provisional Legislatures for States in Part A of the 
First Schedule.] .—Omitted by the Constitution (Seventh Amendment) Act, 
383. [Provision as to Governors of Provinces.] .—Omitted by the 
1. Art.378A ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24 (w.e.f. 1-11-
1956). 

(Part XXI. —Temporary, Transitional and Special Provisions) 251
384. [Council of Ministers of the Governors.] .—Omitted by the 
385. [Provision as to provisional Legislatures in States in Part B of the 
386. [Council of Ministers for  States in Part B of the First Schedule.] .— 
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 
387. [Special provision as to determination of population for the 
purposes of certain elections.] .—Omitted by the Constitution (Seventh 
388. [Provisions as to the filling of casual vacancies in the  provisional 
Parliament and  provisional Legislatures of the States.] .—Omitted by the 
389. [Provision as to Bills pending in the Dominion Legislatures and  in 
the Legislatures of Provinces and Indian States.] Omitted by the Constitution 
390. [Money received or raised or expenditure incurred between the 
commencement of the Constitution and the 31st day of March, 1950 .—Omitted 
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-
1956). 
391. [Power of the President to amend the First and Fourth Schedules in 
certain contingencies.] .—Omitted by the Constitution (Seventh Amendment) 
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).  
392. Power of the President to remove difficulties. —(1) The President 
may, for the purpose of removing any difficulties, particularly in relation to the 
transition from the provisions of the Government of India Act, 1935, to the 
provisions of this Constitution, by order direct that this Constitution shall, 
during such period as may be specified in the order, have effect subject to such 
adaptations, whether by way of modification, addition or omission, as he may 
deem to be necessary or expedient: 
Provided that no such order shall be made after the first meeting of 
Parliament duly constituted under Chapter II of Part V. 
(2) Every order made under clause (1) shall be laid before Parliament. 
(3) The powers conferred on the President by this article, by article 324, by 
clause (3) of article 367 and by article 391 shall, before the commencement of this 
Constitution, be exercisable by the Governor-General of the Dominion of India. 
 
 252PART XXII 
 
SHORT TITLE, COMMENCEMENT, 1[AUTHORITATIVE  
TEXT IN HINDI] AND REPEALS 
393. Short title. —This Constitution may be called the Constitution of 
India. 
394.  Commencement. —This article and articles 5, 6, 7, 8, 9, 60,  324, 
366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and 
the remaining provisions of this Constitution shall come into force on the 
twenty-sixth day of January, 1950, which day is referred to in this Constitution 
as the commencement of this Constitution. 
2[394A. Authoritative text in the Hindi language. —(1) The President 
shall cause to be published under his authority,— 
(a) the translation of this Constitution in the Hindi language, 
signed by the members of the Constituent Assembly, with such 
modifications as may be necessary to bring it in conformity with the 
language, style and terminology adopted in the authoritative texts of 
Central Acts in the Hindi language, and incorporating therein all the 
amendments of this Constitution made before such publication; and 
(b) the translation in the Hindi language of every amendment of 
this Constitution made in the English language. 
(2) The translation of this Constitution and of every amendment thereof 
published under clause (1) shall be construed to have the same meaning as  the 
original thereof and if any difficulty arises in so construing any part of such 
translation, the President shall cause the same to be revised suitably. 
(3) The translation of this Constitution and of every amendment thereof 
published under this article shall  be deemed to be, for all purposes, the 
authoritative text thereof in the Hindi language.] 
395. Repeals. —The Indian Independence Act, 1947, and the 
Government of India Act, 1935, together with all enactments amending or 
supplementing the latter Act, but not including the Abolition of Privy Council 
Jurisdiction Act, 1949, are hereby repealed. 
1. Ins. by the Constitution (Fifty-eighth Amendment) Act, 1987, s. 2 (w.e.f. 9-12-1987). 
2. Art. 394A ins. by s. 3, ibid. (w.e.f. 9-12-1987). 

 253 
1[FIRST SCHEDULE  
[Articles 1 and 4] 
I. THE STATES 
 
Name Territories  
1. Andhra 
Pradesh  2[The territories specified in sub-section ( 1) of section 3 of 
the Andhra State Act, 1953, sub-section ( 1) of section 3 of  
the States Reorganisation Act, 1956, the First Schedule to 
the Andhra Pradesh and Madras (Alteration of Boundaries) 
Act, 1959, and the Schedule to the Andhra Pradesh and 
Mysore (Transfer of Territory) Act, 1968, but excluding 
the territories specified in the Second Schedule to the 
Andhra Pradesh and Madras (Alteration of Boundaries) 
Act, 1959 ] 3[and the territories specified in section 3 of 
the Andhra Pradesh Reorganisation Act, 2014 ]. 
2. Assam The territories which immediately before the 
commencement of this Constitution were comprised in the 
Province of Assam, the Khasi States and the Assam Tribal 
Areas, but excluding the territories specified in the 
Schedule to the Assam (Alteration of Boundaries) Act, 
1951 4[and the territories specified in sub-section ( 1) of 
section 3 of the State of Nagaland Act, 1962] 5[and the 
territories specified in sections 5, 6 and 7 of the North-
Eastern Areas (Reorganisation) Act, 1971] 6[and the 
territories referred to in Part I of the Second Schedule to 
the Constitution (One Hundredth Amendment) Act, 
2015, notwithstanding anything contained in clause ( a) 
of section 3 of the Constitution (Ninth Amendment) 
Act, 1960, so far as it relates to the territories referred to 
in Part I of the Second Schedule to the Constitution 
(One Hundredth Amendment) Act, 2015.] 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch. (w.e.f. 1-11-1956). 
2. Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), s. 4,  
for the former entry (w.e.f. 1-10-1968). 
3. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f.  2-6-2014).  
4. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).   
5. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).  
6. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f.  31-7-2015). For 
the text of the Act, see Appendix I. 

(First Schedule) 
 
 254
3. Bihar 1[The territories which immediately before the 
commencement of this Constitution were either 
comprised in the Province of Bihar or were being 
administered as if they formed part of that  Province 
and the territories specified  in clause ( a) of sub-section 
(1) of section 3 of the Bihar and Uttar Pradesh 
(Alteration of Boundaries) Act, 1968, but excluding the 
territories specified in sub-section ( 1) of section 3 of the 
Bihar and West Bengal (Transfer of Territories) Act, 
1956, and the territories specified in clause ( b) of     
sub-section ( 1) of section 3 of the first mentioned Act 
2[and the territories specified in section 3 of the Bihar 
Reorganisation  Act, 2000].] 
3[4. Gujarat The territories referred to in sub-section ( 1) of section 3 of 
the Bombay Reorganisation Act, 1960.] 
5. Kerala The territories specified in sub-section ( 1) of section 5 
of the States Reorganisation Act, 1956. 
6. Madhya 
Pradesh The territories specified in sub-section ( 1) of   section 9 of 
the States Reorganisation Act, 1956 4[and the First 
Schedule to the Rajasthan and Madhya Pradesh (Transfer 
of Territories) Act, 1959], 5[but excluding the territories 
specified in section 3 of the Madhya Pradesh 
Reorganisation Act, 2000.] 
1. Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968            
(24 of 1968), s. 4, for the former entry (w.e.f. 10-6-1970). 
2. Added by the Bihar Reorganisation  Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-
2000). 
3. Subs. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 
4. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959        
(47 of 1959), s. 4 (w.e.f. 1-10-1959).  
5. Added by the Madhya Pradesh Reorganisation  Act, 2000 (28 of 2000), s. 5                     
(w.e.f. 1-11-2000). 

 255
1[7. Tamil Nadu]
  The territories which immediately before the 
comprised in the Province  of Madras or were being 
administered as  if they formed part of that Province and 
the territories specified in section 4 of the States 
Reorganisation  Act, 1956, 2[and the Second Schedule to 
the Andhra Pradesh and Madras (Alteration of 
Boundaries) Act, 1959], but excluding the territories 
specified in sub-section ( 1) of section 3 and sub-section 
(1) of section 4 of the Andhra State Act, 1953 and 3[the 
territories specified in clause ( b) of sub-section ( 1) of 
section 5, section 6 and clause ( d) of sub-section ( 1) of 
section 7 of the States Reorganisation  Act, 1956 and the 
territories specified in the First Schedule to the Andhra 
Pradesh and Madras (Alteration of Boundaries) Act, 
1959.] 
4[8. Maharashtra The territories specified in sub -section (1) of section 8 
of the States Reorganisation Act, 1956, but excluding 
the territories referred to in sub-section ( 1) of section 3 
of the Bombay Reorganisation Act, 1960.] 
5[6[9.] 
Karnataka] The territories specified in sub -section (1) of section 7 
of the States Reorganisation Act, 1956 7[but excluding 
the territory specified in the Schedule to the Andhra 
Pradesh and Mysore (Transfer of Territory) Act, 1968.]  
1. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5,        
for  "7. Madras" (w.e.f. 14-1-1969).  
2. Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959        
(56 of 1959), s. 6 (w.e.f. 1-4-1960). 
3. Subs. by s. 6,  ibid., for certain words (w.e.f. 1-4-1960).  
4. Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 
5. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for    
"9. Mysore" (w.e.f. 1-11-1973). 
6. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation  Act, 
1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 
7. Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968              
(36 of 1968), s. 4 (w.e.f. 1-10-1968).  

 256
1[10.] 2[Odisha] The territories which immediately before the 
commencement of this Constitution were either comprised 
in the Province of Orissa or were being administered as if 
they formed part of that Province.  
1[11.] Punjab
  The territories specified  in section 11 of the States 
Reorganisation Act, 1956 3[and the territories referred 
to in Part II of the First Schedule to the Acquired 
Territories (Merger) Act, 1960] 4[but excluding the 
territories referred to in Part II of the First Schedule to 
the Constitution (Ninth Amendment) Act, 1960] 5[and 
the territories specified in sub-section ( 1) of section 3, 
section 4 and sub-section ( 1) of section 5 of the Punjab 
Reorganisation Act, 1966.]  
1[12.] 
Rajasthan The territories specified in section 10 of the States 
Reorganisation Act, 1956 6[but excluding the territories 
specified in the First Schedule to the Rajasthan and 
Madhya Pradesh (Transfer of Territories) Act, 1959]. 
1. Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 6, for "Orissa"      
3. Ins. by the Acquired Territories (Merger) Act, 1960 (64 of 1960), s. 4                
(w.e.f. 17-1-1961).  
4. Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961). 
5. Added by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-
1966). 
6. Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 
1959), s. 4 (w.e.f. 1-10-1959). 

 257
1[13.] Uttar  
Pradesh  2[The territories which immediately before the 
comprised in the Province known as the United  
Provinces or were being administered as if they formed 
part of that Province, the territories specified in clause 
(b) of sub-section ( 1) of section 3 of the Bihar and Uttar 
Pradesh (Alteration of Boundaries) Act, 1968, and the 
section 4 of the Haryana and Uttar Pradesh (Alteration 
of Boundaries) Act, 1979, but excluding the territories 
specified in clause ( a) of sub-section ( 1) of section 3 of 
the Bihar and Uttar Pradesh (Alteration of Boundaries) 
Act, 1968, 3[and the territories specified in section 3 of 
the Uttar Pradesh Reorganisation Act, 2000] and the 
territories specified in clause ( a) of sub-section ( 1) of 
of Boundaries) Act, 1979.] 
1[14.] West 
Bengal   The territories which immediately before the 
comprised in the Province of West Bengal or were 
being administered as if they formed part of that 
Province and the territory of Chandernagore as defined 
in clause ( c) of section 2 of the Chandernagore (Merger) 
Act, 1954 and also the territories specified  in            
sub-section ( 1) of section 3 of the Bihar and West 
Bengal (Transfer of Territories) Act, 1956 4[and also the 
territories referred to in Part III of the First Schedule but 
excluding the territories referred to in Part III of the 
Second Schedule to the Constitution (One Hundredth 
Amendment) Act, 2015, notwithstanding anything 
contained in clause ( c) of section 3 of the Constitution 
(Ninth Amendment) Act, 1960, so far as it relates to the 
territories referred to in Part III of the First Schedule and 
the territories referred to in Part III of the Second 
Schedule to the Constitution (One Hundredth 
Amendment) Act, 2015.] 
1. Entries 8 to 14 renumbered as entries 9 to 15 by the  the Bombay Reorganisation  Act, 
2. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 
1979), s. 5, for the entry against "13. Uttar Pradesh" (w.e.f. 15-9-1983). 
3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5  (w.e.f. 9-11-2000). 
4. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3                   
(w.e.f. 31-7-2015).  For the text of the Act see Appendix I.  

 258
1[2[**     *                            *                          * ]] 
3[4[15.] 
Nagaland The territories specified in sub -section (1) of section 3 
of the State of Nagaland Act, 1962.] 
 3[5[16.] 
Haryana  6[The territories specified in sub -section (1) of section 3 
of the Punjab Reorganisation Act, 1966 and the 
section  4 of the Haryana and Uttar Pradesh (Alteration 
specified in clause ( v) of  sub-section ( 1) of section 4 of 
that Act.]] 
  3[7[17.] 
Himachal 
Pradesh The territories which immediately before the 
commencement of this Constitution were being 
administered as if they were Chief Commissioners’ 
Provinces under the names of  Himachal Pradesh and 
Bilaspur and the territories specified  in sub-section ( 1) 
of section 5 of the Punjab Reorganisation Act, 1966.] 
3[8[18.] 
Manipur The territory which immediately before the 
commencement of this Constitution was being 
administered as if it were a Chief Commissioner’s 
Province under the name of Manipur.] 
1. **Entry 15  relating to Jammu and Kashmir deleted by the Jammu and Kashmir  
Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).  
2. Entries 8 to 14 renumbered as 9 to 15 by the Bombay Reorganisation  Act, 1960   
(11 of 1960), s. 4 (w.e.f. 1-5-1960). 
3. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir  
Reorganisation  Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 
4  Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963). 
5. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966) 
and the entry therein subsequently amended by the Haryana and Uttar Pradesh 
(Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983). 
6. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979        
(31 of 1979), s. 5, for the entry against "17. Haryana" (w.e.f. 15-9-1983). 
7. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971). 
8. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9   
(w.e.f. 21-1-1972). 

 259
1[19.] Tripura
  The territory which immediately before the 
Province under the name of Tripura 2[and the territories 
referred to in Part II of the First Schedule to the 
Constitution (One Hundredth Amendment) Act, 2015, 
notwithstanding anything contained in clause ( d) of 
section 3 of the Constitution (Ninth Amendment) Act, 
1960, so far as it relates to the territories referred to in 
Part II of the First Schedule to the Constitution (One 
Hundredth Amendment) Act, 2015.] 
1[20.] Meghalaya The territories specified in section 5 of the North-Eastern 
Areas (Reorganisation) Act, 1971] 2[and the territories referred to 
in Part I of the First Schedule but excluding the territories 
referred to in Part II of the Second Schedule to the Constitution 
1[3[21.] Sikkim The territories which immediately before the commencement of 
the Constitution (Thirty-sixth Amendment) Act, 1975, were 
comprised in Sikkim.]  
1[4[22.] Mizoram The territories specified in section 6 of the North-Eastern 
Areas (Reorganisation) Act, 1971.] 
1[5[23.] Arunachal 
Pradesh The territories specified in section 7 of the North-Eastern 
1[6[24.] Goa The territories specified in section 3 of  the Goa, Daman and 
Diu Reorganisation Act, 1987.] 
1. Entries 16 to 29 renumbered as entries 15 to 28 by the  Jammu and Kashmir  
2. Added by the  Constitution (One Hundredth Amendment) Act, 2015, s. 3          
(w.e.f. 31-7-2015). For the text of the Act, see Appendix I . 
3. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975). 
4. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987). 
5. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987). 
6. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5     

 260
1[2[25.] Chhattisgarh The territories specified in section 3 of the Madhya 
Pradesh Reorga nisation Act, 2000. ] 
1[3[26.] 4[Uttarakhand] The territories specified in section 3 of the Uttar Pradesh    
Reorganisation Act, 2000. ] 
1[5[27.] Jharkhand  The territories specified in section 3 of the Bihar 
Reorganisation Act, 2000.]  
1[6[28.] Telangana The territories specified in section 3 of the Andhra 
Pradesh Reorganisation Act, 2014.]  
II. THE UNION TERRITORIES 
Name Extent 
1. Delhi The territory which immediately before the 
commencement of this Constitution was comprised in the 
Chief Commissioner’s Province of Delhi.  
7[*             *      *              *                     *]   
8[2.] The Andaman 
and Nicobar 
Islands   The territory which immediately before the 
commencement of  this Constitution was comprised in 
the Chief  Commissioner’s Province  of   the    
Andaman    and  Nicobar Islands.       
2. Added by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5           
3. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000). 
4. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the 
word "Uttaranchal" (w.e.f. 1-1-2007). 
5. Added by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-
2000). 
6. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) , s. 10 
    (w.e.f. 2-6-2014).   
7. Entry 2 relating to Himachal Pradesh omitted and entries 3 to 10 renumbered as 
entries 2 to 9 respectively by the State of Himachal Pradesh Act, 1970 (53 of 1970), 
s. 4     (w.e.f. 25-1-1971) and subsequently entries relating to Manipur and Tripura 
(i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971 
(81 of 1971) s. 9  (w.e.f. 21-1-1972). 
8. Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas 
(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). 

 261
 
1[3.] 2[Lakshadweep] The territory specified in section 6 of the States   
Reorganisation Act, 1956. 
3[1[4.] Dadra and 
Nagar Haveli 
and Daman 
and Diu   
  The territory  which  immediately  before   the 
eleventh day of  August, 1961 was comprised in 
Free Dadra  and    Nagar  Haveli and the territories 
specified in section 4 of the Goa, Daman and Diu 
Reorganisation Act, 1987.]  
4[1[*] 3[ *                        *                       *                      *] 
5[1[6.] 6[Puducherry]  The territories which immediately before the   
sixteenth day of August, 1962, were comprised in 
the French Establishments in India known as 
Pondicherry, Karikal, Mahe and Yanam.] 
7[1[7.] Chandigarh The territories specified in section 4 of the Punjab  
Reorganisation Act, 1966.] 
1. Entries 4 to 9  renumbered  as entries 2 to 7  (respectively) by the North-Eastern 
Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972). 
2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 
1973 (34 of 1973), s. 5, for "The Laccadive, Minicoy and Amindivi Islands"     
(w.e.f. 1-11-1973). 
3. Entry 4 relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth 
Amendment ) Act, 1961, s. 2 (w.e.f. 11-8-1961) and subsequently subs. by the 
Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 
2019 (44 of 2019), s. 5, for entries 4 and 5 (w.e.f. 26-1-2020).  
4. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 5, for 
entry 5 (w.e.f. 30-5-1987). 
5. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (with retrospective 
effect). 
6.  Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5 for 
7. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).   

 262
1[*             *      *              *                     *]   
1[*             *      *              *                     *]   
 
2[8. Jammu and 
Kashmir The territories specified in section 4 of the Jammu 
and Kashmir Reorganisation Act, 2019. 
9. Ladakh The territories specified in section 3 of the Jammu 
and Kashmir Reorganisation Act, 2019.] 
 
1. Entry 8 relating to Mizoram omitted and entry 9 relating to Arunachal Pradesh 
renumbered as entry 8 by the State of Mizoram Act, 1986 (34 of 1986), s. 4     
(w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of 
Arunachal Pradesh Act, 1986 (69 of 1986) s. 4 (w.e.f. 20-2-1987). 
2. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6      
(w.e.f. 31-10-2019). 

 263SECOND SCHEDULE 
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221] 
PART A 
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1*** 
1. There shall be paid to the President and to the Governors of the States 
1***  the following emoluments per mensem, that is to say:— 
The President                ……                10,000 rupees. 
The Governor of a State      ……           5,500 rupees. 
2. There shall also be paid to the President and to the Governors of the 
States 2***  such allowances as were payable respectively to the Governor-
General of the Dominion of India and to the Governors of the corresponding 
Provinces immediately before the commencement of this Constitution. 
3. The President and the Governors of 3[the States] throughout their respective 
terms of office shall be entitled to the same privileges to which the Governor-
General and the Governors of the corresponding Provinces were respectively 
entitled immediately before the commencement of this Constitution. 
4. While the Vice-President or any other person  is discharging the 
functions of, or is acting as, President, or any person is discharging the 
functions of the Governor,  he shall be entitled to the same emoluments, 
allowances and privileges as the President or the Governor whose functions he 
discharges or for whom he acts, as the case may be. 
  4*                           *                          *            *                         * 
1. The words and letter "specified in Part A of the First Schedule" omitted by the 
 Now five lakh rupees, vide the Finance Act, 2018 (13 of 2018), s. 137.                   
(w.e.f. 1-1-2016). 
 Now three lakh fifty thousand rupees, by s. 161, ibid. (w.e.f. 1-1-2016). 
2. The words "so specified" omitted by the Constitution (Seventh Amendment) Act, 
3. Subs. by s. 29 and Sch., ibid., for "such states" (w.e.f. 1-11-1956). 
4. Part B omitted by  s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 

(Second Schedule)  264
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 1*** 
AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN 
OF THE LEGISLATIVE COUNCIL OF 2[A STATE] 
7. There shall be paid to the Speaker of the House of the People and the 
Chairman of the Council of States such salaries and allowances as were payable 
to the Speaker of the Constituent Assembly of the Dominion of India 
immediately before the commencement of this Constitution, and there shall be 
paid to the Deputy Speaker of the House of the People and to the Deputy 
to the Deputy Speaker of the Constituent Assembly of the Dominion of India 
immediately before such commencement. 
8. There shall  be paid to the Speaker and the Deputy Speaker of the 
Legislative Assembly 3*** and to the Chairman and the Deputy Chairman of 
the Legislative Council of 4[a State] such salaries and allowances as were 
payable respectively to the Speaker and the Deputy Speaker of the Legislative 
Assembly and the President and the Deputy President of the Legislative 
Council of the corresponding Province immediately before the commencement 
of this Constitution and, where the corresponding Province had no Legislative 
Council immediately before such commencement, there shall be paid to the 
Chairman and the Deputy Chairman of the Legislative Council of the State 
such salaries and allowances as the Governor of the State may determine. 
PART D 
1. The words and letter "of a State in Part A of the First Schedule" omitted by the 
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956). 
2. Subs. by s. 29 and Sch., ibid., for “any such State.” (w.e.f. 1-11-1956). 
3. The words and letter "of a State specified in Part A of the First Schedule" omitted by  
4. Subs. by s. 29 and Sch., ibid., for "such State" (w.e.f. 1-11-1956).  

(Second Schedule)  265
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE  
HIGH COURTS 1*** 
9.  (1) There shall be paid to the Judges of the Supreme Court, in respect of 
time spent on actual service, salary at the following rates per mensem, that is to say:— 
The Chief Justice       ..   2[10,000 rupees.].  
Any other Judge         ..   3[9,000 rupees.].  
Provided that if a Judge of the Supreme Court at the time of his 
appointment is in receipt of a pension (other than a disability or wound 
pension) in respect of any previous service under the Government of India or 
any of its predecessor Governments or under the Government of a State or  any 
of its predecessor Governments, his salary in respect of service in the Supreme 
Court 4[shall be reduced— 
(a) by the amount of that pension, and 
(b) if he has, before such appointment, received in lieu of a portion of 
the pension due to him in respect of such previous service the commuted 
value thereof, by the amount of that portion of the pension, and 
(c) if he has, before such appointment, received a retirement gratuity in 
respect of such previous service, by the pension equivalent of that gratuity.] 
(2) Every Judge of the Supreme Court shall be entitled without payment 
of rent to the use of an official residence. 
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge 
who, immediately before the commencement of this Constitution,— 
(a) was holding office as the Chief Justice of the Federal Court and 
has become on such commencement the Chief Justice of the Supreme 
1. The words and letter "in States in Part A of the First Schedule" omitted by the 
Constitution (Seventh Amendment) Act, 1956, s. 25(a) (w.e.f. 1-11-1956). 
2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "5,000 rupees”  
 Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges 
(Salaries and Conditions of Service) Amendment   Act, 2018 (10 of 2018),  s. 6     
3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees" 
  Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges 
(Salaries and Conditions of Service) Amendment   Act, 2018 (10 of 2018),  s. 6      
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(b), for "shall be 
reduced by the amount of that pension" (w.e.f. 1-11-1956). 

