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REGISTERED No. L. 3133

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, FEBRUARY 26, 1948

CONSTITUENT ASSEMBLY OF INDIA.

New Delhi, the 26th February. 1948.

No. CA/99/Cons./47.—The Draft Constitution of India, as settled by the Drafting Committee of the Constituent Assembly, together with a letter from the Chairman of the Committee to the President of the Constituent Assembly, is hereby published for general information. The Draft will be taken into consideration at the next session of the Constituent. Assembly:—

New Delhi, 21st February, 1948.

To

The Hon'ble The PRESIDENT of the Constituent Assembly of India, New Delhi.

Dear Sir,

Introductory.—On behalf of the Drafting Com- mittee appointed by the resolution of the Constituent Assembly of August 29, 1947, I submit herewith the Draft of the new Constitution of India as settled by the Committee.

Although I have been authorized to sign the; Draft on behalf of the members of the Committee, I should make it clear that not all the members were present at all the meetings of the Committee. But at every meeting at which any decision was taken the necessary quorum was present and the decisions were either unanimous or by a majority of those? present.

127

In preparing the Draft the Drafting Committee was of course expected to follow the decisions taken by the Constituent Assembly or by the various Com- mittees appointed by the Constituent Assembly* This the Drafting Committee has endeavoured lav-do as far as possible. There were however some matters in respect of which the Drafting Committee felt it necessary to suggest certain changes. All such changes have been indicated in the Draft by underlining or side-lining the relevant portions. Care has also been taken by the Drafting Cdmmittee to insert a footnote explaining the reasons for every such change. I however think that, having regard to the importance of the matter, I should draw your attention and the attention of the Constituent Assembly to the most important of these changes.

2. Preamble.—The Objectives Resolution adopted by the Constituent Assembly in January, 1947, declares that India is to be a Sovereign Indepen- dent Republic. The Drafting Committee has adopter the phrase Sovereign Democratic Republic, because independence is usually implied in the word "Sovereign", so that there is hardly anything to be gained by adding the word "Independent. The question of the relationship between this Democratic Republic and the British Commonwealth of Nations remains to be decided subsequently.

The Committee has added a clause about frater- nity in the preamble, although it does not occur in the Objectives Resolution. The Committee felt that the need for fraternal concord and goodwill In India was never greater than now and that this particular aim of the new Constitution should be emphasised by special mention in the preamble.

In other respects the Committee has tried to embody in the preamble the spirit and, as far as possible, the language of the Objectives Resolution.

rtiole 1

3. Description of India.—In article 1 of the Draft, India has been described as a Union of States. For uniformity the Committee has thought it desirable to describe the Units of the Union in the new Constitution as States, whether they are known at

present as Governors' Provinces, or Chief Commis- sioners' Provinces or Indian States. Some difference between the Units there will undoubtedly remain Bven in the new Constitution; and in order to mark this difference, the Committee has divided the States Into three classes: those enumerated in Part I of the First Schedule, those enumerated in Part II, and those enumerated in Part III. These correspond respectively to the existing Governors' Provinces, Chief Commissioners' Provinces and Indian States.

It will be noticed that the Committee has used the term Union instead of Federation. Nothing much turns on the name, but the Committee has pre- ferred to follow the language of the preamble to the British North America Act, 1867, and considered that there are advantages in describing India as a Union although its Constitution may be federal In structure.

.clee 8 & ft 4. Citizenship.—The Committee has given anxious and prolonged consideration to the question of citizenship of the Union. The Committee has thought it necessary that, in order to be a citizen of the Union at its inception, a person must have some kind of territorial connection with the Union whether by birth, or descent, or domicile. The Committee doubts whether it will be wise to admit as citizens those who, without any such connection with the territory of India, may be prepared to swear allegi- ance to the Union; for if other States were to copy such a provision, we might have within the Union a large number of persons who, though born and permanently resident therein, would owe allegiance to a foreign State. The Committee has, however, kept in view the requirements of the large number of displaced persons who have had to migrate to India within recent months, and has provided for them a specially easy mode of acquiring domicile and, thereby, citizenship. What they have to do (assum- ing that they or either of their parents or any of their grand-parents were born in India or Pakistan) is—

(a) to declare before a District Magistrate in India that they desire to acquire a domi- cile in India, and

(b) to reside in India for at least a month before

the declaration.

Articles 7 to 27

5. Fundamental Bights.—The Committee . has attempted to make these rights and the limitations to which they must necessarily be subject as definite as possible, since the courts may have to pronounce linnn thorn.