(Second Schedule)  266
Court under  clause (1) of article 374, or 
(b) was holding office as any other Judge of the Federal Court and 
has on such commencement become a Judge (other than the Chief 
Justice) of the Supreme Court under the said clause, 
during the period he holds office as such Chief Justice or other Judge, and 
every Judge who so becomes the Chief Justice or other Judge of the Supreme 
Court shall, in  respect of time spent on actual service as such Chief Justice or 
other Judge, as the case may be, be entitled to receive in addition to the salary 
specified in sub-paragraph (1) of this paragraph as special pay an amount 
equivalent to the difference between the salary so specified and the salary 
which he was drawing immediately before such commencement. 
(4) Every Judge of the Supreme Court shall receive such reasonable 
allowances to reimburse him for expenses incurred in travelling on duty within 
the territory of India and shall be afforded such reasonable facilities in 
connection with travelling as the President may from time to time prescribe. 
(5) The rights in respect of leave of absence (including leave allowances) 
and pension of the Judges of the Supreme Court shall be governed by the 
provisions which, immediately before the commencement of this Constitution,  
were applicable to the Judges of the Federal Court. 
10. (1) 1[There shall be paid to the Judges of High Courts, in respect of time 
spent on actual service, salary at the following rates per mensem, that is to say,— 
The Chief Justice        ..       2[9,000 rupees]  
Any other Judge          ..       3[8,000 rupees]:  
Provided that if a Judge of a High Court at the  time of his appointment is in 
receipt of a pension (other than a disability or wound pension) in respect of any 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c)(i), for sub-
paragraph (1) (w.e.f. 1-11-1956). 
2. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "4,000 rupees" 
 Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges 
(Salaries and Conditions of Service) Amendment   Act, 2018 (10 of 2018), s. 2      
3. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for "3,500 rupees" 
 Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court 
Judges (Salaries and Conditions of Service) Amendment   Act, 2018 (10 of 2018), s. 2  

(Second Schedule)  267
previous service under the Government of India or any of its predecessor 
Governments or under  the Government of a State or any of its predecessor 
Governments, his salary in respect of service in the High Court shall be reduced— 
respect of such previous service, by the pension equivalent of that 
gratuity.] 
(2) Every person who immediately before the commencement of this 
Constitution— 
(a) was holding office as the Chief Justice of a High Court in any 
Province and has on such commencement become the Chief Justice of the 
High Court in the corresponding State under clause (1) of article 376, or 
(b) was holding office as any other Judge of a High Court in any Province 
and has on such commencement become a Judge (other than the Chief 
Justice) of the High Court in the corresponding State under the said clause, 
shall, if he was immediately before such commencement drawing a salary at a 
rate higher than that specified in sub-paragraph (1) of this paragraph, be 
entitled to receive in respect of time spent on actual service as such Chief 
Justice or other Judge, as the case may be, in addition to the salary specified in 
the said sub-paragraph as special pay an amount equivalent to the difference 
between the salary so specified and the salary which he was drawing 
1[(3) Any person who, immediately before the commencement of the 
Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief 
Justice of the High Court of  a State specified in Part B of the First Schedule 
and has on such commencement become the Chief Justice of the High Court of 
a State specified in the said Schedule as amended by the said Act, shall, if he 
was immediately before such commencement drawing any amount as 
allowance in addition to his salary, be entitled to receive in respect of time 
spent on actual service as such Chief Justice, the same amount as allowance in 
addition to the salary specified in sub-paragraph (1) of this paragraph.]. 
11. In this Part, unless the context otherwise requires,— 
(a) the expression “Chief Justice” includes an acting Chief Justice, 
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25(c)(ii), for sub-
paragraphs ( 3) and (4) (w.e.f. 1-11-1956). 

(Second Schedule)  268
and a “Judge” includes an ad hoc Judge; 
(b) “actual service” includes— 
(i) time spent by a Judge on duty as a Judge or in the performance 
of such other functions as he may at the request of the President 
undertake to discharge; 
(ii) vacations, excluding any time during which the Judge is absent 
on leave; and 
(iii) joining time on transfer from a High Court to the Supreme 
Court or from one High Court to another. 
PART E 
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA 
12. (1) There shall be paid to the Comptroller and Auditor-General of 
India a salary at the rate of *four thousand rupees per mensem. 
(2) The person who was holding office immediately before the 
commencement of this Constitution as Auditor-General of India and has 
become on such commencement the Comptroller and Auditor-General of India 
under article 377 shall in addition to the salary specified in sub-paragraph (1) of 
this paragraph be entitled to receive as special pay an amount equivalent to the 
difference between the salary so specified and the salary which he was drawing 
as Auditor-General of India immediately before such commencement. 
(3) The rights in respect of leave of absence and pension and the other 
conditions of service of the Comptroller and Auditor-General of India shall be 
governed or shall continue to be governed, as the case may be, by the provisions 
which were applicable to the Auditor-General of India immediately before the 
commencement of this Constitution and all references in those provisions to the 
Governor-General shall be construed as references to the President. 
* The Comptroller and Auditor-General of India shall be paid a salary equal to 
the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and 
Auditor General (Duties, Powers and Conditions of Service) Act, 1971 (56 of 
1971) .  The salary of Judges of the Supreme Court has been raised to two 
lakh fifty thousand rupees per mensem by the High Court and Supreme Court 
Judges (Salaries and Conditions of Service) Amendment  Act, 2018 (10 of 2018), s. 6    
  
 269 
THIRD SCHEDULE 
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]  
Forms  of  Oaths  or Affirmations 
I 
Form of oath of office for a Minister for the Union:— 
“I,   A. B.,  do  swear   in   the  name   of   God   that I will bear true faith 
                                  solemnly affirm    
and allegiance to  the  Constitution of India as by law established, 1[that I 
will uphold the sovereignty and integrity of India,]  that I will faithfully 
and conscientiously discharge my duties as a Minister for the Union and 
that I will do right to all manner of people in accordance with the 
Constitution and the law, without fear or favour, affection or ill-will.” 
II 
Form of oath of secrecy for a Minister for the Union:— 
“I,   A.B.,  do swear  in  the  name  of  God    that  I  will  not  directly  or 
                                        solemnly affirm       
indirectly communicate or reveal to any person or persons any matter 
which shall be brought under my consideration or shall become known 
to me as a Minister for the Union except as may be required for the due 
discharge of my duties as such Minister.” 
2[III 
A 
Form of oath or affirmation to be made by a candidate for election to 
Parliament:— 
   See  also arts. 84 ( a) and 173 ( a). 
1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). 
2. Subs. by s. 5, ibid., for Form III. (w.e.f. 5-10-1963). 

(Third Schedule)  270
“I, A.B., having been nominated as a  candidate  to  fill  a  seat in the  
Council  of  States (or  the  House of  the People) do swear in the name of   God     
                               solemnly affirm 
that I will bear true  faith and allegiance to the Constitution of India as 
by law established and that I will uphold the sovereignty and integrity of 
India.” 
B 
Form of oath or affirmation to be made by a member of  Parliament:— 
“I,  A.B., having been elected  (or  nominated)  a member of  the 
Council  of  States  (or  the House of  the People) do swear in  the name of  God    
                                                                                    solemnly affirm 
that I will bear true faith and allegiance to the Constitution of India as by 
law established, that I will uphold the sovereignty and integrity of India 
and that I will faithfully discharge the duty upon which I am about to 
enter.”] 
IV 
Form of oath or affirmation to be made by the Judges of the Supreme 
Court and the Comptroller and Auditor-General of India:— 
“I, A.B., having been appointed Chief Justice (or a Judge) of  the 
Supreme Court of  India  (or Comptroller and Auditor-General  of  
India)  do  swear  in  the  name  of   God    that  I  will  bear  true  faith  and 
                             solemnly affirm 
faith and allegiance to the Constitution of India as by law established, 
1[that I will uphold the sovereignty and integrity of India,] that I will 
duly and faithfully and to the best of my ability, knowledge and 
judgment perform the duties of my office without fear or favour, 
affection or ill-will and that I will uphold the Constitution and the laws.”  

(Third Schedule)  271
V 
Form of oath of office for a Minister for a State:— 
“I, A.B.,  do swear  in  the  name  of  God   that  I  will   bear   true  faith    
                                      solemnly affirm 
and allegiance to the Constitution of India as by law established, 1[that I 
will uphold the sovereignty and integrity of India,] that I will faithfully 
and conscientiously discharge my duties as a Minister for the State of 
..........and that I will do right to all manner of people in accordance with 
the Constitution and the law without fear or favour, affection or ill-will.” 
 
VI 
Form of oath of secrecy for a Minister for a State:— 
  “I,  A.B.,  do  swear  in  the  name   of   God   that I  will  not  directly or  
                            solemnly affirm 
which shall be brought under my consideration or shall become known to 
me as a Minister for the State of ....................except as may be required for 
the due discharge of my duties as such Minister.”   
2[VII 
A 
Form of oath or affirmation to be made by a candidate for election to the 
Legislature of a State:— 
“I,  A.B.,  having  been  nominated  as  a  candidate  to fill            
a  seat  in  the  Legislative  Assembly  (or  Legislative  Council),            
do   swear  in the name  of  God    that  I   will   bear   true  faith   and   
            solemnly affirm 
allegiance  to  the Constitution of India as by law established and that I 
will uphold the sovereignty and integrity of India.” 
2. Subs. by  s. 5, ibid., for Form VII (w.e.f. 5-10-1963). 

(Third Schedule)  272
B 
Form of oath or affirmation to be made by a member of the Legislature 
of a State:— 
“I, A.B., having been elected (or nominated) a member of the Legislative 
Assembly (or Legislative Council), do swear in the name of God   that 
                                                                  solemnly affirm 
I  will  bear true  faith  and  allegiance to the Constitution of India as by 
enter.”] 
VIII 
Form of oath or affirmation to be made by the Judges of a High Court:— 
  “I, A.B., having  been  appointed Chief Justice (or a Judge) of the High 
Court at (or  of) ……….….. do swear  in  the  name  of  God  that  I will  bear 
                                                  solemnly affirm 
true  faith  and  allegiance to the Constitution of India as by law 
established, 1[that I will uphold the sovereignty and integrity of India,] that 
I will duly and faithfully and to the best of my ability, knowledge and 
judgment perform the duties of my office without fear or favour, affection 
or ill-will and that I will uphold the Constitution and the laws.”  
 
 273 
 
1[FOURTH SCHEDULE 
[Articles 4(1) and 80(2)] 
Allocation of seats in the Council of States 
To each State or Union territory specified in the first column of  the 
following table, there shall be allotted the number of seats specified in the 
second column thereof opposite to that State or that Union territory, as the case 
may be: 
TABLE 
  1. Andhra Pradesh  ................................ .............................2[11] 
3[2. Telangana  ................................ ................................ 7] 
4[3.] Assam  ................................ ................................ ...........7 
4[4.] Bihar  ................................ ................................ .............5[16] 
6[4[5.] Jharkhand  ................................ ................................ 6] 
7[8[4[6.] Goa  ................................ ................................ ............... 1]] 
9[8[4[7.] Gujarat  ................................ ................................ ..........11]] 
10[8[4[8.] Haryana ................................ ................................ .........5]] 
8[4[9.] Kerala  ................................ ................................ ...........9 
 
1. Fourth Schedule subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3(2), 
for Fourth Schedule (w.e.f. 1-11-1956). 
2.  Subs. by the Andhra Pradesh Reorganisation Act, 2014, s. 12, for “18” (w.e.f.  2-6-2014).  
3.  Ins. by s. 12, ibid. (w.e.f.  2-6-2014).  
4.  Entries 2 to 30 renumbered as entries 3 to 31 respectively by s. 12, ibid. (w.e.f.  2-6-2014).  
5.  Subs. by the Bihar Reorganisation  Act, 2000 (30 of 2000), s. 7, for "22" (w.e.f. 15-11-2000). 
6.  Ins. by s. 7, ibid. (w.e.f. 15-11-2000). 
7.  Entries 4 to 26 renumbered as entries 5 to 27 respectively and entry “4. Goa…..1” ins. 
by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6 (a) and 
(b)(w.e.f. 30-5-1987).  
8.  Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 
(30 of 2000), s. 7 (w.e.f. 15-11-2000). 
9. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry "4" (w.e.f. 
1-5-1960). 
10. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966). 

(Fourth Schedule)  
 274
1[2[10.]] Madhya Pradesh  ................................ ...........................3[11] 
4[1[2[11.] Chhattisgarh  ................................ ................................ 5]] 
5[1[2[12.] Tamil Nadu  ................................ ................................6[18]] 
7[1[2[13.] Maharashtra  ................................ ................................ 19]] 
8[1[2[14.] Karnataka   ................................ ................................ 12]] 
1[2[15.] 9[Odisha]  ................................ ................................ 10] 
1[2[16.] Punjab  ................................ ................................ ...........10[7] 
1[2[17.] Rajasthan  ................................ ................................ 10] 
1[2[18.] Uttar Pradesh  ................................ ................................11[31] 
12[1[2[19.] 13[Uttarakhand ] ................................ ............................... 3]] 
1[2[20.] West Bengal  ................................ ................................ 16] 
14[1[2[** *        *          *  ................................ ................................ *] 
15[16[1[2[21.] Nagaland  ................................ ................................ 1]] 
1. Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 
2. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh 
Reorganisation Act, 2014, s. 12 (w.e.f. 2-6-2014).  
3. Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for "16" 
(w.e.f. 1-11-2000).    
4.  Ins. by s. 7, ibid. (w.e.f. 1-11-2000). 
5. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for "8. 
Madras" (renumbered as *11) (w.e.f. 14-1-1969). 
6.  Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 
1959), s. 8, for "17" (w.e.f. 1-4-1960). 
7.  Ins. by the Bombay Reorganisation  Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960). 
8.  Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for "10. 
Mysore"  (w.e.f. 1-11-1973). 
9.  Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 7 for "Orissa"    
10. Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 for "11"            
(w.e.f. 1-11-1966).  
11. Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7 for "34" 
(w.e.f. 9-11-2000). 
12. Ins. by s. 7, ibid. (w.e.f. 9-11-2000). 
13. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 5 for 
"Uttaranchal" (w.e.f. 1-1-2007). 
14. ** Entry 21 relating to Jammu and Kashmir deleted by the Jammu and Kashmir 
Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019).  
15. Entries 22 to 31 re-numbered as entries 21 to 30, respectively by the Jammu and 
Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8 (w.e.f. 31-10-2019). 
16. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).  

 275
1[2[3[4[22.] 
.] Himachal Pradesh  ................................ .......................... 3]]] 
3[2[4[23.] Manipur  ................................................................ .........1] 
3[2[4[24.] Tripura  ................................................................ ...........1]] 
3[2[4[25.] Meghalaya  ................................ ................................ 1]] 
5[3[2[4[26.] Sikkim ................................................................ ............1]] 
6[3[2[4[27.] Mizoram  ................................ ................................ 1]] 
7[3[2[4[28.] Arunachal Pradesh  ................................ ......................... 1]] 
3[2[4[29.] Delhi  ................................................................ ..............3] 
3[2[4[30.] 8[Puducherry]  ................................ ................................ 1]] 
9[3[2[4[31. Jammu and Kashmir ................................ ....................... 4] 
                                  Total 10[233]  
 
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971). 
2. Entries 4 to 29 renumbered as entries 5 to 30 by  the Bihar Reorganisation  Act, 2000 
3. Entries 2 to 30 renumbered as entries 3 to 31 respectively by the Andhra Pradesh 
Reorganisation Act, 2014 (6 of 2014), s. 12 (w.e.f.  2-6-2014). 
4. Entries 22 to 31 renumbered as entries 21 to 30 respectively by the Jammu and 
5. Ins. by the Constitution (Thirty-sixth Amenement) Act, 1975, s. 4 (w.e.f. 26-4-1975).  
6. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987). 
7. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987). 
1987). 
8. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006) s. 4, for 
9. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 8         
(w.e.f. 31-10-2019).  
10. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for 
"232" (w.e.f. 30-5-1987).  

 276FIFTH SCHEDULE 
[Article 244(1)] 
Provisions as to the Administration and Control of Scheduled Areas and 
Scheduled Tribes 
PART A 
GENERAL 
1. Interpretation .—In this Schedule, unless the context otherwise 
requires, the expression “State” 1*** does not include the 2[States of Assam     
3[, 4[Meghalaya, Tripura and Mizoram.]]] 
2. Executive power of a State in Scheduled Areas.— Subject to the 
provisions of this Schedule, the executive power of a State extends to the 
Scheduled Areas therein.  
3. Report by the Governor 5*** to the President regarding the 
administration of Scheduled Areas.— The  Governor 5*** of each State having 
Scheduled Areas therein shall annually, or whenever so required by the President, 
make a report to the President regarding the administration of the Scheduled 
Areas in that State 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.   
PART B 
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND  
SCHEDULED TRIBES 
4. Tribes Advisory Council.—( 1) There shall be established in each 
State having Scheduled Areas therein and, if the President so directs, also in 
any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes 
Advisory Council consisting of not more than twenty members of whom, as 
nearly as may be, three-fourths shall be the representatives of the Scheduled 
Tribes in the Legislative Assembly of the State: 
1. The words and letters "means a State specified in Part A or  Part B of the First 
Schedule but" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and 
Sch. (w.e.f. 1-11-1956). 
"State of Assam" (w.e.f. 21-1-1972).   
3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3, for "and 
Meghalaya" (w.e.f. 1-4-1985).  
4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39,  for "Meghalaya and 
Tripura" (w.e.f. 20-2-1987).  
5. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 

(Fifth Schedule)  277
Provided that if the number of representatives of the Scheduled Tribes in 
the Legislative Assembly of the State is less than the number of seats in the 
Tribes Advisory Council to be filled by such representatives, the remaining 
seats shall be filled by other members of those tribes. 
(2) It shall be the duty of the Tribes Advisory Council to advise on such 
matters pertaining to the welfare and advancement of the Scheduled Tribes in 
the State as may be referred to them by the Governor 1***. 
(3) The Governor 2*** may make rules prescribing or regulating, as the 
case may be,— 
(a) the number of members of the Council, the mode of their 
appointment and the appointment of the Chairman of the Council and of 
the officers and servants thereof; 
(b) the conduct of its meetings and its procedure in general; and 
(c) all other incidental matters. 
5. Law applicable to Scheduled Areas. —(1) Notwithstanding anything 
in this Constitution, the Governor 1*** may by public notification direct that 
any particular Act of Parliament or of the Legislature of the State shall not 
apply to a Scheduled Area or  any part thereof in the State or shall apply to a 
Scheduled Area or any part thereof in the State subject to such exceptions and 
modifications as he may specify in the notification and any direction given 
under this sub-paragraph may be given so as to have retrospective effect. 
(2) The Governor may make regulations for the peace and good 
government of any area in a State which is for the time being a Scheduled Area. 
In particular and without prejudice to the generality of the foregoing 
power, such regulations may— 
(a) prohibit or restrict the transfer of land by or among members 
of the Scheduled Tribes in such area; 
(b) regulate the allotment of land to members of the Scheduled 
Tribes in such area; 
2. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956). 

(Fifth Schedule)  278
(c) regulate the carrying on of business as money-lender by 
persons who lend money to members of the Scheduled Tribes in such 
area. 
(3) In making any such regulation as is referred to in sub-paragraph (2) 
of this paragraph, the Governor 1*** may repeal or amend any Act of 
Parliament or of the Legislature of the State or any existing law which is for the 
time being applicable to the area in question. 
(4) All regulations made under this paragraph shall be submitted 
forthwith to the President and, until assented to by him, shall have no effect. 
(5) No regulation shall be made under this paragraph unless the 
Governor 1** making the regulation has, in the case where there is a Tribes 
Advisory Council for the State, consulted such Council. 
PART C 
SCHEDULED AREAS 
6. Scheduled Areas .—(1) In this Constitution, the expression 
“Scheduled Areas” means such areas as the President may by order declare to 
be Scheduled Areas. 
(2) The President may at any time by order— 
(a) direct that the whole or any specified part of a Scheduled Area 
shall cease to be a Scheduled Area or a part of such an area; 
2[(aa) increase the area of any Scheduled Area in a State after 
consultation with the Governor of that State;] 
(b) alter, but only by way of rectification of boundaries, any 
Scheduled Area; 
 See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas 
(Part B States) Order, 1950 (C.O.26), the Scheduled Areas (Himachal Pradesh) Order, 
1975 (C.O. 102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh 
and Orissa) Order, 1977 (C.O. 109). 
 See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra 
Scheduled Areas (Cessor) Order, 1955 (C.O. 50). 
2. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),  
s. 2 (w.e.f. 7-9-1976).  

(Fifth Schedule)  279
(c) on any alteration of the boundaries of a State or on the 
admission into the Union or the establishment of a new State, declare 
any territory not previously included in any State to be, or to form part 
of, a Scheduled Area; 
1[(d) rescind, in relation to any State or States, any order or orders 
made under this paragraph, and in consultation with the Governor of the 
State concerned, make fresh orders redefining the areas which are to be 
Scheduled Areas;] 
and any such order may contain such incidental and consequential provisions as 
appear to the President to be necessary and proper, but save as aforesaid, the 
order made under sub-paragraph (1) of this paragraph shall not be varied by 
any subsequent order. 
PART D 
AMENDMENT OF THE SCHEDULE 
7. Amendment of the Schedule.— (1) Parliament may from time to time 
by law amend by way of addition, variation or repeal any of the provisions of 
this Schedule and, when the Schedule is so amended, any reference to this 
Schedule in this Constitution shall be construed as a reference to such Schedule 
as so amended. 
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph 
shall be deemed to be an amendment of this Constitution for the purposes of 
article 368. 
 
1. Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976),   
s. 2 (w.e.f. 7-9-1976). 

 280SIXTH SCHEDULE 
[Articles 244(2) and 275(1)] 
Provisions as to the Administration of Tribal Areas in  1[the States of 
Assam,  Meghalaya, Tripura and Mizoram] 
21. Autonomous districts and autonomous regions. —(1) Subject to 
the provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II 
and IIA] and in Part III] of the table appended to paragraph 20 of this 
Schedule shall be an autonomous district. 
(2) If there are different Scheduled Tribes in an autonomous district, 
the Governor may, by public notification, divide the area or areas inhabited 
by them into autonomous regions. 
(3) The Governor may, by public notification,— 
(a) include any area in 3[any of the Parts] of the said table, 
(b) exclude any area from 3[any of the Parts] of the said table, 
(c) create a new autonomous district, 
(d) increase the area of any autonomous district, 
(e) diminish the area of any autonomous district, 
(f) unite two or more autonomous districts or parts thereof so 
as to form one autonomous district, 
5[(ff) alter the name of any autonomous district],  
(g) define the boundaries of any autonomous district: 
1. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words 
(w.e.f. 20-2-1987).  
2.  Paragraph 1 has been amended in its application to the State of Assam by the Sixth 
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to 
insert the following proviso after sub-paragraph (2), namely : — 
"Provided that nothing in this sub-paragraph shall apply to the Bodoland 
Territorial Areas District"  (w.e.f. 7-9-2003). 
3. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 
and Eighth Sch., for "Part A" (w.e.f. 21-1-1972).   
4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Part I and 
II" (w.e.f. 1-4-1985).   
5. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 
Fourth Sch. (w.e.f. 2-4-1970).  