A^iiaal 59 6. Powers of the President of the Unior Committee has considered it desirable to that the President should have power to si remit or commute death sentences passed Indian State, as in other Units, without prej to the powers of the Ruler.

Article 278 It will be remembered that the new Oonstitu' empowers the Governor, in certain circumstanc to issue a proclamation suspending certain pro\ sions of the Constitution; he can do so only for : period of two weeks and is required to report the matter to the President. The Committee has provid- ed that upon receipt of the report the President may either revoke the proclamation or issue a fresh pro- clamation of his own, the effect of which will be to put the Central Executive in the place of the State Executive and the Central Legislature in the place of the State Legislature. In fact, the State con- cerned will become a centrally administered area for the duration of the proclamation. This replaces the "Section 93 regime" under the Act ol 1985.

Artiole 60 7. Executive Power In respect of Concurrent List subjects.—Under the present Constitution, executive authority in respect of a Concurrent List subject vests in the Province subject in certain matters to the power of the Centre to give direc- tions as to how the executive authority shall be exer- cised, vide Parts I & II of the Concurrent Legisla- tive List in the Seventh Schedule to the Govern- ment of India Act, 1936. In the Draft Constitu- tion the Committee has departed slightly from this plan and has provided that the executive power shall vest in the Province (now called the State) "save as expressly provided in this Constitution or Dy any law made by Parliament." The effect of this saving clause is that it will be open to the Union

f r r rw nkw/vw n* F M H TA T?,VPHAffR.TifNrAU.v W,T) 9P, ifUft l ai

Parliament under the new Constitution to confer executive power on Union authorities, or, if neces- sary, to empower Union authorities to give directions as to how executive power shall be exercised by State authorities. In making this provision the Com- mittee has kept in view the principle that executive authority should for the most part be co-extensive with legislative power.

Article ⁶/ 8. Composition of the Council of States.— According to a decision taken by the Constituent Assembly, the Council of States was to contain not more than 25 members (out of a total not exceed- ing 250) to be elected from panels or constituencies on a functional basis. The panel system having hitherto proved unsatisfactory in the country from which it was copied (Ireland), the Committee has thought it best to provide for 15 members to be nominated by the President for their special know- ledge or practical experience in Literature, Art, Science, etc. The Committee considers that no special representation for labour or commerce and industry among these nominations is necessary, in view of the fact that they are certain to be adequate- ly represented in the elected element of the Union Parliament owing to adult suffrage.

Arfciolea 6S a nl 151.

9. Duration of Union Parliament and of State Legislatures.—Tlie^Odmmittee considers that under ^He parliamentary system, particularly at the beginning of a new Constitution on the basis of adult suffrage, a longer term than four years is desirable. New ministers require some time to acquaint themselves with the details of administra- tion, and their last year of office is usually taken up in preparing for the next general election. With a four-year term they will not have enough time for any kind of planned administration.

Artwles 107 •ml 200,

10. Supreme Court and High Courts.—Follow- ing the practice prevailing in the United Kingdom and the United States of America, the Committee has proposed that in certain circumstances retired judges may be invited to serve in particular cases both in the Supreme Court and in the High Courts.

Artiole ¹³J. 11- Mode of selection of governors.—Some members of the Committee feefthat the co-existence

ol a Governor elected by the people and a Chief Minister responsible to the Legislature might lead to friction. The Committee has therefore suggested an alternative mode of appointing Governors: the Legislature should elect a panel of four persons (who need not be residents of the State) and the Pre- sident of the Union should appoint one of the four as Governor.

Article 138. 12. Deputy Governors.—The Committee has not thought it necessary to make any provision for Deputy Governors, because a Deputy Governor will have no function to perform so long as the Governor is there. At the Centre, the position is different, because the Vice-President is also the ex-offlcio Chairman of the Council of States; but in most of the States there will be no Upper House and it will not be possible to give the Deputy Governor func- tions similar to those of the Vice-President. There is a provision in the Draft enabling the Legislature of the State (or the President) to make necessary- arrangements for the discharge of the functions of the Governor in any unforeseen contingency.

Articles 212 to 214.

13. uentraiiy aammisterea areas.—in accora- ance with a resolution of the Constituent Assembly, you, as the President, appointed a Committee of seven members for the purpose of recommending con- stitutional changes in the centrally administered areas namely, Delhi, Ajmer-Merwara, Coorg, Panth Piploda and the Andaman and Nicobar Islands. The Committee submitted its report on October 21, 1948. The Committee's recommendations were briefly these:—

(1) Each of the provinces of Delhi, Ajmer- Merwara and Coorg should have a Lieutenant-Governor appointed by the President of India.