(Sixth Schedule)  281
Provided that no order shall be made by the Governor under clauses ( c), 
(d), (e) and (f) of this sub-paragraph except after consideration of the report of 
a Commission appointed under sub-paragraph (1) of paragraph 14 of this 
Schedule: 
1[Provided further that any order made by the Governor under this 
sub-paragraph may contain such incidental and consequential provisions 
(including any amendment of paragraph 20 and of any item in any of the 
Parts of the said Table) as appear to the Governor to be necessary for giving 
effect to the provisions of the order.] 
22. Constitution of District Councils  and  Regional Councils. —
3[(1) There shall be a District Council for each autonomous district   
consisting of not more than thirty members, of whom not more than four 
persons shall be nominated by the Governor and the rest shall be elected on 
the basis of adult suffrage.] 
1. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and 
Eighth Sch. (w.e.f. 21-1-1972). 
2. Paragraph 2 has been amended in its application to the State of Assam by  the Sixth 
Schedule to the Constitution (Amendment) Act, 2003(44 of 2003), s. 2, so as to insert 
the following proviso after sub-paragraph (1), namely:  — 
  “Provided that the Bodoland Territorial Council shall consist of not more than 
forty-six members of whom forty shall be elected on the basis of adult suffrage, of 
whom thirty shall be reserved for the Scheduled Tribes, five for non-tribal 
communities, five open for all communities and the remaining six shall be nominated 
by the Governor having same rights and privileges as other members, including voting 
rights, from amongst the un-represented communities of the Bodoland Territorial 
Areas District, of which at least two shall be women:”  
    Paragraph 2 has been amended in its application to the State of Assam by the Sixth 
Schedule to the Constitution (Amendment) Act, 1995(42 of 1995), s.2, so as to insert the 
following proviso  in sub-paragraph (3), namely : — 
    “Provided that the District Council constituted for the North Cachar Hills 
District shall be called as the North Cachar Hills Autonomous Council and the 
District Council constituted for the Karbi Anglong District shall be called as the 
Karbi Anglong Autonomous Council.”  
    Paragraph 2 has been amended in its application to the State of Assam by  the Sixth 
the following proviso after the existing proviso in sub-paragraph (3), namely: — 
“Provided further that the District Council constituted for the Bodoland 
Territorial Areas District shall be called the Bodoland Territorial Council.”  
3. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 
Fourth Sch., for sub-paraghaph (1) (w.e.f. 2-4-1970).    

(Sixth Schedule)  282
(2) There shall be a separate Regional Council for each area 
constituted an autonomous region under sub-paragraph (2) of paragraph 1 of 
this Schedule. 
(3) Each District Council and each Regional Council shall be a body 
corporate by the name respectively of “the District Council of ( name of 
district)” and “the Regional Council of ( name of region )”, shall have 
perpetual succession and a common seal and shall by the said name sue and 
be sued. 
(4) Subject to the provisions of this Schedule, the administration of 
an autonomous district shall, in so far as it is not vested under this Schedule 
in any Regional Council within such district, be vested in the District 
Council for such district and the administration of an autonomous region 
shall be vested in the Regional Council for such region. 
(5) In an autonomous district with Regional Councils, the District 
Council shall have only such powers with respect to the areas under the 
authority of the Regional Council as may be delegated to it by the Regional 
Council in addition to the powers conferred on it by this Schedule with 
respect to such areas. 
(6) The Governor shall make rules for the first constitution of District 
Councils and Regional Councils in consultation with the existing tribal 
Councils or other representative tribal organisations within the autonomous 
districts or regions concerned, and such rules shall provide for— 
(a) the composition of the District Councils and Regional 
Councils and the allocation of seats therein; 
(b) the delimitation of territorial constituencies for the purpose 
of elections to those Councils; 
(c) the qualifications for voting at such elections and the 
preparation of electoral rolls therefor; 
(d) the qualifications for being elected at such elections as 
members of such Councils; 
(e) the term of office of members of 1[Regional Councils]; 
1. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 
Fourth Sch., for "such Councils" (w.e.f. 2-4-1970).   

(Sixth Schedule)  283
(f) any other matter relating to or connected with elections or 
nominations to such Councils; 
(g) the procedure and the conduct of business 1[(including the 
power to act notwithstanding any vacancy)] in the District and 
Regional Councils; 
(h) the appointment of officers and staff of the District and 
Regional Councils. 
1[(6A) The elected members of the District Council shall hold office 
for a term of five years from the date appointed for the first meeting of the 
Council after the general elections to the Council, unless the District 
Council is sooner dissolved under paragraph 16 and a nominated member 
shall hold office at the pleasure of the Governor: 
Provided that the said period of five years may, while a Proclamation 
of Emergency is in operation or if circumstances exist which, in the opinion 
of the Governor, render the holding of elections impracticable, be extended 
by the Governor for a period not exceeding one year at a time and in any 
case where a Proclamation of Emergency is in operation not extending 
beyond a period of six months after the Proclamation has ceased to operate: 
Provided further that a member elected to fill a casual vacancy shall 
hold office only for the remainder of the term of office of the member 
whom he replaces.] 
(7) The District or the Regional Council may after its first 
constitution make  rules 1[with the approval of the Governor] with regard to 
the matters specified in sub-paragraph (6) of this paragraph and may also 
make rules 1[with like approval] regulating— 
(a) the formation of subordinate local Councils or Boards and 
their procedure and the conduct of their business; and 
(b) generally all matters relating to the transaction of business 
pertaining to the administration of the district or region, as the case    
may be: 
1. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 
Fourth Sch. (w.e.f. 2-4-1970).   

(Sixth Schedule)  284
Provided that until rules are made by the District or the Regional 
Council under this sub-paragraph the rules made by the Governor under 
sub-paragraph (6) of this paragraph shall have effect in respect of elections 
to, the officers and staff of, and the procedure and the conduct of business 
in, each such Council. 
 1*                        *                       *                *        
23. Powers of the District Councils and Regional Councils to 
make laws.— (1) The Regional Council for an  autonomous region in 
1. Second proviso omitted by s. 74 and Fourth Sch. of the Assam Reorganisation (Meghalaya) 
Act, 1969 (55 of 1969) (w.e.f. 2-4-1970).   
2.  Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the 
Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as 
under (w.e.f. 7-9-2003), — 
“(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph 
(2) of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A 
or sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until  
assented to by him, shall have no effect.” . 
    After paragraph 3, the following paragraph has been inserted in its application to the State of 
Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2 (w.e.f. 
12-9-1995), namely: — 
   “3A. Additional powers of the North Cachar Hills Autonomous Council and the 
Karbi Anglong Autonomous Council to make laws. —(1) Without prejudice to the 
provisions of paragraph 3, the North Cachar Hills Autonomous Council and the Karbi 
Anglong Autonomous Council within their respective districts, shall have power to make 
laws with respect to— 
(a)  industries, subject to the provisions of entries 7 and 52 of List I of the Seventh 
Schedule; 
 (b)  communications, that is to say, roads, bridges, ferries and other means of 
communication not specified in List I of the Seventh Schedule; municipal tramways, 
ropeways, inland waterways and traffic thereon subject to the provisions of List I and 
List III of the Seventh Schedule with regard to such waterways; vehicles other than 
mechanically propelled vehicles; 
(c)  preservation, protection and improvement of stock and prevention of animal 
diseases; veterinary training and practice; cattle pounds; 
(d) primary and secondary education; 
(e)  agriculture, including agricultural education and research, protection against pests 
and prevention of plant diseases; 
(f)  fisheries; 

(Sixth Schedule)  285
                                                                                             
(Foot-note continue),— 
(g)  water, that is to say, water supplies, irrigation and canals, drainage and 
embankments, water storage and water power subject to the provisions of entry 56 of 
List I of the Seventh Schedule; 
(h)  social security and social insurance; employment and unemployment;  
(i)  flood control schemes for protection of villages, paddy fields, markets, towns, etc. 
(not of technical nature); 
(j)  theatre and dramatic performances, cinemas subject to the provisions of entry 60 of 
List I of the Seventh Schedule; sports, entertainments and amusements; 
(k)  public health and sanitation, hospitals and dispensaries; 
(l)  minor irrigation; 
(m)  trade and commerce in, and the production supply and distribution of, food stuffs, 
cattle fodder, raw cotton and raw jute; 
(n)  libraries, museums and other similar institutions controlled or financed by the State; 
ancient and historical monuments and records other than those declared by or under 
any law made by Parliament to be of national importance; and 
(o) alienation of land. 
(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong 
Autonomous Council under paragraph 3 or under this paragraph shall, in so far as they relate to 
matters specified in List III of the Seventh Schedule, be submitted forthwith to the Governor 
who shall reserve the same for the consideration of the President. 
(3) When a law is reserved for the consideration of the President, the President shall declare 
either that he assents to the said law or that he  withholds assent therefrom: 
Provided that the President may direct the Governor to return the law to the North Cachar 
Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case may be, 
together with a message requesting that the said Council will reconsider the law or any 
specified provisions thereof and, in particular, will, consider the desirability of introducing any 
such amendments as he may recommend in his message and, when  the law is so returned, the  
said  Council shall consider the law accordingly within a period of six months from the date of 
receipt of such message and, if the law is again passed by the said Council with  or without 
amendment it shall be presented again to the President  for  his  consideration.". 
    After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam 
by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f. 7-9-2003), 
namely:— 
“3B. Additional powers of the Bodoland Territorial Council to make laws. —(1) 
Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its 
areas shall have power to make laws with respect to :—  
(i) agriculture, including agricultural education and research, protection against 
pests and prevention of plant diseases;  (ii) animal husbandry and veterinary, that is to say, 
preservation, protection and improvement of stock and prevention of animal diseases, 
veterinary training and practice, cattle pounds; (iii) co-operation;  (iv) cultural affairs;  (v)  
education, that is to say, primary education, higher secondary including vocational training, 
adult education, college education (general); (vi) fisheries;  (vii) flood control for protection  
 
(Sixth Schedule)  286
                                                                                             
of village, paddy fields, markets and towns (not of technical nature); (viii)  Food and civil supply;  
(ix) forests (other than reserved forests);  (x) handloom and textile;  (xi) health and family welfare, 
(xii) intoxicating liquors, opium and derivatives, subject to the provisions of entry 84 of List I  of 
the Seventh Schedule; (xiii) irrigation; (xiv)  labour and employment;  (xv) land and revenue; (xvi) 
library services (financed and controlled by the State Government);  (xvii)  lotteries (subject to the 
provisions of entry 40 of List I of the Seventh Schedule), theatres, dramatic performances and 
cinemas (subject to the provisions of entry 60 of List I of the Seventh Schedule); (xviii) markets 
and fairs; (xix) municipal corporation, improvement trust, district boards and other local 
authorities; (xx) museum and archaeology institutions controlled or financed by the State, ancient 
and historical monuments and records other than those declared by or under any law made by 
Parliament to be of national importance;  (xxi)  panchayat and rural development;  (xxii) planning 
and development;  (xxiii) printing and stationery; (xxiv) public health engineering; (xxv) public 
works department;  (xxvi)  publicity and public relations; (xxvii) registration of births and deaths;  
(xxviii)  relief and rehabilitation;  (xxix) sericulture; (xxx)  small, cottage and rural industry subject 
to the provisions of entries 7 and 52 of List I of the Seventh Schedule;  (xxxi)  social Welfare;  
(xxxii)  soil conservation; (xxxiii)  sports and youth welfare;  (xxxiv)  statistics;  (xxxv) tourism; 
(xxxvi) transport (roads, bridges, ferries and other means of communications not specified in List I 
of the Seventh Schedule, municipal tramways,   ropeways, inland waterways and traffic thereon 
subject to the provision of List I and List III of the Seventh Schedule with regard to such 
waterways, vehicles other than mechanically propelled vehicles);  (xxxvii)  tribal research institute 
controlled and financed by the State  Government; (xxxviii)   urban development—town  and 
country  planning;  (xxxix) weights and measures subject to the provisions of entry 50 of List I of 
the  Seventh Schedule; and   (xl)  Welfare of plain tribes and backward classes: 
Provided that nothing in such laws shall — 
(a)  extinguish or modify the existing rights and privileges of any citizen in respect of his 
land at the date of commencement of this Act; and  
 (b) disallow and citizen from acquiring land either by way of inheritance, allotment, 
settlement or by any other way of transfer if such citizen is otherwise eligible for such acquisition 
of land within the Bodoland Territorial Areas District. 
(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to 
matters specified in List III  of the Seventh Schedule, be submitted forthwith to the Governor who 
shall reserve the same for the consideration of the President.  
(3) When a law is reserved for the consideration of the President, the President shall declare  
either that he assents to the said law or that he withholds assent therefrom: 
Provided that the President may direct the Governor to return the law to the Bodoland 
Territorial Council, together with the message requesting that the said Council will reconsider the 
law or any specified provisions thereof and, in particular, will consider the desirability of 
introducing any such amendments as he may recommend in his message and, when the law is so 
returned, the said Council shall consider the law accordingly within a period of six months from 
the date of receipt of such message and, if the law is again passed by the said Council with or 
without amendments it shall be presented again to the President for his consideration.”. 
 
(Sixth Schedule)  287
respect of all areas within such  region and the District Council for an 
autonomous district in respect of all areas within the district except those 
which are under the authority of Regional Councils, if any, within the 
district shall have power to make laws with respect to— 
(a) the allotment, occupation or use, or the setting apart, of 
land, other  than any land which is a reserved forest for the purposes 
of agriculture or grazing or for residential or other non-agricultural 
purposes or  for  any  other  purpose likely to promote the interests of 
the inhabitants of any village or town: 
Provided that nothing in such laws shall prevent the 
compulsory acquisition of any land, whether occupied or unoccupied, 
for public purposes 1[by the Government of the State concerned] in 
accordance with the law for the time being in force authorising such 
acquisition; 
(b) the management of any forest not being a reserved forest; 
(c) the use of any canal or water-course for the purpose of 
agriculture; 
(d) the regulation of the practice of jhum or other forms of 
shifting cultivation; 
(e) the establishment of village or town committees or councils 
and their powers; 
(f) any other matter relating to village or town administration, 
including village or town police and public health and sanitation; 
(g) the appointment or succession of Chiefs or Headmen; 
(h) the inheritance of property; 
 2[(i) marriage and divorce;] 
(j) social customs. 
(2) In this paragraph, a “reserved forest” means any area which is a 
reserved forest under the Assam Forest Regulation, 1891, or under any other 
law for the time being in force in the area in question. 
(3) All laws made under this paragraph shall be submitted forthwith 
to the Governor and, until assented to by him, shall have no effect. 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 
and Eighth Sch., for certain words (w.e.f. 21-1-1972).   
2. Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 
Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).     

(Sixth Schedule)  288
14. Administration of justice in autonomous districts and 
autonomous regions.— (1) The Regional Council for an autonomous region 
in respect of areas within such region and the District Council for an 
autonomous district in respect of areas within the district other than those 
which are under the authority of the Regional Councils, if any, within the 
district may constitute village councils or courts for the trial of suits and 
cases between  the parties all of whom belong to Scheduled Tribes within 
such areas, other than suits and cases  to which the provisions of             
sub-paragraph (1) of paragraph 5 of this Schedule  apply,  to the exclusion 
of any court in the State, and may appoint suitable persons to be members of 
such village councils or presiding officers of such courts, and may also 
appoint such officers as may be necessary for the administration of the laws 
made under paragraph 3 of this Schedule. 
(2) Notwithstanding anything in this Constitution, the Regional 
Council for an autonomous region or any court constituted in that behalf by 
the Regional Council or, if in respect of any area within an autonomous 
district there is no Regional Council, the District Council for such district, 
or any court constituted in that behalf by the District Council, shall exercise 
the powers of a court of appeal in respect of all suits and cases triable by a 
village council or court constituted under sub-paragraph (1) of this 
paragraph within such region or area, as the case may be, other than those to 
which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule 
apply, and no other court except the High Court and the Supreme Court 
shall have jurisdiction over such suits or cases. 
(3) The High Court 2*** shall have and exercise such jurisdiction 
over the suits and cases to which the provisions of sub-paragraph (2) of this 
paragraph apply as the Governor may from time to time by order specify. 
(4) A Regional Council or District Council, as the case may be, may 
with the previous approval of the Governor make rules regulating — 
1.  Paragraph 4 has been amended in its application to the State of Assam by the Sixth 
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, (w.e.f. 7-9-2003) 
so as to insert the following sub-paragraph after  sub-paragraph (5), namely: — 
“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council 
constituted under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” . 
2. The words "of Assam" omitted by the North-Eastern Areas (Reorganisation) Act, 1971 
(81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).    

(Sixth Schedule)  289
(a) the constitution of village councils and courts and the 
powers to be exercised by them under this paragraph; 
(b) the procedure to be followed by village councils or courts in 
the trial of suits and cases under sub-paragraph (1) of this paragraph; 
(c) the procedure to be followed by the Regional or District 
Council or any court constituted by such Council in appeals and other 
proceedings under sub-paragraph (2) of this paragraph; 
(d) the enforcement of decisions and orders of such councils 
and courts; 
(e) all other ancillary matters for the carrying out of the 
provisions of sub-paragraphs (1) and (2) of this paragraph. 
1[(5) On and from such date as the President may, 2[after consulting the 
Government of the State concerned], by notification appoint in this behalf, this 
paragraph shall have effect in relation to such autonomous district or region as 
may be specified in the notification, as if— 
(i) in sub-paragraph (1), for the words “between the parties all of 
whom belong to Scheduled Tribes within such areas, other than suits 
and cases to which the provisions of sub-paragraph (1) of paragraph 5 
of this Schedule apply,”, the words “not being suits and cases of the 
nature referred to in sub-paragraph (1) of paragraph (5) of this 
Schedule, which the Governor may specify in this behalf,” had been 
substituted; 
(ii) sub-paragraphs (2) and (3) had been omitted; 
(iii) in sub-paragraph (4)— 
(a) for the words “A Regional Council or District 
Council, as the case may be, may with the previous approval of 
the Governor make rules regulating”, the words “the Governor 
may make rules regulating” had been substituted; and 
(b) for clause ( a), the following clause had been 
substituted, namely:— 
“(a) the constitution of village councils and courts, 
the powers to be exercised by them under this paragraph 
Fourth Sch. (w.e.f. 2-4-1970).     
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 
and Eighth Sch., for certain words (w.e.f. 21-1-1972).     

(Sixth Schedule)  290
and the courts to which appeals from the decisions of 
village councils and courts shall lie;”; 
(c) for clause ( c), the following clause had been 
“(c) the transfer of appeals and other proceedings 
pending before the Regional or District Council or any 
court constituted by such Council immediately before the 
date appointed by the President under sub-paragraph 
(5);”; and 
(d) in clause ( e), for the words, brackets and figures   
“sub-paragraphs (1) and (2)”, the word, brackets and figure 
“sub-paragraph (1)” had been substituted.] 
5. Conferment of powers under the Code of Civil Procedure, 
1908, and the Code of Criminal Procedure, 18981, on the Regional and 
District Councils and on certain courts and officers for the trial of 
certain suits, cases and offences.— (1) The Governor may, for the trial of 
suits or cases arising out of any law in force in any autonomous district or 
region being a law specified in that behalf by the Governor, or for the trial 
of offences punishable with death, transportation for life, or imprisonment 
for a term of not less than five years under the Indian Penal Code or under 
any other law for the time being applicable to such district or region, confer 
on the District Council or the Regional Council having authority over such 
district or region or on courts constituted by such District Council or on any 
officer appointed in that behalf by the Governor, such powers under the 
Code of Civil Procedure, 1908, or, as the case may be, the Code of Criminal 
Procedure, 18981, as he deems appropriate, and thereupon the said Council, 
court or officer shall try the suits, cases or offences in exercise of the 
powers so conferred. 
(2) The Governor may withdraw or modify any of the powers 
conferred on a District Council, Regional Council, court or officer under 
sub-paragraph (1) of this paragraph. 
(3) Save as expressly provided in this paragraph, the Code of Civil 
Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not 
apply to the trial of any suits, cases or offences in an autonomous district or 
in any autonomous region to which the provisions of this paragraph apply. 
1. See the Code of Criminal Procedure, 1973 ( 2 of 1974). 

(Sixth Schedule)  291
1[(4) On and from the date appointed by the President under sub-
paragraph (5) of paragraph 4 in relation to any autonomous district or 
autonomous region, nothing contained in this paragraph shall, in its 
application to that district or region, be deemed to authorise the Governor to 
confer on the District Council or Regional  Council or on courts constituted 
by the District Council any of the powers referred to in sub-paragraph (1) of 
this paragraph.] 
2[6. Powers of the District Council to establish primary schools, 
etc.— (1) The District Council for an autonomous district may establish, 
construct, or manage primary schools, dispensaries, markets, 3[cattle 
pounds], ferries, fisheries, roads, road transport and waterways in the district 
and may, with the previous approval of the Governor, make regulations for 
the regulation and control thereof and, in particular, may prescribe the 
language and the manner in which primary education shall be imparted in 
the primary schools in the district. 
(2) The Governor may, with the consent of any District Council, 
entrust either conditionally or unconditionally to that Council or to its 
officers functions in relation to agriculture, animal husbandry, community 
projects, co-operative societies, social welfare, village planning or any other 
matter to which the executive power of the State 4***  extends. 
7. District and Regional Funds .—(1) There shall be constituted for 
each autonomous district, a District Fund and for each autonomous region, a 
Regional Fund to which shall be credited all moneys received respectively 
by the District Council for that district and the Regional Council for that 
region in the course of the administration of such district or region, as the 
case may be, in accordance with the provisions of this Constitution. 
Fourth Sch. (w.e.f. 2-4-1970).      
2. Subs. by s. 74 and Fourth Sch., ibid. for "paragraph 6" (w.e.f. 2-4-1970).      
3. Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for "cattle 
ponds" (w.e.f. 20-12-1974).  
4. The words "of Assam or Meghalaya, as the case may be," omitted by the North-
Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. 
(w.e.f. 21-1-1972).     

(Sixth Schedule)  292
1[(2) The Governor may make rules for the management of the 
District Fund, or, as the case may be, the Regional Fund and for the 
procedure to be followed in respect of payment of money into the said Fund, 
the withdrawal of moneys therefrom, the custody of moneys therein and any 
other matter connected with or ancillary to the matters  aforesaid. 
(3) The accounts of the District Council or, as the case may be, the 
Regional Council shall be kept in such form as the Comptroller and 
Auditor-General of India may, with the approval of the President, prescribe. 
(4) The Comptroller and Auditor-General shall cause the accounts of 
the District and Regional Councils to be audited in such manner as he may 
think fit, and the reports of the Comptroller and Auditor-General relating to 
such accounts shall be submitted to the Governor who shall cause them to 
be laid before the Council.] 
8. Powers to assess and collect land revenue and to impose 
taxes.—(1) The Regional Council for an autonomous region in respect of all 
lands within such region and the District Council for an autonomous district 
in respect of all lands within the district except those which are in the areas 
under the authority of Regional Councils, if any, within the district, shall 
have the power to assess and collect revenue in respect of such lands in 
accordance with the principles for the time being followed 2[by the 
Government of the State in assessing lands for the purpose of land revenue 
in the State generally.]  
(2) The Regional Council for an autonomous region in respect of areas 
within such region and the District Council for an autonomous district in 
respect of all areas in the district except those which are under the authority of 
Regional Councils, if any, within the district, shall have power to levy and 
collect taxes on lands and buildings, and tolls on persons resident within such 
areas. 
(3) The District Council for an autonomous district shall have the power to 
levy  and  collect  all or any of the following taxes within such district, that is to  
say — 
(a) taxes on professions, trades, callings and employments; 
(b) taxes on animals, vehicles and boats; 
Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).      
and Eighth Sch., for certain words (w.e.f. 21-1-1972).      

(Sixth Schedule)  293
(c) taxes on the entry of goods into a market for sale therein, 
and tolls on passengers and goods carried in ferries; 1*** 
(d) taxes for the maintenance of schools, dispensaries or roads; 
2[and] 
3[(e)  taxes on entertainment and amusements.] 
make regulations to provide for the levy and collection of any of the taxes 
specified in sub-paragraphs (2) and (3) of this paragraph 4[and every such 
regulation shall be submitted forthwith to the Governor and, until assented 
to by him, shall have no effect]. 
59. Licences or leases for the purpose of prospecting for, or 
extraction of, minerals .—(1) Such share of the royalties accruing each year 
from licences or leases for the purpose of prospecting for, or the extraction of, 
minerals granted by 6[the Government of the State] in respect of any area 
within an autonomous district as may be agreed upon between 6[the 
Government of the State] and the District Council of such district shall be 
made over to that District Council. 
(2) If any dispute arises as to the share of such royalties to be made 
over to a District Council, it shall be referred to the Governor for 
determination and the amount determined by the Governor in his discretion 
shall be deemed to be the amount payable under sub-paragraph (1) of this 
paragraph to the District Council and the decision of the Governor shall be 
final. 
1. The word "and" omitted by the Constitution (One Hundred and First Amendment) 
Act, 2016, s. 16( i)  (w.e.f. 16-9-2016).   
2. Ins. by s. 16(ii), ibid. (w.e.f. 16-9-2016).   
3. Ins. by s. 16(iii),  ibid. (w.e.f. 16-9-2016).   
4  Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 
5.  Paragraph 9 has been amended in its application to the States of Tripura and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 
1988), s. 2 (w.e.f. 16-12-1988), so as to insert the following sub-paragraph after 
sub-paragraph (2), namely: — 
     “(3) The Governor may, by order, direct that the share of royalties to be made 
over to a District Council under this paragraph shall be made over to that Council 
within a period of one year from the date of any agreement under sub-paragraph (1) 
or, as the case may be, of  any determination under sub-paragraph (2).”. 
6. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) 
and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972).       

(Sixth Schedule)  294
110. Power of District Council to make regulations for the control 
of money-lending  and  trading  by non-tribals. —(1)  The  District  
Council   of  an   autonomous  district  may   make regulations  for  the 
regulation and control of money-lending or trading within the district by 
persons other than Scheduled Tribes resident in the district. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such regulations may—  
(a) prescribe that no one except the holder of a licence issued 
in that behalf shall   carry on the business of money-lending; 
(b) prescribe the maximum rate of interest which may be 
charged or be recovered by a money-lender; 
(c) provide for the maintenance of accounts by money-lenders 
and for the inspection of such accounts by officers appointed in that 
behalf by the District Council; 
(d) prescribe that no person who is not a member of the 
Scheduled Tribes resident in the district shall carry on wholesale or 
retail business in any commodity except under a licence issued in that 
behalf by the District Council : 
1. Paragraph 10 has been amended in its application to the States of Tripura and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of  
1988) (w.e.f. 16-12-1988) s.2, as under — 
(a) in the heading, the words “by non-tribals” shall be omitted; 
(b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be 
omitted; 
(c) in sub-paragraph (2), for clause (d), the following clause shall be 
"(d)  prescribe that no person resident in the district shall carry on any 
trade, whether wholesale or retail, except under a licence issued in that behalf 
by the District Council:”. 
1.  Paragraph 10 has been amended in its application to the State of Assam by the Sixth Schedule 
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f . 7-9-2003), so as to insert 
the following sub-paragraph after sub-paragraph (3), namely:—  
     "(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted 
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.".  

(Sixth Schedule)  295
Provided that no regulations may be made under this paragraph 
unless they are passed by a majority of not less than three-fourths of the 
total membership of the District Council: 
Provided further that it shall not be competent under any such 
regulations to refuse the grant of a licence to a money-lender or a trader who 
has been carrying on business within the district since before the time of the 
making of such regulations. 
(3) All regulations made under this paragraph shall be submitted 
forthwith to the Governor and, until assented to by him, shall have no  
effect. 
11. Publication of laws, rules and regulations made under the 
Schedule.—All laws, rules and regulations made under this Schedule by a 
District Council or a Regional Council shall be published forthwith in the 
Official Gazette of the State and shall on such publication have the force of 
law. 
112. 2[Application of Acts of Parliament and of the 
Legislature of the State of Assam to autonomous districts and 
autonomous regions in the State of Assam]. — (1) Notwithstanding 
anything in this Constitution, — 
1.  Paragraph 12 has been amended to its application to the State of Assam by the Sixth Schedule 
to the Constitution (Amendment) Act, 1995 (42 of 1995), s.  2 (w.e.f. 12-9-1995) as under,- 
      ‘in paragraph 12, in sub-paragraph (1), for the words and figure “matters specified in 
paragraph 3 of this Schedule”, the words, figures and letter “matters specified in paragraph 3 
or paragraph 3A of this Schedule” shall be substituted.’. 
 
     Paragraph 12 has been amended in its application to the State of Assam by the Sixth Schedule 
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 (w.e.f . 7-9-2003), as under, — 
       ‘in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter “matters 
specified in paragraph 3 or paragraph 3A of this Schedule”, the words, figures and letters 
“matters specified in paragraph 3 or paragraph 3A or paragraph 3B of this Schedule” shall be 
substituted.’.   
2.  Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth 
Sch., for the heading (w.e.f. 21-1-1972).  

(Sixth Schedule)  296
 (a) no Act of the 1[Legislature of the State of Assam] in respect 
of any of the matters specified in paragraph 3 of this Schedule as 
matters with respect to which a District Council or a Regional Council 
may make laws, and no Act of the 1[Legislature of the State of Assam] 
prohibiting or restricting the consumption of any non-distilled alcoholic 
liquor shall apply to any autonomous district or autonomous region 2[in 
that State] unless in either case the District Council for such district or 
having jurisdiction over such region by public notification so directs, 
and the District Council in giving such direction with respect to any 
Act may direct that the Act shall in its application to such district or 
region or any part thereof have effect subject to such exceptions or 
modifications as it thinks fit; 
(b) the Governor may, by public notification, direct that any 
Act of Parliament or of the 1[Legislature of the State of Assam] to 
which the provisions of clause ( a) of this sub-paragraph do not apply 
shall not apply to an autonomous district or an autonomous region 
2[in that State], or shall apply to such district or region or any part 
thereof subject to such exceptions or modifications as he may specify 
in the notification. 
(2) Any direction given under sub-paragraph (1) of this paragraph 
may be given so as to have retrospective effect . 
3[12A. Application of Acts of Parliament and of the Legislature of 
the State of Meghalaya to autonomous districts and autonomous 
regions in the State of Meghalaya .—Notwithstanding anything in this 
Constitution,— 
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth 
Sch., for "Legislature of the State" (w.e.f. 21-1-1972).  
2. Ins. by   s. 71(i) and Eighth Sch.,  ibid. (w.e.f. 21-1-1972).  
3. Subs. by  s. 71(i) and Eighth Sch., ibid., for paragraph 12A (w.e.f. 21-1-1972).  

(Sixth Schedule)  297
(a) if any provision of a law made by a District or Regional 
Council in the State of Meghalaya with respect to any matter 
specified in sub-paragraph (1) of paragraph 3 of this Schedule or if 
any provision of any regulation made by a District Council or a 
Regional Council in that State under paragraph 8 or paragraph 10 of 
this Schedule, is repugnant to any provision of a law made by the 
Legislature of the State of Meghalaya with respect to that matter, 
then, the law or regulation made by the District Council or, as the 
case may be,  the Regional Council whether made before or after the 
law made by the Legislature of the State of Meghalaya, shall, to the 
extent of repugnancy, be void and the law made by the Legislature of 
the State of Meghalaya shall prevail; 
(b) the President may, with respect to any Act of Parliament, 
by notification, direct that it shall not apply to an autonomous district 
or an autonomous region in the State of Meghalaya, or shall apply to 
such district or region or any part thereof subject to such exceptions 
or modifications as he may specify in the notification and any such 
direction may be given so as to have retrospective effect.] 
1[12AA. Application of Acts of Parliament and of the Legislature 
of the State of Tripura to  the autonomous districts and autonomous 
regions in the State of Tripura. —Notwithstanding anything in this 
(a) no Act of the Legislature of the State of Tripura in respect of 
any of the matters specified in paragraph 3 of this Schedule as matters 
with respect to which a District Council or a Regional Council may 
make laws, and no Act of the Legislature of the State of Tripura 
liquor shall apply to the autonomous district or an autonomous region 
in that State unless, in either case, the District Council for that district 
or having jurisdiction over such region by public notification so directs, 
and the District Council in giving such direction with respect to any Act 
may direct that the Act shall, in its application to that district or such 
1. Paragraph 12AA ins. by  the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 
(w.e.f. 1-4-1985) and subsequently subs. by the Sixth Schedule to the Constitution 
(Amendment) Act, 1988 (67 of 1988),    s. 2 (w.e.f. 16-12-1988). 

(Sixth Schedule)  298
(b) the Governor may, by public notification, direct that any Act of 
the Legislature of the State of Tripura to which the provisions of clause 
(a) of this sub-paragraph do not apply, shall not apply to the autonomous 
district or an autonomous region in that State, or shall apply to that 
district or such region, or any part thereof, subject to such exceptions or 
modifications, as he may specify in the notification; 
(c) the President may, with respect to any Act of Parliament, by 
notification, direct that it shall not apply to the autonomous district or an 
autonomous region in the State of Tripura, or shall apply to such district 
or region or any part thereof, subject to such exceptions or modifications 
as he may specify in the notification and any such direction may be given 
so as to have retrospective effect.] 
1[12B. Application of Acts of Parliament and of the Legislature of 
the State of Mizoram to autonomous districts and autonomous regions 
in the State of Mizoram.— Notwithstanding anything in this 
Constitution, — 
(a) no Act of the Legislature of the State of Mizoram in respect 
matters with respect to which a District Council or a Regional 
Council may make laws, and no Act of the Legislature of the State of 
Mizoram prohibiting or restricting the consumption of any            
non-distilled alcoholic liquor shall apply to any autonomous district 
or autonomous region in that State unless, in either case, the District 
Council for such district or having jurisdiction over such region, by 
public notification, so directs, and the District Council, in giving such 
direction with respect to any Act, may direct that the Act shall, in its 
application to such district or region or any part thereof, have effect 
subject to such exceptions or modifications as it thinks fit; 
the Legislature of the State of Mizoram to which the provisions of clause 
(a) of this sub-paragraph do not apply, shall not apply to an autonomous 
district or an autonomous region in that State, or shall apply to such 
district or region, or any part thereof, subject to such exceptions or 
1. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988),    s. 2, 
for paragraph 12AA (w.e.f. 16-12-1988). 

(Sixth Schedule)  299
(c) the President may, with respect to any Act of Parliament, 
or an autonomous region in the State of Mizoram, or shall apply to 
such district or region or any part thereof, subject to such exceptions 
direction may be given so as to have retrospective effect .] 
13. Estimated receipts and expenditure pertaining to autonomous 
districts to be shown separately in the annual financial statement. —The 
estimated receipts and expenditure pertaining to an autonomous district 
which are to be credited to, or is to be made from, the Consolidated Fund of 
the State 1*** shall be first placed before the District Council for discussion 
and then after such discussion be shown separately in the annual financial 
statement of the State to be laid before the Legislature of the State under 
article 202. 
214. Appointment of Commission to inquire into and report on 
the administration of autonomous districts and autonomous regions.—
(1) The Governor may at any time appoint a Commission to examine and 
report on any matter specified by him relating to the administration of the 
autonomous districts and autonomous regions in the State, including matters 
specified in clauses ( c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 
of this Schedule, or may appoint a Commission to inquire into and report 
from time to time on the administration of autonomous districts and 
autonomous regions in the State generally and in particular on— 
(a) the provision of educational and medical facilities and 
communications in such districts and regions; 
(b) the need for any new or special legislation in respect of 
such districts and regions; and 
(c) the administration of the laws, rules and regulations made 
by the District and Regional Councils; 
and define the procedure to be followed by such Commission. 
 
1. The words "of Assam" omitted by the North-Eastern Areas (Reorganisation)     
Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).     
2.  Paragraph 14 has been amended in its application to the State of Assam by the 
Sixth Schedule to the Constitution  (Amendment) Act, 1995 (42 of 1995), s. 2 
(w.e.f.12.9.1995) as under: — 
     ‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations 
of the Governor with respect thereto” shall be omitted.’.   

(Sixth Schedule)  300
(2) The report of every such Commission with the recommendations 
of the Governor with respect thereto shall be laid before the Legislature of 
the State by the Minister concerned together with an explanatory 
memorandum regarding the action proposed to be taken thereon by 1[the 
Government of the State.] 
(3) In allocating the business of the Government of the State among 
his Ministers the Governor may place one of his Ministers specially in 
charge of the welfare of the autonomous districts and autonomous regions in 
the State. 
215. Annulment or suspension of acts and resolutions of District 
and Regional Councils. —(1) If at any time the Governor is satisfied that an 
act or resolution of a District or a Regional Council is likely to endanger the 
safety of India 3[or is likely to be prejudicial to public order], he may annul 
or suspend such act or resolution and take such steps as he may consider 
necessary (including the suspension of the Council and the assumption to 
himself of all or any of the powers vested in or exercisable by the Council) 
to prevent the commission or continuance of such act, or the giving of effect 
to such resolution. 
(2) Any order made by the Governor under sub-paragraph (1) of this 
paragraph together with the reasons therefor shall be laid before the 
Legislature of the State as soon as possible and the order shall, unless 
revoked by the Legislature of the State, continue in force for a period of 
twelve months from the date on which it was so made:  
Provided that if and so often as a resolution approving the 
continuance in force of such order is passed by the Legislature of the State, 
the order shall unless cancelled by the Governor continue in force for a 
further period of twelve months from the date on which under this 
paragraph it would otherwise have ceased to operate. 
and Eighth Sch., for "the Government of Assam" (w.e.f. 21-1-1972). 
2.  Paragraph 15 has been amended in its application to the States of Tripura and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 
of 1988), s. 2 (w.e.f. 16-12-1988), as under, — 
‘In paragraph 15, in sub-paragraph (2),-  
(a) in the opening paragraph, for the words “by the Legislature of the 
State”, the words “by him” shall be substituted; 
         (b) the proviso shall be omitted.’. 
3. Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and 

(Sixth Schedule)  301
116. Dissolution of a District or a Regional Council. — 2[(1)] The 
Governor may on the recommendation of a Commission appointed under 
paragraph 14 of this Schedule by public notification order the dissolution of 
a District or a Regional Council, and— 
(a) direct that a fresh general election shall be held 
immediately for the reconstitution of the Council, or 
(b) subject to the previous approval of the Legislature of the 
State assume the administration of the area under the authority of 
such Council himself or place the administration of such area under 
the Commission appointed under the said paragraph or any other 
body considered suitable by him for a period not exceeding twelve 
months: 
Provided that when an order under clause ( a) of this paragraph has 
been made, the Governor may take the action referred to in clause ( b) of this 
paragraph with regard to the administration of the area in question pending 
the reconstitution of the Council on fresh general election: 
Provided further that no action shall be taken under clause ( b) of this 
paragraph without giving the District or the Regional Council, as the case 
may be, an opportunity of placing its views before the Legislature of the 
State. 
1. Paragraph 16 has been amended in its application to the States of Tripura and 
Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988      
(67 of 1988)  s. 2 (w.e.f. 16-12-1988),  as under:— 
         ‘(a) in sub-paragraph (1), the words “subject to the previous approval of the 
Legislature of the State” occurring in clause ( b), and the second proviso shall be 
omitted; 
          (b) for sub-paragraph (3), the following sub-paragraph shall be substituted, 
namely:— 
“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of 
this paragraph, along with the reasons therefor shall be laid before the 
Legislature of the State.”.’. 
2. Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam 
Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch.     
(w.e.f. 2-4-1970).      

(Sixth Schedule)  302
1[(2) If at any time the Governor is satisfied that a situation has arisen in 
which the administration of an autonomous district or region cannot be carried 
on in accordance with the provisions of this Schedule, he may, by public 
notification, assume to himself all or any of the functions or powers vested in or 
exercisable by the District Council or, as the case may be, the Regional Council 
and declare that such functions or powers shall be exercisable by such person or 
authority as he may specify in this behalf, for a period not exceeding six months: 
Provided that the Governor may by a further order or orders extend the  
operation of the initial order by a period not exceeding six months on each 
occasion. 
(3) Every order made under sub-paragraph (2) of this paragraph with 
the reasons therefor shall be laid before the Legislature of the State and shall 
cease to operate at the expiration of thirty days from the date on which the 
State Legislature first sits after the issue of the order, unless, before the 
expiry of that period it has been approved by that State Legislature.] 
217. Exclusion of areas from autonomous districts in forming 
constituencies in such districts. —For the purposes of elections to 3[the 
Legislative Assembly of Assam or Meghalaya] 4[or Tripura] 5[or Mizoram], 
the Governor may by order declare that any area within an autonomous 
district 6[in the State of Assam or Meghalaya 4[or Tripura] 5[or Mizoram], 
as the case may be,] shall not form part of any constituency to fill a seat or 
seats in the Assembly reserved for any such district but shall form part of a 
constituency to fill a seat or seats in the Assembly not so reserved to be 
specified in the order. 
7[18.*               *   *        *                  *] 
1. Added by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 
and Fourth Sch. (w.e.f. 2-4-1970).       
2. Paragraph 17 has been amended in its application to the State of Assam by the 
Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2 
(w.e.f. 7-9-2003), so as to insert the following proviso, namely: —  
“Provided that nothing in this paragraph shall apply to the Bodoland Territorial 
Areas District.”.  
3.  Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71( i) 
and Eighth Sch., for "the Legislative Assembly of Assam" (w.e.f. 21-1-1972). 
4. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 
5. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).  
6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71( i) 
7. Paragraph 18 omitted by s. 71( i) and Eighth Sch., ibid. (w.e.f. 21-1-1972). 

(Sixth Schedule)  303
119. Transitional provisions. —(1) As soon as possible after the 
commencement of this Constitution the Governor shall take steps for the 
constitution of a District Council for each autonomous district in the State 
under this Schedule and, until a District Council is so constituted for an 
autonomous district, the administration of such district shall be vested in the 
Governor and the following provisions shall apply to the administration of 
the areas within such district instead of the foregoing provisions of this 
Schedule, namely:— 
(a) no Act of Parliament or of the Legislature of the State shall 
apply to any such area unless the Governor by public notification so 
directs; and the Governor in giving such a direction with respect to 
any Act may direct that the Act shall, in its application to the area or 
to any specified part thereof, have effect subject to such exceptions or 
modifications as he thinks fit; 
(b) the Governor may make regulations for the peace and good 
government of any such area and any regulations so made may repeal 
or amend any Act of Parliament or of the Legislature of the State or 
any existing law which is for the time being applicable to such area. 
(2) Any direction given by the Governor under clause ( a) of          
sub-paragraph (1) of this paragraph may be given so as to have retrospective 
effect. 
1.  Paragraph 19 has been amended in its application to the State of Assam by the 
(w.e.f. 7-9-2003),   so as to insert the following sub-paragraph after  sub-paragraph 
(3), namely : — 
‘(4) As soon as possible after the commencement of this Act an Interim 
Executive Council for Bodoland Territorial Areas District in Assam shall be 
formed by the Governor from amongst leaders of the Bodo movement, including 
the signatories to the Memorandum of Settlement, and shall provide adequate 
representation to the non-tribal communities in that area: 
Provided that Interim Council shall be for a period of six months during 
which endeavour to hold the election to the Council shall be made. 
Explanation. —For the purposes of this sub-paragraph, the expression 
“Memorandum of Settlement” means the Memorandum signed on the 10th day of 
February, 2003 between Government of India, Government of Assam and Bodo 
Liberation Tigers.’. 

(Sixth Schedule)  304
(3) All regulations made under clause ( b) of sub-paragraph (1) of this 
paragraph  shall be submitted forthwith to the President and, until assented 
to by him, shall have no effect. 
1[20. Tribal areas. —(1) The areas specified in Parts I, II 2[, IIA] and 
III of the table below shall respectively be the tribal areas within the State of 
Assam, the State of Meghalaya 2[, the State of Tripura] and the 3[State] of 
Mizoram. 
(2) 4[Any reference in Part I, Part II or Part III of the table below] to 
any district shall be construed as a reference to the territories comprised 
within the autonomous district of that name existing immediately before the 
day appointed under clause ( b) of section 2 of the North-Eastern Areas 
(Reorganisation)  Act, 1971: 
Provided that for the purposes of clauses ( e) and (f) of sub-paragraph 
(1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph 
(2), clauses ( a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of 
paragraph 8 and clause ( d) of sub-paragraph (2) of paragraph 10 of this 
Schedule, no part of the area comprised within the municipality of Shillong 
shall be deemed to be within the 5[Khasi Hills District].  
 2[(3) The reference in Part IIA in the table below to the "Tripura 
Tribal Areas District" shall be construed as a reference to the territory 
comprising the tribal areas specified in the First Schedule to the Tripura 
Tribal Areas Autonomous District Council Act, 1979.] 
TABLE 
1. Paragraph 20 subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 
1971), s. 71( i) and Eighth Sch., for paragraph 20 (w.e.f. 21-1-1972). 
2. Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985). 
3. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Union territory" 
(w.e.f. 20-2-1987). 
4. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for "Any 
reference in the table below" (w.e.f. 1-4-1985). 
5. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the 
14th June, 1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.  

(Sixth Schedule)  305
PART  I 
1. The North Cachar Hills District. 
2.  1[The Karbi Anglong District.] 2[3.  The Bodoland Territorial Areas District.] 
PART II 3[1.  Khasi Hills District. 
2.  Jaintia Hills District.] 
3.  The Garo Hills District. 4[PART IIA] 
    Tripura Tribal Areas District] 
Part III 5*   *          * 6[1. The Chakma District. 7[2. The Mara District. 
3.  The Lai District.]] 8[20A. Dissolution of the Mizo District Council. —(1) 
Notwithstanding anything in this Schedule, the District Council of the Mizo 
District existing immediately before the prescribed date (hereinafter referred 
to as the Mizo District Council) shall stand dissolved and cease to exist. 
 
1. Subs. by the Government of Assam Notification No. TAD/R/115/74/47, dated    
14-10-1976 for "The Mikir Hills District".  
2. Ins. by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 
2003), s. 2 (w.e.f. 7-9-2003). 
3. Subs. by the Government of Meghalaya Notification No. DCA 31/72/11, dated the 
5. The words "The Mizo District." omitted by the Government of Union Territories 
(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 16-2-1972).   
6. Ins. by the Mizoram District Councils (Miscellaneous Provisions) Order, 1972,  
published in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Pt. II, 
p.17 (w.e.f. 29-4-1972). 
7. Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988              
(67 of 1988), s. 2, for serial numbers 2 and 3 and the entries relating thereto   
(w.e.f. 16-12-1988). 
8. Paragraph 20A subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 
1971), s.14, for paragraph 20 and further subs. by the Government of Union 
Territories (Amendment) Act, 1971 (83 of 1971), s. 13, for paragraph 20A (w.e.f. 16-
2-1972).  

(Sixth Schedule)  306
(2) The Administrator of the Union territory of Mizoram may, 
by one or more orders, provide for all or any of the following 
matters, namely:— 
(a) the transfer, in whole or in part, of the assets, rights 
and liabilities of the Mizo District Council (including the 
rights and liabilities under any contract made by it) to the 
Union or to any other authority; 
(b) the substitution of the Union or any other authority 
for the Mizo District Council, or the addition of the Union or 
any other authority, as a party to any legal proceedings to 
which the Mizo District Council is a party; 
(c) the transfer or re-employment of any employees of 
the Mizo District Council to or by the Union or any other 
authority, the terms and conditions of service applicable to 
such employees after such transfer or re-employment; 
(d) the continuance of any laws, made by the Mizo 
District Council and in force immediately before its 
dissolution, subject to such adaptations and modifications, 
whether by way of repeal or amendment, as the Administrator 
may make in this behalf, until such laws are altered, repealed 
or amended by a competent Legislature or other competent 
authority; 
(e) such incidental, consequential and supplementary 
matters as the Administrator considers necessary. 
Explanation. —In this paragraph and in paragraph 20B of this 
Schedule, the expression "prescribed date" means the date on which 
the Legislative Assembly of the Union territory of Mizoram is duly 
constituted under and in accordance with the provisions of the 
Government of Union Territories Act, 1963.] 

(Sixth Schedule)  307
1[*20B. Autonomous regions in the Union territory of Mizoram to 
be autonomous districts and transitory provisions consequent 
thereto.—(1) Notwithstanding anything in this Schedule,— 
(a) every autonomous region existing immediately before the 
prescribed date in the Union territory of Mizoram shall, on and from 
that date, be an autonomous district in that Union territory (hereafter 
referred to as the corresponding new district) and the Administrator 
thereof may, by one or more orders, direct that such consequential 
1.Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971), 
s. 13, for paragraph 20A (w.e.f. 16-2-1972).  
*  After paragraph 20B, the following paragraph has been inserted in its application to 
the State of Assam by the Sixth Schedule to the Constitution of India (Amendment) 
Act,1995 (42 of 1995), s.2 (w.e.f. 12-2-1995), namely:- 
     “20BA.  Exercise of discretionary powers by the Governor in the discharge of 
his functions .—The Governor in the discharge of his functions under sub-paragraphs 
(2) and (3) of paragraph 1, sub-paragraphs (1), (6), sub-paragraph (6A) excluding the 
first proviso and sub-paragraph (7) of paragraph 2, sub-paragraph (3) of paragraph 3, 
sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-
paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph (3) of 
paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, 
sub-paragraph (1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of 
this Schedule, shall, after consulting the Council of Ministers and the North Cachar 
Hills Autonomous Council or the Karbi Anglong Autonomous Council, as the case 
may be, take such action as he considers necessary in his  discretion.”. 
the State of Tripura and Mizoram, by the Sixth Schedule to the Constitution 
(Amendment) Act, 1988 (67 of 1988), s.2 (16-12-1988), namely:- 
“20BB. Exercise of discretionary powers by the Governor in the discharge 
of his functions. —The Governor, in the discharge of his functions under sub-
paragraphs (2) and (3) of paragraph 1, sub-paragraphs (1) and (7) of paragraph 2, sub-
paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-
paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (3) of  
paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15 
and sub-paragraphs (1)  and (2) of paragraph 16 of this Schedule, shall, after 
consulting the Council of Ministers, and if he thinks it necessary, the District Council 
or the Regional Council concerned, take such action as he considers necessary in his 
discretion.”. 
 
(Sixth Schedule)  308
amendments as are necessary to give effect to the provisions of this 
clause shall be made in paragraph 20 of this Schedule (including Part III 
of the table appended to that paragraph) and thereupon the said paragraph 
and the said Part III shall be deemed to have been amended accordingly; 
(b) every Regional Council of an autonomous region in the Union 
territory of Mizoram existing immediately before the prescribed date 
(hereafter referred to as the existing Regional Council) shall, on and from 
that date and until a District Council is duly constituted for the 
corresponding new district, be deemed to be the District Council of that 
district (hereafter referred to as the corresponding new District Council). 
(2) Every member whether elected or nominated of an existing Regional 
Council shall be deemed to have been elected or, as the case may be, nominated to 
the corresponding new District Council and shall hold office until a District Council 
is duly constituted for the corresponding new district under this Schedule. 
(3) Until rules are made under sub-paragraph (7) of paragraph 2 and sub-
paragraph (4) of paragraph 4 of this Schedule by the corresponding new District 
Council, the rules made under the said provisions by the existing Regional 
Council and in force immediately before the prescribed date shall have effect in 
relation to the corresponding new District Council subject to such adaptations 
and modifications as may be made therein by the Administrator of the Union 
territory of Mizoram. 
(4) The Administrator of the Union territory of  Mizoram  may, by one or 
more orders, provide for all or any of the following matters, namely:— 
(a) the transfer in whole or in part of the assets, rights and liabilities of 
the existing Regional Council (including the rights and liabilities under any 
contract made by it) to the corresponding new District Council; 
(b) the substitution of the corresponding new District Council for 
the existing Regional Council as a party to the legal proceedings to which 
the existing Regional Council is a party; 
(c) the transfer or re-employment of any employees of the existing 
Regional Council to or by the corresponding new District Council, the 
terms and conditions of service applicable to such employees after such 
transfer or re-employment; 
(d) the continuance of any laws made by the existing Regional 
Council and in force immediately before the prescribed date, subject to 
such adaptations and modifications, whether by way of repeal or 
amendment, as the Administrator may make in this behalf until such laws 

(Sixth Schedule)  309
are altered, repealed or amended by a competent Legislature or other 
competent authority; 
(e) such incidental, consequential and supplementary matters as 
the Administrator considers necessary. 
1[20C. Interpretation .—Subject to any provision made in this behalf, the 
provisions of this Schedule shall, in their application to the Union territory of 
Mizoram, have effect— 
(1) as if references to the Governor and Government of the State 
were references to the Administrator of the Union territory appointed 
under article 239, references to State (except in the expression 
"Government of the State") were references to the Union territory of 
Mizoram and references to the State Legislature were references to the 
Legislative Assembly of the Union territory of Mizoram; 
(2) as if— 
(a) in sub-paragraph (5) of paragraph 4, the provision for 
consultation with the Government of the State concerned had been 
omitted; 
(b) in sub-paragraph (2) of paragraph 6, for the words "to 
which the executive power of the State extends", the words "with 
respect to which the Legislative Assembly of the Union territory 
of Mizoram has power to make laws" had been substituted; 
(c) in paragraph 13, the words and figures "under article 
202" had been omitted.] 
21. Amendment of the Schedule .—(1) Parliament may from time to 
time by law amend by way of addition, variation or repeal any of the provisions 
of this Schedule and, when the Schedule is so amended, any reference to this 
1. Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971),    

 310SEVENTH SCHEDULE 
(Article 246) 
List I—Union List 
1. Defence of India and every part thereof including preparation for 
defence and all such acts as may be conducive in times of war to its prosecution 
and after its termination to effective demobilisation. 
2. Naval, military and air forces; any other armed forces of the Union. 
1[2A. Deployment of any armed force of the Union or any other force 
subject to the control of the Union or any contingent or unit thereof in any State 
in aid of the civil power; powers, jurisdiction, privileges and liabilities of the 
members of such forces while on such deployment.] 
3. Delimitation of cantonment areas, local self-government in such areas, 
the constitution and powers within such areas of cantonment authorities and the 
regulation of house accommodation (including the control of rents) in such 
areas. 
4. Naval, military and air force works. 
5. Arms, firearms, ammunition and explosives. 
6. Atomic energy and mineral resources necessary for its production. 
7. Industries declared by Parliament by law to be necessary for the 
purpose of defence or for the prosecution of war. 
8. Central Bureau of Intelligence and Investigation. 
9. Preventive detention for reasons connected with Defence, Foreign 
Affairs, or the security of India; persons subjected to such detention. 
10. Foreign affairs; all matters which bring the Union into relation with 
any foreign country. 
11. Diplomatic, consular and trade representation. 
12. United Nations Organisation. 
13. Participation in international conferences, associations and other 
bodies and implementing of decisions made thereat. 
14. Entering into treaties and agreements with foreign countries and 
implementing of treaties, agreements and conventions with foreign countries. 
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977). 

(Seventh Schedule)  
 311
15. War and peace. 
16. Foreign jurisdiction. 
17. Citizenship, naturalisation and aliens. 
18. Extradition. 
19. Admission into, and emigration and expulsion from, India; passports 
and visas. 
20. Pilgrimages to places outside India. 
21. Piracies and crimes committed on the high seas or in the air; offences 
against the law of nations committed on land or the high seas or in the air. 
22. Railways. 
23. Highways declared by or under law made by Parliament to be national 
highways. 
24. Shipping and navigation on inland waterways, declared by Parliament 
by law to be national waterways, as regards mechanically propelled vessels; the 
rule of the road on such waterways. 
25. Maritime shipping and navigation, including shipping and navigation 
on tidal waters; provision of education and training for the mercantile marine 
and regulation of such education and training provided by States and other 
agencies. 
26. Lighthouses, including lightships, beacons and other provision for the 
safety of shipping and aircraft. 
27. Ports declared by or under law made by Parliament or existing law to 
be major ports, including their delimitation, and the constitution and powers of 
port authorities therein. 
28. Port quarantine, including hospitals connected therewith; seamen's and 
marine hospitals. 
29. Airways; aircraft and air navigation; provision of aerodromes; 
regulation and organisation of air traffic and of aerodromes; provision for 
aeronautical education and training and regulation of such education and 
training provided by States and other agencies. 
30. Carriage of passengers and goods by railway, sea or air, or by national 
waterways in mechanically propelled vessels. 

 312
31. Posts and telegraphs; telephones, wireless, broadcasting and other like 
forms of communication. 
32. Property of the Union and the revenue therefrom, but as regards 
property situated in a State 1*** subject to legislation by the State, save in so 
far as Parliament by law otherwise provides. 
2[33*            *        *  *                        *] 
34. Courts of wards for the estates of Rulers of Indian States. 
35. Public debt of the Union. 
36. Currency, coinage and legal tender;  foreign exchange. 
37. Foreign loans. 
38. Reserve Bank of India. 
39. Post Office Savings Bank. 
40. Lotteries organised by the Government of India or the Government of 
a State. 
41. Trade and commerce with foreign countries; import and export across 
customs frontiers; definition of customs frontiers. 
42. Inter-State trade and commerce. 
43. Incorporation, regulation and winding up of trading corporations, 
including banking, insurance and financial corporations, but not including     
co-operative societies. 
44. Incorporation, regulation and winding up of corporations, whether 
trading or not, with objects not confined to one State, but not including 
universities. 
45. Banking. 
46. Bills of exchange, cheques, promissory notes and other like 
instruments. 
47. Insurance. 
48. Stock exchanges and futures markets. 
49. Patents, inventions and designs; copyright; trade-marks and merchandise 
marks. 
1. The words and letters "specified in Part A  or Part B of the First Schedule" omitted by 
2.  Entry 33 omitted by s. 26 , ibid. (w.e.f. 1-11-1956).  

 313
50. Establishment of standards of weight and measure. 
51. Establishment of standards of quality for goods to be exported out of 
India or transported from one State to another. 
52. Industries, the control of which by the Union is declared by Parliament 
by law to be expedient in the public interest. 
53. Regulation and development of oilfields and mineral oil resources; 
petroleum and petroleum products; other liquids and substances declared by 
Parliament by law to be dangerously inflammable. 
54. Regulation of mines and mineral development to the extent to which 
such regulation and development under the control of the Union is declared by 
Parliament by law to be expedient in the public interest. 
55. Regulation of labour and safety in mines and oilfields. 
56. Regulation and development of inter-State rivers and river valleys to 
the extent to which such regulation and development under the control of the 
Union is declared by Parliament by law to be expedient in the public interest. 
57. Fishing and fisheries beyond territorial waters. 
58. Manufacture, supply and distribution of salt by Union agencies; 
regulation and control of manufacture, supply and distribution of salt by other 
agencies. 
59. Cultivation, manufacture, and sale for export, of opium. 
60. Sanctioning of cinematograph films for exhibition. 
61. Industrial disputes concerning Union employees. 
62. The institutions known at the commencement of this Constitution as 
the National Library, the Indian Museum, the Imperial War Museum, the 
Victoria Memorial and the Indian War Memorial, and any other like institution 
financed by the Government of India wholly or in  part and declared by 
Parliament by law to be an institution of national importance. 
63. The institutions known at the commencement of this Constitution as the 
Benares Hindu University, the Aligarh Muslim University and the 1[Delhi 
University; the University established in pursuance of article 371E;] any other 
institution declared by Parliament by law to be an institution of national importance. 
1. Subs. by the Constitution (Thirty-second Amendment) Act, 1973, s. 4, for "Delhi 
University, and" (w.e.f. 1-7-1974). 

 314
64. Institutions for scientific or technical education financed by the 
Government of India wholly or in part and declared by Parliament by law to be 
institutions of national importance. 
65. Union agencies and institutions for— 
(a) professional, vocational or technical training, including the 
training of police officers; or 
(b) the promotion of special studies or research; or 
(c) scientific or technical assistance in the investigation or detection 
of crime. 
66. Co-ordination and determination of standards in institutions for higher 
education or research and scientific and technical institutions. 
67. Ancient and historical monuments and records, and archaeological 
sites and remains, 1[declared by or under law made by Parliament] to be of 
national importance. 
68. The Survey of India, the Geological, Botanical, Zoological and 
Anthropological Surveys of India; Meteorological organisations. 
69.  Census. 
70. Union Public Service; All-India Services; Union Public Service 
71. Union pensions, that is to say, pensions payable by the Government of 
India or out of the Consolidated Fund of India. 
72. Elections to Parliament, to the Legislatures of States and to the offices 
of President and Vice-President; the Election Commission. 
73. Salaries and allowances of members of Parliament, the Chairman and 
Deputy Chairman of the Council of States and the Speaker and Deputy Speaker 
of the House of the People. 
74. Powers, privileges and immunities of each House of Parliament and of 
the members and the Committees of each House; enforcement of attendance of 
persons for giving evidence or producing documents before committees of 
Parliament or commissions appointed by Parliament. 
75. Emoluments, allowances, privileges, and rights in respect of leave of 
absence, of the President and Governors; salaries and allowances of the 
Ministers for the Union; the salaries, allowances, and rights in respect of leave 
of absence and other conditions of service of the Comptroller and Auditor-
General of India. 

 315
76. Audit of the accounts of the Union and of the States. 
77. Constitution, organisation, jurisdiction and powers of the Supreme 
Court (including contempt of such Court), and the fees taken therein; persons 
entitled to practise before the Supreme Court. 
78. Constitution and organisation 1[(including vacations)] of the High 
Courts except provisions as to officers and servants of High Courts; persons 
entitled to practise before the High Courts. 
2[79. Extension of the jurisdiction of a High Court to, and exclusion of the 
jurisdiction of a High Court from, any Union territory.] 
80. Extension of the powers and jurisdiction of members of a police force 
belonging to any State to any area outside that State, but not so as to enable the 
police of one State to exercise powers and jurisdiction in any area outside that 
State without the consent of the Government of the State in which such area is 
situated; extension of the powers and jurisdiction of members of a police force 
belonging to any State to railway areas outside that State. 
81. Inter-State migration; inter-State quarantine. 
82. Taxes on income other than agricultural income. 
83. Duties of customs including export duties. 
3[84. Duties of excise on the following goods manufactured or produced in 
India, namely:— 
(a) petroleum crude; 
(b) high speed diesel; 
(c) motor spirit (commonly known as petrol); 
(d) natural gas; 
(e) aviation turbine fuel; and 
(f) tobacco and tobacco products.] 
85. Corporation tax. 
1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 12 (with retrospective 
effect).  
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for entry 79  
(w.e.f. 1-11-1956).   
3. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17( a)(i) 
for entry 84 (w.e.f. 16-9-2016).  

 316
86. Taxes on the capital value of the assets, exclusive of agricultural land, 
of individuals and companies; taxes on the capital of companies. 
87. Estate duty in respect of property other than agricultural land. 
88. Duties in respect of succession to property other than agricultural land. 
89. Terminal taxes on goods or passengers, carried by railway, sea or air; 
taxes on railway fares and freights. 
90. Taxes other than stamp duties on transactions in stock exchanges and 
futures markets. 
91. Rates of stamp duty in respect of bills of exchange, cheques, 
promissory notes, bills of lading, letters of credit, policies of insurance, transfer 
of shares, debentures, proxies and receipts. 
1[92. *                  *                  *                  *                  *                  *] 
2[92A. Taxes on the sale or purchase of goods other than newspapers, 
where such sale or purchase takes place in the course of inter-State trade or 
commerce.] 
3[92B. Taxes on the consignments of goods (whether the consignment is to 
the person making it or to any other person), where such consignment takes 
place in the course of inter-State trade or  commerce.] 
4[92C. *                  *                  *                  *                  *                  *] 
93. Offences against laws with respect to any of the matters in this List. 
94. Inquires, surveys and statistics for the purpose of any of the matters in 
this List. 
95. Jurisdiction and powers of all courts, except the Supreme Court, with 
respect to any of the matters in this List; admiralty jurisdiction. 
96. Fees in respect of any of the matters in this List, but not including fees 
taken in any court. 
97. Any other matter not enumerated in List II or List III including any tax 
not mentioned in either of those Lists.  
1. Entry 92 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, 
s. 17(a)(ii) (w.e.f. 16-9-2016).                    
2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956). 
3. Ins.by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5 (w.e.f. 2-2-1983). 
4. Entry 92C was ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4 
(date not notified) and omitted by the Constitution (One Hundred and First 
Amendment) Act, 2016, s. 17( a)(ii) (w.e.f. 16-9-2016).                   

 317
List II—State List 
1. Public order (but not including 1[the use of any naval, military or air 
force or any other armed force of the Union or of any other force subject to the 
control of the Union or of any contingent or unit thereof] in aid of the civil 
power). 
2[2. Police (including railway and village police) subject to the provisions 
of entry 2A of List I.] 
3. 3*** Officers and servants of the High Court; procedure in rent and 
revenue courts; fees taken in all courts except the Supreme Court. 
4. Prisons, reformatories, Borstal institutions and other institutions of a 
like nature, and persons detained therein; arrangements with other States for the 
use of prisons and other institutions. 
5. Local government, that is to say, the constitution and powers of 
municipal corporations, improvement trusts, districts boards, mining settlement 
authorities and other local authorities for the purpose of local self-government 
or village administration. 
6. Public health and sanitation; hospitals and dispensaries. 
7. Pilgrimages, other than pilgrimages to places outside India. 
8. Intoxicating liquors, that is to say, the production, manufacture, 
possession, transport, purchase and sale of intoxicating liquors. 
9. Relief of the disabled and unemployable. 
10. Burials and burial grounds; cremations and cremation grounds. 
4[11*   *              *                        *                   *]                
12. Libraries, museums and other similar institutions controlled or 
financed by the State; ancient and historical monuments and records other than 
those 5[declared by or under law made by Parliament] to be of national 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for certain 
words (w.e.f. 3-1-1977). 
2. Subs. by s. 57, for entry 2, ibid. (w.e.f. 3-1-1977). 
3. Certain words omitted by s. 57, ibid. (w.e.f. 3-1-1977).  
4. Entry 11 omitted  by s. 57, ibid. (w.e.f. 3-1-1977). 
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by 

 318
13. Communications, that is to say, roads, bridges, ferries, and other 
means of communication not specified in List I; municipal tramways; 
ropeways; inland waterways and traffic thereon subject to the provisions of List 
I and List III with regard to such waterways; vehicles other than mechanically 
propelled vehicles. 
14. Agriculture, including agricultural education and research, protection 
against pests and prevention of plant diseases. 
15. Preservation, protection and improvement of stock and prevention of 
animal diseases; veterinary training and practice. 
16. Pounds and the prevention of cattle trespass. 
17. Water, that is to say, water supplies, irrigation and canals, drainage 
and embankments, water storage and water power subject to the provisions of 
entry 56 of List I. 
18. Land, that is to say, rights in or over land, land tenures including the 
relation of landlord and tenant, and the collection of rents; transfer and 
alienation of agricultural land; land improvement and agricultural loans; 
colonization.  
1[19*       *                       *                          *                        * 
20*       *                       *                          *                        *] 
21. Fisheries. 
22. Courts of wards subject to the provisions of entry 34 of List I; 
encumbered and attached estates. 
23. Regulation of mines and mineral development subject to the 
provisions of List I with respect to regulation and development under the 
control of the Union. 
24. Industries subject to the provisions of 2[entries 7 and 52] of List I. 
25. Gas and gas-works. 
26. Trade and commerce within the State subject to the provisions of entry 
33 of List III. 
1. Entries 19 and 20 omitted  by the Constitution (Forty-second Amendment) Act, 1976,   
s. 57 (w.e.f. 3-1-1977). 
2.  Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28 for “entry 52”      

 319
27. Production, supply and distribution of goods subject to the provisions 
of entry 33 of List III. 
28. Markets and fairs. 
1[29*                    *                       *                        *                       *] 
30. Money-lending and money-lenders; relief of agricultural indebtedness. 
31. Inns and inn-keepers. 
32. Incorporation, regulation and winding up of corporations, other than 
those specified in List I, and universities; unincorporated trading, literary, 
scientific, religious and other societies and associations; co-operative societies. 
33. Theatres and dramatic performances; cinemas subject to the provisions 
of entry 60 of List I; sports, entertainments and amusements. 
34. Betting and gambling. 
35. Works,  lands and buildings vested in or in the possession of the State. 
2[36*                    *                       *                        *                       *] 
37. Elections to the Legislature of the State subject to the provisions of 
any law made by Parliament. 
38. Salaries and allowances of members of the Legislature of the State, of 
the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a 
Legislative Council, of the Chairman and Deputy Chairman thereof. 
39. Powers, privileges and immunities of the Legislative Assembly and of 
the members and the committees thereof, and, if there is a Legislative Council, 
of that Council and of the members and the committees thereof; enforcement of 
attendance of persons for giving evidence or producing documents before 
committees of the Legislature of the State. 
40. Salaries and allowances of Ministers for the State. 
41. State public services; State Public Service Commission. 
42. State pensions, that is to say, pensions payable by the State or out of 
the Consolidated Fund of the State. 
43. Public debt of the State. 
44. Treasure trove.  
1. Entry 29 omitted  by the Constitution (Forty-second Amendment) Act, 1976, s. 57 
2. Entry 36 omitted  by the Constitution (Seventh Amendment) Act, 1956, s. 26       

 320
45. Land revenue, including the assessment and collection of revenue, the 
maintenance of land records, survey for revenue purposes and records of rights, 
and alienation of revenues. 
46. Taxes on agricultural income. 
47. Duties in respect of succession to agricultural land. 
48. Estate duty in respect of agricultural land. 
49. Taxes on lands and buildings. 
50. Taxes on mineral rights subject to any limitations imposed by 
Parliament by law relating to mineral development. 
51. Duties of excise on the following goods manufactured or produced in 
the State and countervailing duties at the same or lower rates on similar goods 
manufactured or produced elsewhere in India:— 
(a) alcoholic liquors for human consumption; 
(b) opium, Indian hemp and other narcotic drugs and narcotics, 
but not including medicinal and toilet preparations containing alcohol or any 
substance included in sub-paragraph ( b) of this entry. 
1[52. *                  *                  *                  *                  *                  *] 
53. Taxes on the consumption or sale of electricity. 
2[54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit 
(commonly known as petrol), natural gas, aviation turbine fuel and alcoholic 
liquor for human consumption, but not including sale in the course of         
inter-State trade or commerce or sale in the course of international trade or 
commerce of such goods.] 
3[55. *                  *                  *                  *                  *                  *] 
56. Taxes on goods and passengers carried by road or on inland 
waterways. 
1. Entry 52 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, 
s. 17(b)(i) (w.e.f. 16-9-2016).                    
2. Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2 (w.e.f. 11-9-1956) and                  
further subs. by the Constitution (One Hundred and First Amendment) Act, 2016,        
s. 17(b)(ii) (w.e.f. 16-9-2016). 
3. Entry 55 omitted by the Constitution (One Hundred and First Amendment) Act, 2016, 
s. 17(b)(iii) (w.e.f. 16-9-2016).                    

 321
57. Taxes on vehicles, whether mechanically propelled or not, suitable for 
use on roads, including tramcars subject to the provisions of entry 35 of List III. 
58. Taxes on animals and boats.  
59. Tolls. 
60. Taxes on professions, trades, callings and employments. 
61. Capitation taxes. 
1[62. Taxes on entertainments and amusements to the extent levied and 
collected by a Panchayat or a Municipality or a Regional Council or a District 
Council.] 
63. Rates of stamp duty in respect of documents other than those specified 
in the provisions of List I with regard to rates of stamp duty. 
64. Offences against laws with respect to any of the matters in this List. 
65. Jurisdiction and powers of all courts, except the Supreme Court, with 
respect to any of the matters in this List. 
66. Fees in respect of any of the matters in this List, but not including fees 
taken in any court.  
List III—Concurrent List 
 1. Criminal law, including all matters included in the Indian Penal Code 
at the commencement of this Constitution but excluding offences against laws 
with respect to any of the matters specified in List I or List II and excluding the 
use of naval, military or air forces or any other armed forces of the Union in aid 
of the civil power. 
 2. Criminal procedure, including all matters included in the Code of 
Criminal Procedure at the commencement of this Constitution. 
 3. Preventive detention for reasons connected with the security of a State, 
the maintenance of public order, or the maintenance of supplies and services 
essential to the community; persons subjected to such detention. 
 4. Removal from one State to another State of prisoners, accused persons 
and persons subjected to preventive detention for reasons specified in entry 3 of 
this List. 
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 17( b) 
(iv), for entry 62  (w.e.f. 16-9-2016). 

 322
 5. Marriage and divorce; infants and minors; adoption; wills, intestacy 
and succession; joint family and partition; all matters in respect of which 
parties in judicial proceedings were immediately before the commencement of 
this Constitution subject to their personal law. 
 6. Transfer of property other than agricultural land; registration of deeds 
and documents. 
 7.  Contracts, including partnership, agency, contracts of carriage, and 
other special forms of contracts, but not including contracts relating to 
agricultural land. 
 8.  Actionable wrongs. 
 9.  Bankruptcy and insolvency. 
10. Trust and Trustees. 
11.  Administrators-general and official trustees. 
1[11A. Administration of Justice; constitution and organisation of all 
courts, except the Supreme Court and the High Courts.] 
12. Evidence and oaths; recognition of laws, public acts and records, and 
judicial proceedings. 
13. Civil procedure, including all matters included in the Code of Civil 
Procedure at the commencement of this Constitution, limitation and arbitration. 
14. Contempt of court, but not including contempt of the Supreme Court. 
15. Vagrancy; nomadic and migratory tribes. 
16. Lunacy and mental deficiency, including places for the reception or 
treatment of lunatics and mental deficients. 
17. Prevention of cruelty to animals. 
1[17A.  Forests. 
17B. Protection of wild animals and birds.] 
18. Adulteration of foodstuffs and other goods. 
19. Drugs and poisons, subject to the provisions of entry 59 of List I with 
respect to opium.  
20. Economic and social planning. 
1[20A. Population control and family planning.] 
1. Entries 11A, 17A, 17B and 26A ins. by the Constitution (Forty-second Amendment) 
Act, 1976, s. 57 (c) (i),(ii) and (iii)(w.e.f. 3-1-1977). 

 323
21. Commercial and industrial monopolies, combines and trusts. 
22. Trade unions; industrial and labour disputes. 
23. Social security and social insurance; employment and unemployment. 
24. Welfare of labour including conditions of work, provident funds, 
employers' liability, workmen's compensation, invalidity and old age pensions 
and maternity benefits. 
1[25. Education, including technical education, medical education and 
universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; 
vocational and technical training of labour.] 
26. Legal, medical and other professions. 
27. Relief and rehabilitation of persons displaced from their original place 
of residence by reason of the setting up of the Dominions of India and Pakistan. 
28. Charities   and   charitable  institutions,  charitable   and   religious  
endowments and religious institutions. 
29. Prevention of the extension from one State to another of infectious or 
contagious diseases or pests affecting men, animals or plants. 
30. Vital statistics including registration of births and deaths. 
31. Ports other than those declared by or under law made by Parliament or 
existing law to be major ports. 
32. Shipping and navigation on inland waterways as regards mechanically 
propelled vessels, and the rule of the road on such waterways, and the carriage 
of passengers and goods on inland waterways subject to the provisions of List I 
with respect to national waterways. 
2[33. Trade and commerce in, and the production, supply and distribution 
of,— 
(a) the products of any industry where the control of such industry 
by the Union is declared by Parliament by law to be expedient in the 
public interest, and imported goods of the same kind as such products; 
(b) foodstuffs, including edible oilseeds and oils; 
(c) cattle fodder, including oilcakes and other concentrates; 
(d) raw cotton, whether ginned or unginned, and cotton seed; and 
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (c) (iv) for entry 25 
2. Subs. by the Constitution (Third Amendment) Act, 1954, s. 2 for entry 33             
(w.e.f. 22-2-1955).  

 324
(e) raw jute.] 
1[33A. Weights and measures except establishment of standards.] 
34.  Price control.  
35. Mechanically propelled vehicles including the principles on which 
taxes on such vehicles are to be levied. 
36. Factories 
37. Boilers. 
38. Electricity. 
39. Newspapers, books and printing presses. 
40. Archaeological sites and remains other than those 2[declared by or 
under law made by Parliament] to be of national importance. 
41. Custody, management and disposal of property (including agricultural 
land) declared by law to be evacuee property. 
3[42. Acquisition and requisitioning of property.] 
43. Recovery in a State of claims in respect of taxes and other public 
demands, including arrears of land-revenue and sums recoverable as such 
arrears, arising outside that State. 
44. Stamp duties other than duties or fees collected by means of judicial 
stamps, but not including rates of stamp duty. 
45. Inquiries and statistics for the purposes of any of the matters specified 
in List II or List III. 
46. Jurisdiction and powers of all courts, except the Supreme Court, with 
47. Fees in respect of any of the matters in this List, but not including fees 
 
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).  
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by 
3.  Subs. by s. 26 , ibid., for entry 42 (w.e.f. 1-11-1956). 

325 EIGHTH SCHEDULE 
[Articles 344(1) and 351] 
Languages 
1.   Assamese. 
2.   Bengali. 
1[3.   Bodo. 
4.  Dogri.] 
2[5.]   Gujarati. 
3[6.]   Hindi. 
3[7.]   Kannada. 
3[8.]  Kashmiri. 
4[3[9.]   Konkani.] 
1[10. Maithili.] 
5[11.]  Malayalam. 
4[6[12.]  Manipuri.] 
6[13.]  Marathi. 
4[6[14.] Nepali.] 
6[15.] 7[Odia]. 
6[16.]  Punjabi. 
6[17.]  Sanskrit. 
1. Entries 3and 4 ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2      
(w.e.f. 7-1-2004). 
2. Entry 3 renumbered as entry 5 by s. 2, ibid. (w.e.f. 7-1-2004). 
3. Entries 4 to 7 renumbered as entries 6 to 9 by s. 2, ibid. (w.e.f. 7-1-2004). 
4. Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s.2 (w.e.f. 31-8-1992). 
5. Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act, 
2003, s. 2 (w.e.f. 7-1-2004). 
6. Entries 9 to 14 renumbered as entries 12 to 17 by s. 2, ibid. (w.e.f. 7-1-2004). 
7. Subs. by the Constitution (Ninety-sixth Amendment) Act, 2011, s. 2, for "Oriya" 
(w.e.f. 23-9-2011).  

(Eighth Schedule) 
 326
1[18.  Santhali.] 
2[3[19.]  Sindhi.] 
4[20.]  Tamil. 
4[21.]  Telugu. 
           4[22.]  Urdu.   
1. Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2 (w.e.f. 7-1-2004). 
2. Ins. by the Constitution (Twenty-first Amendment) Act, 1967, s. 2 (w.e.f. 10-4-1967).   
3. Entry 15 renumbered as entry 19 by the Constitution (Ninety-second Amendment)  
Act, 2003, s. 2 (w.e.f. 7-1-2004).  
4. Entries 16 to 18 renumbered as entries 20 to 22 by s. 2,  ibid. (w.e.f. 7-1-2004).  

 3271[NINTH SCHEDULE 
(Article 31B) 
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). 
2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act 
LXVII of 1948). 
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949). 
4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII 
of 1949). 
5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act 
LXIII of 1949). 
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950). 
7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 
(Bombay Act LX of 1950). 
8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, 
Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951). 
9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 
(Madras Act XXVI of 1948). 
10. The Madras Estates (Abolition and Conversion into Ryotwari) 
Amendment Act, 1950 (Madras Act I of 1950). 
11. The Uttar Pradesh  Zamindari Abolition and Land Reforms Act, 1950 
(Uttar Pradesh Act I of 1951). 
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of 
1358, Fasli). 
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of 
1359, Fasli).] 
2[14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) 
Act, 1950 (Bihar Act XXXVIII of 1950). 
15. The United Provinces Land Acquisition (Rehabilitation of Refugees) 
Act, 1948 (U.P. Act XXVI of 1948). 
16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 
(Act LX of 1948). 
17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted 
by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950). 
18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951). 
1. Ninth schedule (entries 1 to 13) added by the Constitution (First Amendment) Act,   
1951, s. 14 (w.e.f. 18-6-1951).  
2. Entries 14 to 20 added by the Constitution (Fourth Amendment) Act, 1955, s. 5  
    (w.e.f. 27-4-1955). 

(Ninth Schedule) 328
19. Chapter III-A of the Industries (Development and Regulation) Act, 
1951 (Act LXV of 1951), as inserted by section 13 of the Industries 
(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953). 
20. The West Bengal Land Development and Planning Act, 1948 (West 
Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.] 
1[21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 
(Andhra Pradesh Act X of 1961). 
22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands 
(Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961). 
23. The Andhra  Pradesh (Telangana Area) Ijara and Kowli Land 
Cancellation of Irregular Pattas and Abolition of Concessional Assessment Act, 
1961 (Andhra Pradesh Act XXXVI of 1961). 
24. The Assam State Acquisition of Lands belonging to Religious or 
Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961). 
25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of 
1954). 
26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) Act, 1961 (Bihar Act XII of 1962),  except section 28 of this 
Act. 
27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954 
(Bombay Act I of 1955). 
28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957 
(Bombay Act XVIII of 1958). 
29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act 
XCVIII of 1958). 
30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) 
Act, 1960 (Gujarat Act XVI of 1960). 
31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI 
of 1961). 
32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition, etc.) 
Regulation, 1962 (Gujarat Regulation I of 1962). 
1. Entries 21 to 64 and Explanation a dded by the Constitution (Seventeenth Amendment) 
Act, 1964, s. 3 (w.e.f. 20-6-1964).  

(Ninth Schedule) 329
33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act 
XXXIII of 1963), except in so far as this Act relates to an alienation referred to 
in sub-clause ( d) of clause (3) of section 2 thereof. 
34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 
(Maharashtra Act XXVII of 1961). 
35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation 
and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961). 
36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad 
Act XXI of 1950). 
37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of 1961). 
38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961). 
39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).  
40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh Act 
XX of 1959). 
41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 
(Madhya Pradesh Act XX of 1960). 
42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act 
XXV of 1955). 
43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 
(Madras Act XXIV of 1956). 
44. The Madras Occupants of Kudiyiruppu (Protection from Eviction) Act, 
1961 (Madras Act XXXVIII of 1961). 
45. The  Madras  Public  Trusts  (Regulation  of  Administration  of 
Agricultural Lands) Act, 1961 (Madras Act LVII of 1961). 
46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 
(Madras Act LVIII of 1961). 
47. The Mysore  Tenancy Act, 1952 (Mysore Act XIII of 1952). 
48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957). 
49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of 1961). 
50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act, 1961 
(Mysore Act XXXVI of 1961). 
51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962). 

(Ninth Schedule) 330
52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960). 
53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963 
(Orissa Act X of 1963). 
54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953). 
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955). 
56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959 
(Rajasthan Act VIII of 1959). 
57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms 
Act, 1960 (Uttar Pradesh Act XVII of 1960). 
58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 
(Uttar Pradesh Act I of 1961). 
59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 
1954). 
60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 
1956).  
61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954). 
62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960). 
63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act 
33 of 1960). 
64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 
43 of 1960). 
1[65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 
1969). 
66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 
1971).] 
2[67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural 
Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973). 
68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973). 
1. Entries 65 and 66 ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2 
(w.e.f. 9-6-1972). 
2. Entries 67  to 86 ins. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2 
(w.e.f. 7-9-1974). 

(Ninth Schedule) 331
69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973). 
70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of  
1972). 
71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 
(Gujarat Act 2 of 1974). 
72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26 of 1972). 
73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal 
Pradesh Act 19 of 1973). 
74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of 1972). 
75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 
Act, 1972 (Madhya Pradesh Act 12 of 1974). 
76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second 
Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974). 
77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1 
of 1974). 
78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973). 
79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 
1973 (Rajasthan Act 11 of 1973). 
80. The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) 
Act, 1969 (Tamil Nadu Act 24 of 1969). 
81.  The  West   Bengal  Land  Reforms  (Amendment)  Act,  1972  (West 
Bengal Act XII of 1972). 
82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West 
Bengal Act XXII of 1964). 
83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973 
(West Bengal Act XXXIII of 1973). 
84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) 
Act, 1972 (Gujarat Act 5 of 1973). 
85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of 
1974). 
86. The Tripura Land Revenue and Land Reforms (Second Amendment) 
Act,1974 (Tripura Act 7 of 1974).] 

(Ninth Schedule) 332
1[287*         *                       *           *                       *]  
88. The Industries (Development and Regulation) Act, 1951 (Central Act 
65 of 1951). 
89. The Requisitioning and Acquisition of Immovable Property Act, 1952 
(Central Act 30 of 1952). 
90. The Mines and Minerals (Regulation and Development) Act, 1957 
(Central Act 67 of 1957). 
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central 
Act 54 of 1969). 
2[92*                    *                      *                        *               *] 
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central 
Act 64 of 1971). 
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36 of 
1972). 
95. The General Insurance Business (Nationalisation) Act, 1972 (Central 
Act 57 of 1972). 
96. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 
(Central Act 58 of 1972). 
97. The Sick Textile Undertakings (Taking Over of Management) Act, 
1972 (Central Act 72 of 1972). 
98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act 
15 of 1973). 
99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973). 
100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 
1973). 
101. The  Alcock  Ashdown  Company  Limited  (Acquisition  of 
Undertakings) Act, 1973 (Central Act 56 of 1973). 
1. Entries 87 to 124 ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 5     
2. Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978,    
s. 44 (w.e.f. 20-6-1979). 
  Rep. by the Competition Act, 2002 (12 of 2003) s. 66 (w.e.f. 1-9-2009). 
 Rep. by the Foreign Exchange Management Act, 1999 (42 of 1999), s. 49  (w.e.f. 1-6-2000).  

(Ninth Schedule) 333
102. The Coal Mines (Conservation and Development) Act, 1974 (Central 
Act 28 of 1974). 
103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central 
Act 37 of 1974). 
104. The Conservation of Foreign Exchange and Prevention of Smuggling 
Activities Act, 1974 (Central Act 52 of 1974). 
105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central 
Act 57 of 1974). 
106. The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings) 
(Amendment) Act, 1964 (Maharashtra Act XVI of 1965). 
107. The Maharashtra Agricultural Lands (Ceiling on Holdings) 
(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965). 
108. The Maharashtra Agricultural Lands (Ceiling on Holdings) 
(Amendment) Act, 1968 (Maharashtra Act XVI of 1968). 
109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second 
Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968). 
110. The Maharashtra Agricultural Lands (Ceiling on Holdings) 
(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969). 
111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second 
Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969). 
112. The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings) 
(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970). 
113. The  Maharashtra  Agricultural  Lands  (Ceiling  on  Holdings) 
(Amendment) Act, 1972 (Maharashtra Act XIII of 1972). 
114. The  Maharashtra  Agricultural  Lands  (Ceiling on Holdings) 
(Amendment) Act, 1973 (Maharashtra Act L of 1973). 
115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of 
1965). 
116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of 
1967). 
117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of 
1967). 

(Ninth Schedule) 334
118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of 
1969). 
119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of 
1970). 
120. The Uttar Pradesh Imposition of Ceiling on Land Holdings 
(Amendment) Act, 1972 (Uttar Pradesh  Act 18 of 1973). 
121. The Uttar Pradesh Imposition of Ceiling on Land Holdings 
(Amendment) Act, 1974 (Uttar Pradesh  Act 2 of 1975). 
122. The Tripura Land Revenue and Land Reforms  (Third Amendment) 
Act, 1975 (Tripura Act 3 of 1975). 
123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971). 
124. The Dadra and Nagar Haveli Land Reforms (Amendment)  
Regulation, 1973 (5 of 1973).] 
1[125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939 
(Central Act 4 of 1939). 
126. The Essential Commodities Act, 1955 (Central Act 10 of 1955). 
127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of 
Property) Act, 1976 (Central Act 13 of 1976). 
128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 
1976). 
129. The Conservation of Foreign Exchange and Prevention of Smuggling 
Activities (Amendment) Act, 1976 (Central Act 20 of 1976). 
2130*                       *                          *                        *                    * 
131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31 of 
1976). 
132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 
of 1976). 
1. Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3 
(w.e.f. 27-5-1976). 
 See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988). 
2. Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44 

(Ninth Schedule) 335
133. The Departmentalisation of Union Accounts (Transfer of Personnel) 
Act, 1976 (Central Act 59 of 1976). 
134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam 
Act I of 1957). 
135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 
1958 (Bombay Act XCIX of 1958). 
136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 
of 1973). 
137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 
(Haryana Act 17 of 1976). 
138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 
(Himachal Pradesh Act 8 of 1974). 
139. The Himachal Pradesh Village Common Lands Vesting and 
Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974). 
140. The Karnataka Land Reforms (Second Amendment and Miscellaneous 
Provisions) Act, 1974 (Karnataka Act 31 of 1974). 
141. The Karnataka Land Reforms (Second Amendment) Act, 1976 
(Karnataka Act 27 of 1976). 
142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966). 
143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969). 
144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 
1969). 
145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 
1971 (Kerala Act 20 of 1971). 
146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 
(Kerala Act 26 of 1971). 
147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974). 
148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 
of 1974). 
149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975). 
150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and 
Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975). 

(Ninth Schedule) 336
151.  The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of 
1976). 
152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976). 
153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 
Act, 1974 (Madhya Pradesh Act 20 of 1974). 
154. The Madhya Pradesh Ceiling on Agricultural Holdings  (Amendment) 
Act, 1975 (Madhya Pradesh Act 2 of 1976). 
155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition, 
etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962). 
156. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 
(Maharashtra Act XIV of 1975). 
157. The Maharashtra Agricultural Lands (Lowering of Ceiling on 
Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975). 
158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra 
Act XXIX of 1975). 
159. The Maharashtra Agricultural Lands (Lowering of Ceiling on 
Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII 
of 1975). 
160. The Maharashtra Agricultural Lands (Ceiling on Holdings) 
(Amendment) Act, 1975 (Maharashtra Act II of 1976). 
161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952). 
162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954). 
163. The Rajasthan Land Reforms and Acquisition of Landowners’ Estates 
Act, 1963 (Rajasthan Act 11 of 1964). 
164. The Rajasthan Imposition of Ceiling on Agricultural Holdings 
(Amendment) Act, 1976 (Rajasthan Act 8 of 1976). 
165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 
1976). 
166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 
1970  (Tamil Nadu Act 17 of 1970). 
167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1971 (Tamil Nadu Act 41 of 1971). 

(Ninth Schedule) 337
168.  The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1972 (Tamil Nadu Act 10 of 1972). 
169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 
Amendment Act, 1972 (Tamil Nadu Act 20 of 1972). 
170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third 
Amendment Act, 1972 (Tamil Nadu Act 37 of 1972). 
171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth 
Amendment Act, 1972 (Tamil Nadu Act 39 of 1972). 
172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth 
Amendment Act, 1972 (Tamil Nadu Act 7 of 1974). 
173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth 
Amendment Act, 1972 (Tamil Nadu Act 10 of 1974). 
174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1974 (Tamil Nadu Act 15 of 1974). 
175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third 
Amendment Act, 1974 (Tamil Nadu Act 30 of 1974). 
176. The Tamil Nadu  Land Reforms (Fixation of Ceiling on Land) Second 
Amendment Act, 1974 (Tamil Nadu Act 32 of 1974). 
177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1975 (Tamil Nadu Act 11 of 1975). 
178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 
Amendment Act, 1975 (Tamil Nadu Act 21 of 1975). 
179. Amendments made to the Uttar Pradesh Zamindari Abolition and 
Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh 
Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971) and the 
Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of 
1974). 
180. The Uttar Pradesh Imposition of Ceiling on Land Holdings 
(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976). 
181. The West Bengal Land Reforms (Second Amendment) Act, 1972 
(West Bengal Act XXVIII of 1972). 
182. The West Bengal Restoration of Alienated Land Act, 1973 (West 
Bengal Act XXIII of 1973). 

(Ninth Schedule) 338
183. The West Bengal Land Reforms (Amendment) Act, 1974 (West 
Bengal Act XXXIII of 1974). 
184. The West Bengal Land Reforms (Amendment) Act, 1975 (West 
Bengal Act XXIII of 1975). 
185. The West Bengal Land Reforms (Amendment) Act, 1976 (West 
Bengal Act XII of 1976). 
186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central 
Act 15 of 1976). 
187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 
1975 (Goa, Daman and Diu Act 1 of 1976). 
188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 
1973 (Pondicherry Act 9 of 1974).] 
1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam 
Act XXIII of 1971). 
190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 
1974 (Assam Act XVIII of 1974). 
191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975). 
192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976). 
193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978). 
194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 
1980). 
195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 
(Haryana Act 14 of 1977). 
196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1978 (Tamil Nadu Act 25 of 1978). 
197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1979 (Tamil Nadu Act 11 of 1979). 
1. Entries 189 to 202 were ins. by the Constitution (Forty-seventh Amendment)            
Act, 1984, s. 2 (w.e.f. 26-8-1984). 

(Ninth Schedule) 339
198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 
(Uttar Pradesh Act 15 of 1978). 
199. The West Bengal Restoration of Alienated Land (Amendment) Act, 
1978 (West Bengal Act XXIV of 1978). 
200. The West Bengal Restoration of Alienated Land (Amendment) Act, 
1980 (West Bengal Act LVI of 1980). 
201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, 
Daman and Diu Act 7 of 1964). 
202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) 
Act, 1976 (Goa, Daman and Diu Act 17 of 1976).] 
1[203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 
1959 (Andhra Pradesh Regulation 1 of 1959). 
204. The Andhra Pradesh Scheduled Areas Laws (Extension and 
Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963). 
205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) 
Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970). 
206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) 
Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971). 
207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment) 
Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978). 
208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885). 
209. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) 
(Chapter VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A 
and 71B; and Chapter XVIII—sections 240, 241 and 242). 
210. The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 
(Bihar Act 14 of 1949) except section 53. 
211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of 1969). 
212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982). 
1. Entries 203 to 257 were ins. by the Constitution (Sixty-sixth Amendment) Act, 1990,   
s. 2 (w.e.f. 7-6-1990). 

(Ninth Schedule) 340
213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16 of 
1969). 
214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37 
of 1976). 
215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976 
(President's Act 43 of 1976). 
216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977 
(Gujarat Act 27 of 1977). 
217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30 
of 1977). 
218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 
(Gujarat Act 37 of 1980). 
219. The Bombay Land Revenue Code and Land Tenure Abolition Laws 
(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982). 
220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 
(Himachal Pradesh Act 15 of 1969). 
221. The Himachal Pradesh Transfer of Land (Regulation) (Amendment) 
Act, 1986 (Himachal Pradesh Act 16 of 1986). 
222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of 
Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979). 
223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of 1978). 
224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of 
1981). 
225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act, 
1976 (Madhya Pradesh Act 61 of 1976). 
226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 
(Madhya Pradesh Act 15 of 1980). 
227. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam, 
1981 (Madhya Pradesh Act 11 of 1981). 
228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second 
Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984). 
229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 
Act, 1984 (Madhya Pradesh Act 14 of 1984). 

(Ninth Schedule) 341
230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) 
Act, 1989 (Madhya Pradesh Act 8 of 1989). 
231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 
1966), sections 36, 36A and 36B. 
232. The  Maharashtra  Land  Revenue  Code  and  the Maharashtra 
Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976 
(Maharashtra Act 30 of 1977). 
233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines 
and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985). 
234. The Orissa Scheduled Areas Transfer of Immovable Property (by 
Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956). 
235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa 
Act 29 of 1976). 
236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of 1976). 
237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa 
Act 44 of 1976). 
238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act 
12 of 1984). 
239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13 of 
1984). 
240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21 of 
1987). 
241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 
Amendment Act, 1979 (Tamil Nadu Act 8 of 1980). 
242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1980 (Tamil Nadu Act 21 of 1980). 
243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1981 (Tamil Nadu Act 59 of 1981). 
244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 
Amendment Act, 1983 (Tamil Nadu Act 2 of 1984). 
245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh 
Act 20 of 1982). 

(Ninth Schedule) 342
246. The West Bengal Land Reforms (Amendment) Act, 1965 (West 
Bengal Act 18 of 1965). 
247. The West Bengal Land Reforms (Amendment) Act, 1966 (West 
Bengal Act 11 of 1966). 
248. The West Bengal Land Reforms (Second Amendment) Act, 1969 
(West Bengal Act 23 of 1969). 
249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West 
Bengal Act 36 of 1977). 
250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act 
44 of 1979). 
251. The West Bengal Land Reforms (Amendment) Act, 1980 (West 
Bengal Act 41 of 1980). 
252. The West Bengal Land Holding Revenue (Amendment) Act, 1981 
(West Bengal Act 33 of 1981). 
253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act, 1981 
(West Bengal Act 37 of 1981). 
254. The West Bengal Land Holding Revenue (Amendment) Act, 1982 
(West Bengal Act 23 of 1982). 
255. The Calcutta Thikka Tenancy (Acquisition and Regulation) 
(Amendment) Act, 1984 (West Bengal Act 41 of 1984). 
256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968). 
257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry Act 1 
of 1981).] 
1[257A. The Tamil Nadu Backward Classes, Scheduled Castes and 
Scheduled Tribes (Reservation of Seats in Educational Institutions and of 
appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu 
Act 45 of 1994).] 
1. Entry 257A ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2 
    (w.e.f. 31-8-1994). 

(Ninth Schedule) 343
1[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar 
Act 4 of 1948). 
259. The Bihar Consolidation of Holdings and Prevention of Fragmentation 
Act, 1956 (Bihar Act 22 of 1956). 
260. The Bihar Consolidation of Holdings and Prevention of Fragmentation 
(Amendment) Act, 1970 (Bihar Act 7 of 1970). 
261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 
1970 (Bihar Act 9 of 1970). 
262. The Bihar Consolidation of Holdings and Prevention of Fragmentation 
(Amendment) Act, 1973 (Bihar Act 27 of 1975). 
263. The Bihar Consolidation of Holdings and Prevention of Fragmentation 
(Amendment) Act, 1981 (Bihar Act 35 of 1982). 
264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of 
Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987). 
265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 
1989 (Bihar Act 11 of 1989). 
266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of 1990). 
267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of 
Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of 1984). 
268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of 1989). 
269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala 
Act 2 of 1990). 
270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of 
1990). 
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of 1979). 
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act 2 
of 1987). 
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act 
12 of 1989). 
1. Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment)  Act, 1995,    
s. 2 (w.e.f. 30-8-1995). 

(Ninth Schedule) 344
274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1983 (Tamil Nadu Act 3 of 1984). 
275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
Amendment Act, 1986 (Tamil Nadu Act 57 of 1986). 
276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second 
Amendment Act, 1987 (Tamil Nadu Act 4 of 1988). 
277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 
(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989). 
278. The West Bengal Land Reforms (Amendment) Act, 1981 (West 
Bengal Act 50 of 1981). 
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West 
Bengal Act 5 of 1986). 
280. The West Bengal Land Reforms (Second Amendment) Act, 1986 
(West Bengal Act 19 of 1986). 
281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West 
Bengal Act 35 of 1986). 
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West 
Bengal Act 23 of 1989). 
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West 
Bengal Act 24 of 1990). 
284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act 
12 of 1991).] 
Explanation .—Any acquisition made under the Rajasthan Tenancy Act, 
1955 (Rajasthan Act 3 of 1955), in contravention of the second proviso to 
clause (1) of article 31A shall, to the extent of the contravention, be void .]  
 
 3451[TENTH SCHEDULE 
[Articles 102(2) and 191(2)] 
Provisions as to disqualification on ground of defection 
1. Interpretation.— In this Schedule, unless the context otherwise requires,— 
(a) "House" means either House of Parliament or the Legislative 
Assembly or, as the case may be, either House of the Legislature of a State; 
(b) "legislature party", in relation to a member of a House 
belonging to any political party in accordance with the provisions of 
paragraph 2 or 2*** paragraph 4, means the group consisting of all the 
members of that House for the time being belonging to that political 
party in accordance with the said provisions; 
(c) "original political party", in relation to a member of a House, 
means the political party to which he belongs for the purposes of sub-
paragraph (1) of paragraph 2; 
(d) "paragraph" means a paragraph of this Schedule. 
2. Disqualification on ground of defection.— (1) Subject to the 
provisions of 3[paragraphs 4 and 5], a member of a House belonging to any 
political party shall be disqualified for being a member of the House— 
(a) if he has voluntarily given up his membership of such political 
party; or 
(b) if he votes or abstains from voting in such House contrary to 
any direction issued by the political party to which he belongs or by any 
person or authority authorised by it in this behalf, without obtaining, in 
either case, the prior permission of such political party, person or 
authority and such voting or abstention has not been condoned by such 
political party, person or authority within fifteen days from the date of 
such voting or abstention. 
Explanation .—For the purposes of this sub-paragraph,— 
(a) an elected member of a House shall be deemed to belong to 
the political party, if any, by which he was set up as a candidate for 
election as such member; 
(b) a nominated member of a House shall,— 
1. Tenth Schedule added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6   
(w.e.f. 1-3-1985).  
2. Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5 
(w.e.f. 1-1-2004). 
3. Subs. by s. 5, ibid., for "paragraphs 3, 4 and 5".  (w.e.f. 1-1-2004).  

(Tenth Schedule) 346
(i) where he is a member of any political party on the date 
of his nomination as such member, be deemed to belong to such 
political party; 
(ii) in any other case, be deemed to belong to the political 
party of which he becomes, or, as the case may be, first becomes, 
a member before the expiry of six months from the date on which 
he takes his seat after complying with the requirements of article 
99 or, as the case may be, article 188. 
(2) An elected member of a House who has been elected as such otherwise 
than as a candidate set up by any political party shall be disqualified for being a 
member of the House if he joins any political party after such election. 
(3) A nominated member of a House shall be disqualified for being a 
member of the House if he joins any political party after the expiry of six 
months from the date on which he takes his seat after complying with the 
requirements of article 99 or, as the case may be, article 188. 
(4) Notwithstanding anything contained in the foregoing provisions of 
this paragraph, a person who, on the commencement of the Constitution (Fifty-
second Amendment) Act, 1985, is a member of a House (whether elected or 
nominated as such) shall,— 
(i) where he was a member of political party immediately before 
such commencement, be deemed, for the purposes of sub-paragraph (1) 
of this paragraph, to have been elected as a member of such House as a 
candidate set up by such political party; 
(ii) in any other case, be deemed to be an elected member of the 
House who has been elected as such otherwise than as a candidate set up 
by any political party for the purposes of sub-paragraph (2) of this 
paragraph or, as the case may be, be deemed to be a nominated member 
of the House for the purposes of sub-paragraph (3) of this paragraph. 
1*                       *                       *                       *                       *                            
4. Disqualification on ground of defection not to apply in case of 
merger.— (1) A member of a House shall not be disqualified under sub-
paragraph (1) of paragraph 2 where his original political party merges with 
another political party and he claims that he and any other members of his 
original political party— 
(a) have become members of such other political party or, as the 
case may be, of a new political party formed by such merger; or 
(b) have not accepted the merger and opted to function as a 
separate group, 
1. Paragraph 3 omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5 

(Tenth Schedule) 347
and from the time of such merger, such other political party or new political 
party or group, as the  case may be, shall be deemed to be the political party to 
which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to 
be his original political party for the purposes of this sub-paragraph. 
(2) For the purposes of  sub-paragraph (1) of this paragraph, the merger 
of the  original political party of a member of a House shall be deemed to have 
taken place if, and only if, not less than two-thirds of the members of the 
legislature party concerned have agreed to such merger. 
5. Exemption.— Notwithstanding anything contained in this Schedule,  a 
person who has been elected to the office of the Speaker or the Deputy Speaker 
of the House of the People or the Deputy Chairman of the Council  of States or 
the Chairman or the Deputy Chairman of the Legislative Council of a State or 
the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall 
not be disqualified under this Schedule,— 
(a) if he, by reason of his election to such office, voluntarily gives 
up the membership of the political party to which he belonged 
immediately before such election and does not, so long as he continues 
to hold such office thereafter, rejoin that political party or become a 
member of  another political party; or 
(b) if he, having given up by reason of his election to  such office his 
membership of the political party to which he belonged immediately before 
such  election, rejoins such political  party after he ceases to hold such office. 
6. Decision on questions as to disqualification on  ground of 
defection.— (1) If any question arises as to whether a member of  a House has 
become subject to disqualification  under this Schedule, the question shall be 
referred for the decision of the Chairman or, as the case may be, the Speaker of 
such House and his decision shall be final: 
Provided that where the question which has arisen is as to whether the 
Chairman or the Speaker of a House has become subject to such disqualification, 
the question shall be referred for the decision of such member of the House as the 
House may elect in this behalf and his decision shall be final. 
(2) All proceedings under sub-paragraph (1) of this paragraph in relation 
to any question as to disqualification of a member of a House under this 
Schedule shall be deemed to be proceedings in Parliament within the meaning 
of article 122 or, as the case may be, proceedings in the Legislature of a State 
within the meaning of article 212. 

(Tenth Schedule) 348
*7. Bar of jurisdiction of courts.— Notwithstanding anything in this 
Constitution, no court shall have any jurisdiction in respect of any matter 
connected with the disqualification of a member of a House under this Schedule. 
 8. Rules.—(1) Subject to the provisions of sub-paragraph (2) of this 
paragraph, the Chairman or the Speaker of a House may make rules for giving 
effect to the provisions of this Schedule, and in particular, and without 
prejudice to the generality of the foregoing, such rules may provide for— 
(a) the maintenance of registers or other records as to the political 
parties, if any, to which different members of the House belong; 
(b) the report which the leader of a legislature party in relation to a 
member of a House shall furnish with regard to any condonation of the 
nature referred to in clause ( b) of sub-paragraph (1) of paragraph 2 in 
respect of such member, the time within which and the authority to 
whom such report shall be furnished; 
(c) the reports which a political party shall furnish with regard to 
admission to such political party of any members of the House and the 
officer of the House to whom such reports shall be furnished; and 
(d) the procedure for deciding any question referred to in sub-
paragraph (1) of paragraph 6 including the procedure for any inquiry 
which may be made for the purpose of deciding such question. 
(2) The rules made by the Chairman or the Speaker of a House under 
sub-paragraph (1) of this paragraph shall be laid as soon as may be after they 
are made before the House for a total period of thirty days which may be 
comprised in one session or in two or more successive sessions and shall take 
effect upon the expiry of the said period of thirty days unless they are sooner 
approved with or without modifications or disapproved by the House and 
where they are so approved, they shall take effect on such approval in the form 
in which they were laid or in such modified form, as the case may be, and 
where they are so disapproved, they shall be of no effect. 
(3) The Chairman or the Speaker of a House may, without prejudice to 
the provisions of article 105 or, as the case may be, article 194, and to any other 
power which he may have under this Constitution direct that any wilful 
contravention by any person of the rules made under this paragraph may be 
dealt with in the same manner as a breach of privilege of the House.] 
 
*   Paragraph 7 declared  invalid for want of ratification in accordance with the proviso to clause (2) of 
article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and Others A.I.R. 1993        
SC 412. 

 3491[ELEVENTH SCHEDULE 
(Article 243G) 
1. Agriculture, including agricultural extension. 
2. Land improvement, implementation of land reforms, land 
consolidation and soil conservation. 
3. Minor irrigation, water management and watershed 
development. 
4. Animal husbandry, dairying and poultry. 
5. Fisheries. 
6. Social forestry and farm forestry. 
7. Minor forest produce. 
8. Small scale industries, including food processing industries. 
9. Khadi, village and cottage industries. 
10. Rural housing. 
11. Drinking water. 
12. Fuel and fodder. 
13. Roads, culverts, bridges, ferries, waterways and other means of          
communication. 
14. Rural electrification, including distribution of electricity. 
15. Non-conventional energy sources. 
16. Poverty alleviation programme. 
17. Education, including primary and secondary schools. 
18. Technical training and vocational education. 
19. Adult and non-formal education. 
20. Libraries. 
21. Cultural activities. 
22. Markets and fairs. 
23. Health and sanitation, including hospitals, primary health 
centres and   dispensaries. 
24. Family welfare. 
25. Women and child development. 
26.  Social welfare, including welfare of the handicapped and 
mentally retarded. 
27. Welfare of the weaker sections, and in particular, of the 
Scheduled Castes and the Scheduled Tribes. 
28. Public distribution system. 
1. Eleventh Schedule added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 
(w.e.f. 24-4-1993). 

THE CONSTITUTION OF  INDIA  
 35029.        Maintenance of community assets.]  

 3501[TWELFTH SCHEDULE 
(Article 243W) 
 
1. Urban planning including town planning. 
2. Regulation of land-use and construction of buildings. 
3. Planning for economic and social development. 
4. Roads and bridges. 
5. Water supply for domestic, industrial and commercial purposes. 
6. Public health, sanitation conservancy and solid waste 
management. 
7. Fire services. 
8. Urban forestry, protection of the environment and promotion of 
ecological aspects. 
9. Safeguarding the interests of weaker sections of society, 
including the handicapped and mentally retarded. 
10. Slum improvement and upgradation. 
11. Urban poverty alleviation. 
12. Provision of urban amenities and facilities such as parks, 
gardens, playgrounds. 
13. Promotion of cultural, educational and aesthetic aspects. 
14. Burials and burial grounds; cremations, cremation grounds; and 
electric crematoriums. 
15. Cattle pounds; prevention of cruelty to animals. 
16. Vital statistics including registration of births and deaths. 
17. Public amenities including street lighting, parking lots, bus stops 
and public conveniences. 
18. Regulation of slaughter houses and tanneries.] 
1. Twelfth Schedule added by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 4 
(w.e.f. 1-6-1993).  

 351APPENDIX I 
THE CONSTITUTION ( ONE HUNDREDTH AMENDMENT) 
ACT, 2015 
 [28th May, 2015.] 
An Act further to amend the Constitution of India to give effect to the acquiring 
of territories by India and transfer of certain territories to Bangladesh in 
pursuance of the agreement and its protocol entered into between the 
Governments of India and Bangladesh. 
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of 
India as follows:— 
1. Short title. —This Act may be called the Constitution (One Hundredth 
Amendment) Act, 2015.      
2.  Definitions. —In this Act,—                         
(a) “acquired territory” means so much of the territories comprised in 
the India-Bangladesh agreement and its protocol and referred to in the 
First Schedule as are demarcated for the purpose of being acquired by 
India from Bangladesh in pursuance of the agreement and its protocol 
referred to in clause ( c); 
(b) “appointed day” means such date as the Central Government 
may, by notification in the Official Gazette, appoint as the date for 
acquisition of territories from  Bangladesh and transfer of the territories to 
Bangladesh in pursuance of the India-Bangladesh agreement and its 
protocol, after causing the territories to be so acquired  and transferred as 
referred to in the First Schedule and Second Schedule and demarcated  for 
the purpose; 
(c) “India-Bangladesh agreement” means the agreement between the 
Government  of the Republic of India and the Government of the People’s 
Republic of Bangladesh  concerning the Demarcation of the Land 
Boundary between India and Bangladesh  and Related Matters dated the 
16th day of May, 1974, Exchange of Letters dated the  26th day of 
December, 1974, the 30th day of December, 1974, the 7th day of October,  
1982, the 26th day of March, 1992 and protocol to the said agreement dated 
the 6th day  of September, 2011, entered into between the Governments of 
India and Bangladesh,  the relevant extracts of which are set out in the 
Third Schedule; 
 31st day of July, 2015, vide notification No. S.O. 2094(E), dated 31st July, 2015.  

(Appendix I)  
 352
(d) “transferred territory”, means so much of the territories 
comprised in the  India-Bangladesh agreement and its protocol and 
referred to in the Second Schedule  as are demarcated for the purpose of 
being transferred by India to Bangladesh in  pursuance of the 
agreements and its protocol referred to in clause ( c). 
3. Amendment of  First  Schedule  to Constitution .— As from the 
appointed day, in the First Schedule to the Constitution,— 
(a) in the paragraph relating to the territories of the State of  
Assam, the words, brackets and figures “and the territories referred to in 
Part I of the Second Schedule to the Constitution (One Hundredth 
Amendment) Act, 2015, notwithstanding anything contained in clause 
(a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far 
as it relates to the territories referred to in Part I of the Second Schedule 
to the Constitution (One Hundredth Amendment) Act, 2015”, shall be 
added at the end; 
(b) in the paragraph relating to the territories of the State of West 
Bengal, the words, brackets and figures “and also the territories referred to 
in Part III of the First Schedule but excluding the territories referred to in 
Part III of the Second Schedule to the Constitution (One Hundredth 
Amendment) Act, 2015, notwithstanding anything contained in clause ( c) 
of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it 
relates to the territories referred to in Part III of the First Schedule and the 
territories referred to in Part III of the Second Schedule to the 
Constitution (One Hundredth Amendment) Act, 2015”, shall be added at 
the end; 
(c) in the paragraph relating to the territories of the State of 
Meghalaya, the words, brackets and figures “and the territories referred to in 
Part I of the First Schedule but excluding the territories referred to in Part 
II of the Second Schedule to the Constitution (One Hundredth 
Amendment) Act, 2015”, shall be added at the end; 
(d) in the paragraph relating to the territories of the State of Tripura, 
the words, brackets and figures “and the territories referred to in Part II of the 
First Schedule to the Constitution (One Hundredth Amendment) Act, 
2015, notwithstanding anything contained in clause ( d) of section 3 of the 
Constitution (Ninth Amendment) Act, 1960, so far as it relates to the 
territories referred to in Part II of the First Schedule to the Constitution 
(One Hundredth Amendment) Act, 2015”, shall be added at the end. 

 353
THE FIRST SCHEDULE 
[See sections 2 (a), 2(b) and 3] 
PA R T     I 
The acquired territory in relation to Article 2 of the agreement dated the 
16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the 
6th day of September, 2011. 
PA RT   I I 
16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of 
September, 2011. 
PART   III 
The acquired territory in relation to Articles 1(12) and 2 of the agreement 
dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the 
protocol dated the 6th day of September, 2011. 
 
THE SECOND SCHEDULE 
[See sections 2 (b), 2(d) and 3] 
PA R T    I 
The transferred territory in relation to Article 2 of the agreement dated 16th 
day of May, 1974 and Article 3 (I) (d) (i) (ii) of the protocol dated 6th day of 
PA RT    I I 
The transferred territory in relation to Article 2 of the agreement dated the 
16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of 
PART  III 
The transferred territory in relation to Articles 1(12) and 2 of the 
agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi) 
of the protocol dated the 6th day of September, 2011. 
 
 354
THE THIRD SCHEDULE 
[See section 2( c)] 
I. EXTRACTS FROM THE AGREEMENT BETWEEN GOVERNMENT OF 
THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE'S 
REPUBLIC OF BANGLADESH CONCERNING THE DEMARCATION OF 
THE LAND BOUNDARY BETWEEN INDIA AND BANGLADESH AND 
RELATED MATTERS DATED THE 16TH DAY OF MAY, 1974 
Article 1 (12):  ENCLAVES 
The Indian enclaves in Bangladesh and the Bangladesh enclaves in India 
should be exchanged expeditiously, excepting the enclaves mentioned in paragraph 
14 without claim to compensation for the additional area going to Bangladesh. 
Article 2: 
The Governments of India and Bangladesh agree that territories in adverse 
possession in areas already demarcated in respect of which boundary strip maps 
are already prepared, shall be exchanged within six months of the signing of the 
boundary strip maps by the plenipotentiaries. They may sign the relevant maps 
as early as possible as and in any case not later than the 31st December, 1974. 
Early measures may be taken to print maps in respect of other areas where 
demarcation has already taken place. These should be printed by the 31st May, 
1975 and signed by the plenipotentiaries thereafter in order that the exchange of 
adversely held possessions in these areas may take place by the 31st December, 
1975. In sectors still to be demarcated, transfer of territorial jurisdiction may 
take place within six months of the signature by plenipotentiaries on the 
concerned boundary strip maps. 
II. EXTRACTS FROM THE PROTOCOL TO THE AGREEMENT 
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND 
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH 
CONCERNING THE DEMARCATION OF THE LAND BOUNDARY 
BETWEEN INDIA AND BANGLADESH AND RELATED MATTERS, 
DATED THE 6TH DAY OF SEPTEMBER, 2011 
Article 2: 
(II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as 
follows:— 

 355
Enclaves 
111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India 
as per the jointly verified cadastral enclave maps and signed at the level of 
DGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be 
exchanged without claim to compensation for the additional areas going to 
Bangladesh. 
Article 3: 
(I) Article 2 of the 1974 Agreement shall be implemented as follows:— 
The Government of India and the Government of Bangladesh agree 
that the boundary shall be drawn as a fixed boundary for territories held in 
Adverse Possession as determined through joint survey and fully depicted 
in the respective adversely possessed land area Index Map (APL map) 
finalised by the Land Records and Survey Departments of both the 
countries between December, 2010 and August, 2011, which are fully 
described in clause (a) to (d) below. 
The relevant strip maps shall be printed and signed by the 
Plenipotentiaries and transfer of territorial jurisdiction shall be completed 
simultaneously with the exchange of enclaves. The demarcation of the 
boundary, as depicted in the above-mentioned Index Maps, shall be as 
under:— 
 (a)   West Bengal Sector  
(i)   Bousmari – Madhugari (Kushtia-Nadia) area  
The boundary shall be drawn from the existing 
Boundary Pillar Nos. 154/5-S to 157/1-S to follow the 
centre of old course of river Mathabanga, as depicted 
in consolidation map of 1962, as surveyed jointly and 
agreed in June, 2011. 
 (ii)    Andharkota (Kushtia-Nadia) area  
The boundary shall be drawn from existing 
Boundary Pillar No. 152/5-S to Boundary Pillar No. 
153/1-S to follow the edge of existing River 
Mathabanga as jointly surveyed and agreed in June, 
2011. 

 356
 
(iii)   Pakuria (Kushtia-Nadia) area  
Boundary Pillar No. 151/1-S to Boundary Pillar No. 
152/2-S to follow the edge of River Mathabanga as 
jointly surveyed and agreed in June, 2011. 
(iv)   Char Mahishkundi (Kushtia-Nadia) area  
Boundary Pillar No. 153/1-S to Boundary Pillar No. 
153/9-S to follow the edge of River Mathabanga as 
(v) Haripal/Khutadah/Battoli/Sapameri/LNpur (Patari) 
(Naogaon-Malda) area  
The boundary shall be drawn as line joining 
from existing Boundary Pillar No. 242/S/13, to 
Boundary Pillar No. 243/7-S/5 and as jointly 
surveyed and agreed in June, 2011. 
(vi)   Berubari (Panchagarh-Jalpaiguri area)  
The boundary in the area Berubari 
(Panchagarh-Jalpaiguri) adversely held by 
Bangladesh, and Berubari and Singhapara-Khudipara 
(Panchagarh-Jalpaiguri), adversely held by India shall 
be drawn as jointly demarcated during 1996-1998. 
(b)     Meghalaya Sector  
(i)   Lobachera-Nuncherra  
The boundary from existing Boundary Pillar 
No. 1315/4-S to Boundary Pillar No. 1315/15-S in 
Lailong - Balichera, Boundary Pillar No. 1316/1-S to 
Boundary Pillar No. 1316/11-S in Lailong- Noonchera, 
Boundary Pillar No. 1317 to Boundary Pillar No. 
1317/13-S in Lailong- Lahiling and Boundary Pillar 
No. 1318/1-S to Boundary Pillar No. 1318/2-S in 
Lailong- Lobhachera shall be drawn to follow the edge 
of tea gardens as jointly surveyed and agreed in 
December, 2010.  

 357
(ii)     Pyrdiwah/ Padua Area  
Boundary Pillar No. 1270/1-S as per jointly surveyed 
and mutually agreed line till Boundary Pillar No. 
1271/1-T. The Parties agree that th e Indian Nationals 
from Pyrdiwah village shall be allowed to draw water 
from Piyang River near point No. 6 of the agreed 
Map. 
(iii)   Lyngkhat Area  
(aa) Lyngkhat-I/Kulumcherra and Lyngkhat-
II/ Kulumcherra  
The boundary shall be drawn from 
existing Boundary Pillar No. 1264/4-S to 
Boundary Pillar No. 1265 and BP No. 1265/6-S to 
1265/9-S as per jointly surveyed and mutually 
agreed line. 
(ab) Lyngkhat-III/Sonarhat  
existing Boundary Pillar No. 1266/13-S along 
the nallah southwards till it meets another 
nallah in the east-west direction, thereafter it 
shall run along the northern edge of the nallah in 
east till it meets the existing International 
Boundary north of Reference Pillar 
Nos.1267/4-R-B and 1267/3-R-I. 
(iv)   Dawki/Tamabil area  
The boundary shall be drawn by a straight line 
joining existing Boundary Pillar Nos. 1275/1-S to 
Boundary Pillar Nos. 1275/7-S. The Parties agree to 
fencing on ‘zero line’ in this area. 

 358
(v)  Naljuri/Sreepur Area  
(aa) Naljuri I 
The boundary shall be a line from the 
existing Boundary Pillar No. 1277/2-S in 
southern direction up to three plots as 
depicted in the strip Map No. 166 till it meets 
the nallah flowing from Boundary Pillar No. 
1277/5-T, thereafter it will run along the western 
edge of the nallah in the southern direction up 
to 2 plots on the Bangladesh side, thereafter it 
shall run eastwards till it meets a line drawn in 
southern direction from Boundary Pillar No. 
1277/4-S. 
(ab) Naljuri III  
The boundary shall be drawn by a 
straight line from existing Boundary Pillar No. 
1278/2-S to Boundary Pillar No. 1279/ 3-S. 
(vi)   Muktapur/ Dibir Hawor Area  
The Parties agree that the Indian Nationals shall 
be allowed to visit Kali Mandir and shall also be 
allowed to draw water and exercise fishing rights in 
the water body in the Muktapur / Dibir Hawor area 
from the bank of Muktapur side. 
(c) Tripura Sector  
Chandannagar-Champarai Tea Garden area in 
Tripura/ Moulvi Bazar sector  
The boundary shall be drawn along Sonaraichhera 
river from existing Boundary Pillar No. 1904 to Boundary 
Pillar No. 1905 as surveyed jointly and agreed in July, 2011. 

 359
 
(d)  Assam Sector  
(i)  Kalabari (Boroibari) area in Assam sector  
Boundary Pillar No. 1066/24-T to Boundary Pillar 
No. 1067/16-T as surveyed jointly and agreed in 
August, 2011. 
(ii)   Pallathal area in Assam sector  
Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the 
outer edge of the tea garden and from Boundary Pillar 
No. 1372 to 1373/2-S along outer edge of the pan 
plantation. 
III. LIST OF EXCHANGE OF ENCLAVES BETWEEN INDIA AND 
BANGLADESH IN PURSUANT TO ARTICLE 1 (12) OF THE AGREEMENT 
DATED 16TH MAY, 1974 AND THE PROTOCOL TO THE AGREEMENT 
DATED 6TH SEPTEMBER, 2011 
A.    EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH 
AREA 
Sl.      Name of Chhits 
No. Chhit No. Lying within 
Police station 
Bangladesh Lying within 
W. Bengal Area 
in 
acres 
1 2 3 4 5       6 
A. Enclaves with independent chhits  
1. Garati 75 Pochagar Haldibari 58.23 
2. Garati 76 Pochagar Haldibari 0.79 
3. Garati 77 Pochagar Haldibari 18 
4. Garati 78 Pochagar Haldibari 958.66 
5. Garati 79 Pochagar Haldibari 1.74 
6. Garati 80 Pochagar Haldibari 73.75 
7. Bingimari Part-I 73 Pochagar Haldibari 6.07 

 360
1 2 3 4 5        6 
8. Nazirganja 41 Boda Haldibari 58.32 
9. Nazirganja 42 Boda Haldibari 434.29 
10. Nazirganja 44 Boda Haldibari 53.47 
11. Nazirganja 45 Boda Haldibari 1.07 
12. Nazirganja 46 Boda Haldibari 17.95 
13. Nazirganja 47 Boda Haldibari 3.89 
14. Nazirganja 48 Boda Haldibari 73.27 
15. Nazirganja 49 Boda Haldibari 49.05 
16. Nazirganja 50 Boda Haldibari 5.05 
17. Nazirganja 51 Boda Haldibari 0.77 
18. Nazirganja 52 Boda Haldibari 1.04 
19. Nazirganja 53 Boda Haldibari 1.02 
20. Nazirganja 54 Boda Haldibari 3.87 
21. Nazirganja 55 Boda Haldibari 12.18 
22. Nazirganja 56 Boda Haldibari 54.04 
23. Nazirganja 57 Boda Haldibari 8.27 
24. Nazirganja 58 Boda Haldibari 14.22 
25. Nazirganja 60 Boda Haldibari 0.52 
26. Putimari 59 Boda Haldibari 122.8 
27. Daikhata Chhat 38 Boda Haldibari 499.21 
28. Salbari 37 Boda Haldibari 1188.93 
29. Kajal Dighi 36 Boda Haldibari 771.44 
30. Nataktoka 32 Boda Haldibari 162.26 
31. Nataktoka 33 Boda Haldibari 0.26 
32. Beuladanga 
Chhat 35 Boda Haldibari 0.83 
33. Balapara 
Iagrabar 3 Debiganj Haldibari 1752.44 
34. Bara 
Khankikharija 
Citaldaha 30 Dimla Haldibari 7.71 

 361
1 2 3 4 5        6 
35. Bara 
Citaldaha 29 Dimla Haldibari 36.83 
36. Barakhangir 28 Dimla Haldibari 30.53 
37. Nagarjikobari 31 Dimla Haldibari 33.41 
38. Kuchlibari 26 Patgram Mekliganj 5.78 
39. Kuchlibari 27 Patgram Mekliganj 2.04 
40. Bara Kuchlibari Fragment 
of J.L.107 
of  P.S 
Mekliganj Patgram Mekliganj 4.35 
41. Jamaldaha-
Balapukhari 6 Patgram Mekliganj 5.24 
42. Uponchowki 
kuchlibari 115/2 Patgram Mekliganj 0.32 
43. Uponchowki 
kuchlibari 7 Patgram Mekliganj 44.04 
44. Bhothnri 11 Patgram Mekliganj 36.83 
45. Balapukhari 5 Patgram Mekliganj 55.91 
46. Bara Khangir 4 Patgram Mekliganj 50.51 
47. Bara Khangir 9 Patgram Mekliganj 87.42 
48. Chhat Bogdokra 10 Patgram Mekliganj 41.7 
49. Ratanpur 11 Patgram Mekliganj 58.91 
50. Bogdokra 12 Patgram Mekliganj 25.49 
51. Fulker Dabri Fragment 
of J.L. 107 
of P.S 
Mekliganj Patgram Mekliganj 0.88 

 362
1 2 3 4 5      6 
52. Kharkharia 15 Patgram Mekliganj 60.74 
53. Kharkharia 13 Patgram Mekliganj 51.62 
54. Lotamari 14 Patgram Mekliganj 110.92 
55. Bhotbari 16 Patgram Mekliganj 205.46 
56. Komat 
Changrabandha 16A Patgram Mekliganj 42.8 
57. Komat 
Changrabandha 17A Patgram Mekliganj 16.01 
58. Panisala 17 Patgram Mekliganj 137.66 
59. Dwarikamari 
Khasbash 18 Patgram Mekliganj 36.5 
60. Panisala 153/P Patgram Mekliganj 0.27 
61. Panisala 153/O Patgram Mekliganj 18.01 
62. Panisala 19 Patgram Mekliganj 64.63 
63. Panisala 21 Patgram Mekliganj 51.4 
64. Lotamari 20 Patgram Mekliganj 283.53 
65. Lotamari 22 Patgram Mekliganj 98.85 
66. Dwarikamari 23 Patgram Mekliganj 39.52 
67. Dwarikamari 25 Patgram Mekliganj 45.73 
68. Chhat Bhothat 24 Patgram Mekliganj 56.11 
69. Baakata 131 Patgram Hathabhanga 22.35 
70. Baakata 132 Patgram Hathabhanga 11.96 
71. Baakata 130 Patgram Hathibhanga 20.48 
72. Bhogramguri 133 Patgram Hathibhanga 1.44 
73. Chenakata 134 Patgram Mekliganj 7.81 
74. Banskata 119 Patgram Mathabanga 413.81 
75. Banskata 120 Patgram Mathabanga 30.75 
76. Banskata 121 Patgram Mathabanga 12.15 
77. Banskata 113 Patgram Mathabanga 57.86 
78. Banskata 112 Patgram Mathabanga 315.04 
79. Banskata 114 Patgram Mathabanga 0.77 

 363
1 2 3 4 5       6 
80. Banskata 115 Patgram Mathabanga 29.2 
81. Banskata 122 Patgram Mathabanga 33.22 
82. Banskata 127 Patgram Mathabanga 12.72 
83. Banskata 128 Patgram Mathabanga 2.33 
84. Banskata 117 Patgram Mathabanga 2.55 
85. Banskata 118 Patgram Mathabanga 30.98 
86. Banskata 125 Patgram Mathabanga 0.64 
87. Banskata 126 Patgram Mathabanga 1.39 
88. Banskata 129 Patgram Mathabanga 1.37 
89. Banskata 116 Patgram Mathabanga 16.96 
90. Banskata 123 Patgram Mathabanga 24.37 
91. Banskata 124 Patgram Mathabanga 0.28 
92. Gotamari Chhit 135 Hatibandha Sitalkuchi 126.59 
93. Gotamari Chhit 136 Hatibandha Sitalkuchi 20.02 
94. Banapachai 151 Lalmonirhat Dinhata 217.29 
95. Banapachai 
Bhitarkuthi 152 Lalmonirhat Dinhata 81.71 
96. Dasiar Chhara 150 Fulbari Dinhata 1643.44 
97. Dakurhat- 
Dakinirkuthi 156 Kurigram Dinhata 14.27 
98. Kalamati 141 Bhurungamari Dinhata 21.21 
99. Bhahobganj 153 Bhurungamari Dinhata 31.58 
100. Baotikursa 142 Bhurungamari Dinhata 45.63 
101. Bara Coachulka 143 Bhurungamari Dinhata 39.99 
102. Gaochulka II 147 Bhurungamari Dinhata 0.9 
103. Gaochulka I 146 Bhurungamari Dinhata 8.92 
104. Dighaltari II 145 Bhurungamari Dinhata 8.81 
105. Dighaltari I 144 Bhurungamari Dinhata 12.31 
106. Chhoto 
Garaljhora II 149 Bhurungamari Dinhata 17.85 

 364
1 2 3 4 5       6 
107. Chhoto 
Garaljhora I 148 Bhurungamari Dinhata 35.74 
108. 1 chhit without 
name & JL No. 
at the southern 
and of JL No. 38 
& southern and 
of JL No. 39 
(locally known 
as Ashokabari*)  Patgram Mathabhanga 3.5 
 
Enclaves with Fragmented Chhits 
109. (i) Bewladanga 34 Haldibari Boda 862.46 
 (ii) Bewladanga Fragment Haldibari Debiganj  
110. (i) Kotbhajni 2 Haldibari Debiganj 2012.27 
 (ii) Kotbhajni Fragment Haldibari Debiganj  
 (iii) Kotbhajni Fragment Haldibari Debiganj  
 (iv) Kotbhajni Fragment Haldibari Debiganj  
111. (i) Dahala Khagrabri Haldibari Debiganj 2650.35 
 (ii) Dahala Fragment Haldibari Debiganj  
 (iii) Dahala Fragment Haldibari Debiganj  
 (iv) Dahala Fragment Haldibari Debiganj  
 Corrected vide 150th (54th) India-Bangladesh Boundary Conference held at Kolkata 
from 29th September to 2nd October, 2002.  
* Corrected vide 152nd (56th) India-Bangladesh Boundary Conference held at 
Kochbihar,  India from 18th—20th September, 2003. 
 
 365
1 2 3 4 5     6 
 (v) Dahala Fragment Haldibari Debiganj  
 (vi) Dahala Fragment Haldibari Debiganj  
    17160.63 
The above given details of enclaves have been jointly compared and 
reconciled with records held by India and Bangladesh during the Indo-
Bangladesh Conference held at Calcutta during 9th—12th October, 1996 as well as 
during joint field inspection at Jalpaiguri (West Bengal) Panchagarh (Bangladesh) 
sector during 21—24 November, 1996. 
Note: Name of enclave in Sl. No. 108 above has been identified as 
Ashokabari by joint ground verification during field season 1996-97.  
 
Brig. J.R. Peter 
Director Land Records & Survey   
(Ex-Officio ) West Bengal, India & 
Director, Eastern Circle Survey of 
India, Calcutta. Md. Shafi Uddin 
Director-General, Land Records 
and Surveys, Bangladesh. 
B. EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA  
Sl. 
No.     Name of Chhits  Lying within 
W. Bengal Lying within 
Bangladesh J.L.   
No. Area 
in 
acres 
1 2       3 4 5    6 
A. Enclaves with independent chhits 
1. Chhit Kuchlibari Mekliganj Patgram 22 370.64 
2. Chhit Land of 
Kuchlibari Mekliganj Patgram 24 1.83 
3. Balapukhari Mekliganj Patgram 21 331.64 
4. Chhit Land of Panbari 
No. 2 Mekliganj Patgram 20 1.13 

 366
1 2 3 4 5      6 
5. Chhit Panbari Mekliganj Patgram 18 108.59 
6. Dhabalsati Mirgipur Mekliganj Patgram 15 173.88 
7. Bamandal Mekliganj Patgram 11 2.24 
8. Chhit Dhabalsati Mekliganj Patgram 14 66.58 
9. Dhabalsati Mekliganj Patgram 13 60.45 
10. Srirampur Mekliganj Patgram 8 1.05 
11. Jote Nijjama Mekliganj Patgram 3 87.54 
12. Chhit Land of 
Jagatber No. 3 Mathabhanga Patgram 37 69.84 
13. Chhit Land of 
Jagatber No.1 Mathabhanga Patgram 35 30.66 
14. Chhit Land of 
Jagatber No. 2 Mathabhanga Patgram 36 27.09 
15. Chhit Kokoabari Mathabhanga Patgram 47 29.49 
16. Chhit Bhandardaha Mathabhanga Patgram 67 39.96 
17. Dhabalguri Mathabhanga Patgram 52 12.5 
18. Chhit Dhabalguri Mathabhanga Patgram 53 22.31 
19. Chhit Land of 
Dhabalguri No. 3 Mathabhanga Patgram 70 1.33 
20. Chhit Land of 
Dhabalguri No. 4 Mathabhanga Patgram 71 4.55 
21. Chhit Land of 
Dhabalguri No. 5 Mathabhanga Patgram 72 4.12 
22. Chhit Land of 
Dhabalguri No. 1 Mathabhanga Patgram 68 26.83 
23. Chhit Land of 
Dhabalguri No. 2 Mathabhanga Patgram 69 13.95 
24. Mahishmari Sitalkuchi Patgram 54 122.77 
25. Bura Saradubi Sitalkuchi Hatibandha 13 34.96 

 367
1 2 3 4 5      6 
26. Falnapur Sitalkuchi Patgram 64 505.56 
27. Amjhol Sitalkuchi Hatibandha 57 1.25 
28. Kismat Batrigachh Dinhata Kaliganj 82 209.95 
29. Durgapur Dinhata Kaliganj 83 20.96 
30. Bansua Khamar 
Gitaldaha Dinhata Lalmonirhat 1 24.54 
31. Poaturkuthi Dinhata Lalmonirhat 37 589.94 
32. Paschim Bakalir 
Chhara Dinhata Bhurungamari 38 151.98 
33. Madhya Bakalir 
Chhara Dinhata Bhurungamari 39 32.72 
34. Purba Bakalir 
Chhara Dinhata Bhurungamari 40 12.23 
35. Madhya Masaldanga Dinhata Bhurungamari 3 136.66 
36. Madhya Chhit 
Masaldanga Dinhata Bhurungamari 8 11.87 
37. Paschim Chhit 
Masaldanga Dinhata Bhurungamari 7 7.6 
38. Uttar Masaldanga Dinhata Bhurungamari 2 27.29 
39. Kachua Dinhata Bhurungamari 5 119.74 
40. Uttar Bansjani Tufanganj Bhurungamari 1 47.17 
41. Chhat Tilai Tufanganj Bhurungamari 17 81.56 
B. Enclaves with Fragmented Chhits  
42. (i) Nalgram Sitalkuchi Patgarm 65 1397.34 
 (ii) Nalgram 
(Fragment) Sitalkuchi Patgarm 65  
 (iii) Nalgram 

 368
1 2 3 4 5      6 
43. (i) Chhit Nalgram Sitalkuchi Patgarm 66 49.5 
 (ii) Chhit Nalgram 
(Fragment) Sitalkuchi Patgarm 66  
44. (i) Batrigachh Dinhata Kaliganj 81 577.37 
 (ii) Batrigachh 
(Fragment) Dinhata Kaliganj 81  
 (iii) Batrigachh 
(Fragment) Dinhata Phulbari 9  
45. (i) Karala Dinhata Phulbari 9 269.91 
 (ii) Karala (fragment) Dinhata Phulbari 9  
 (iii) Karala (fragment) Dinhata Phulbari 8  
46. (i) Sipprasad Mustati Dinhata Phulbari 8 373.2 
 (ii) Sipprasad Mustati 
(Fragment) Dinhata Phulbari 6  
47. (i) Dakshin 
Masaldanga Dinhata Bhurungamari 6 571.38 
 (ii) Dakshin 
Masaldanga 
(Fragment) Dinhata Bhurungamari 6  
 (iii) Dakshin 
 (iv) Dakshin 
 (v) Dakshin 
 (vi) Dakshin 

 369
 
1 2 3 4 5      6 
48. (i) Paschim 
Masaldanga Dinhata Bhurungamari 4 29.49 
 (ii) Paschim 
Masaldanga (Fragment) Dinhata Bhurungamari 4  
49. (i) Purba Chhit 
Masaldanga Dinhata Bhurungamari 10 35.01 
 (ii) Purba Chhit 
Masaldanga (Fragment) Dinhata Bhurungamari 10  
50. (i) Purba Masaldanga Dinhata Bhurungamari 11 153.89 
 (ii) Purba Masaldanga 
(Fragment) Dinhata Bhurungamari 11  
51. (i) Uttar Dhaldanga Tufanganj Bhurungamari 14 24.98 
 (ii) Uttar Dhaldanga 
(Fragment) Tufanganj Bhurungamari 14  
 (iii) Uttar Dhaldanga 
 Total Area   7,110.02 
 
during joint field inspection at Jalpaiguri (West Bengal) – Panchagarh (Bangladesh) 
 
Director Land Records & Survey ( Ex 
officio) West Bengal, India & Director, 
Eastern Circle Survey of India, 
Calcutta. Md. Shafi Uddin 
Director General, Land Records 
      
 370APPENDIX  II 
1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) 
ORDER, 2019 
C.O. 272 
In exercise of the powers conferred by clause (1) of article 370 of the 
Constitution, the President, with the concurrence of the Government of State of 
Jammu and Kashmir, is pleased to make the following Order:—  
1. (1) This Order may be called the Constitution (Application to Jammu 
and Kashmir) Order, 2019.  
(2) It shall come into force at once, and shall thereupon supersede the 
Constitution (Application to Jammu and Kashmir) Order, 1954 as amended 
from time to time.  
2. All the provisions of the Constitution, as amended from time to time, 
shall apply in relation to the State of Jammu and Kashmir and the exceptions 
and modifications subject to which they shall so apply shall be as follows:– 
To article 367, there shall be added the following clause, namely:― 
“(4) For the purposes of this Constitution as it applies in relation 
to the State of Jammu and Kashmir–  
(a) references to this Constitution or to the 
provisions thereof shall be construed as references to the 
Constitution or the provisions thereof as applied in relation 
to the said State;  
(b) references to the person for the time being 
recognized 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, shall be 
construed as references to the Governor of Jammu and 
Kashmir;  
(c) references to the Government of the said State 
shall be construed as including references to the Governor 
of Jammu and Kashmir acting on the advice of his Council 
of Ministers; and  
(d) in proviso to clause (3) of article 370 of this 
Constitution, the expression “Constituent Assembly of the 
State referred to in clause (2)” shall read “Legislative 
Assembly of the State”.” 
1.Published with the Ministry of Law and Justice, (Legislative Department) notification 
No. G.S.R. 551 (E), dated the 5th August, 2019, Gazette of India, Extraordinary, Part 
II, Section 3, Sub-section (i). 

 371APPENDIX III 
1DECLRATION UNDER ARTICLE 370(3) OF THE CONSTITUTION 
C.O. 273 
In exercise of the powers conferred by clause (3) of article 370  read 
with clause (1)  of article 370 of the Constitution of India, the President, on the 
recommendation of Parliament, is pleased to declare that, as from the 6th 
August, 2019, all clauses of the said article 370 shall cease to be operative 
except  the following which shall read as under, namely :—  
“370. All provisions of this Constitution, as amended from time to 
time, without any modifications or exceptions, shall apply to the State of 
Jammu and Kashmir notwithstanding anything contrary contained in 
article 152 or article 308 or any other article of this Constitution or any 
other provision of the Constitution of Jammu and Kashmir or any law, 
document, judgement, ordinance, order, by-law, rule, regulation, 
notification, custom or usage having the force of law in the territory of 
India, or any other instrument, treaty or agreement as envisaged under 
article 363 or otherwise.”. 
No. G.S.R. 562(E), dated the 6th August, 2019, Gazette of India, Extraordinary, Part II, 
Section 3, Sub-section (i). 