(2) Each of these provinces should normally be administered by a Council of minis- ters responsible to the Legislature. (3) Each of these provinces should have an

elected Legislature.

As regards Panth Piploda the Committee recom- mended that it should be added to AJmer-Merwara and as regards the Andaman and Nicobar Islands

the Committee recommended that they should con- tinue to be administered by the Government ol India as at present, with such adjustments as might be deemed necessary: in other words, these Islands were to continue as a Chief Commissioner's pro- vince. The member representing AJmer-Merwara and the member representing Coorg on this Com- mittee appended a note to the Committee's re- port, in which they said that the special problems arising out of the smallness, geographical position and scantiness of resources of these areas might at no distant future necessitate the joining of each of these areas to a contiguous unit. They therefore urged that there should be a specific provision in the Constitution to make this possible after ascertaining the wishes of the people concerned.

So far as Delhi is concerned, it seems to the Com- mittee that as the capital of India it can hardly be placed under a local administration. In the United States, Congress exercises exclusive legislative power in respect of the seat of the Government; so too in Australia. The Drafting Committee has, therefore, come to the conclusion that a more comprehensive plan than that recommended by the ad hoc Committee is desirable. Accordingly, the Drafting Committee has proposed that these central areas may be admi- nistered by the Government of India either through a Chief Commissioner or a Lieutenant- Governor or through the Governor or the Ruler of a neighbouring State. What is to be done in the case of a particular area is left to the President to pres- cribe by order; he will, of course, in this, as in other matters, act on the advice of responsible ministers. He may, if so advised, have a Lieutenant-Governor in Delhi; he may, again, if so advised, administer Coorg either through the Governor of Madras or through the Euler of Mysore after ascertaining the wishes of the people of Ooorg. He may also by order create a local Legislature or a Council of advisers with such constitution, powers and functions, in each case, as may be specified in the order. This seems to the Drafting Committee to be a flexible plan which can be adjusted to the diverse require- ments of the areas concerned.

The Committee has also provided that Indian States (such as those of the Orissa group) which have ceded full and exclusive authority, jurlsdic-

tion and powers to the Central Government may be administered exactly as If they were Centrally Ad- ministered Areas, i.e., through a Chief Commis- sioner, or Lieutenant-Governor, or through the Governor or the Ruler of a neighbouring State, according to the requirements of each case.

Artioles 211 *o232.

14. Distribution oi .Legislative fowers.—rot me most part, the Drafting Committee has made no change in the Legislative Lists as recommended by the Union Powers Committee and adopted by the Constituent Assembly, but I would draw attention to three matters in respect of which the Drafting Com- mittee has made changes:

(a) The Committee has provided in effect that when a subject, which is normally in the State List, assumes national importance, then the Union Parliament may legislate upon it. To prevent any unwarranted encroachment upon State powers, it has been provided in the Draft that this can be done only if the Council of States, which may be said to represent the States as Unita, passes a resolution to that effect by a two-thirds majority.

(b) The Committee has considered it desirable to put into the Concurrent List the whole subject of succession, instead of only succession to property other than agricul- tural land. Similarly, the Committee has put into the Concurrent List all the matters in respect of which parties are now governed by their personal law. This will facilitate the enactment of a uniform law for India in these matters.

(c) While putting land acquisition for the pur- poses of the Union into the Union List and land acquisition for the purposes ol a State into the State List, the Committee has provided that the principles on which compensation for acquisition is to be determined shall in all cases be in the- Concurrent List, in order that there may- be some uniformity in this matter.

In addition, in view of the present abnormal circumstances which require Central control over essential supplies, the Committee has provided that for a term of five years from the commencement of the Constitution, trade and commerce in, and the production, supply and distribution of, certain essential commodities as also the relief and rehabili- tation of displaced persons shall be on the same footing as Concurrent List subjects. In adopting this course, the Committee has followed the provi- sions of the India (Central Government and Legisla- ture) Act, 1946.

Artiolea 247 to 269. "

15. Financial provisions.—Broadly speaking, the Drafting Committee has incorporated in the Draft the recommendations of the Expert Finance Com- mittee, except those relating to the distribution of revenues between the Centre and the States. In view of the unstable conditions which at present prevail in this field, the Drafting Committee has thought it best to retain the status quo in the matter of distribution of revenues for a period of five years, at the end of which a Finance Commission may review the situation.

Articles 281 to 283.

it>. services.—xne uommiuee nas retrained irom inserting in the Constitution any detailed provisions- relating to the Services; the Committee considers that they should be regulated by Acts of the appro- priate Legislature rather than by constitutional provisions, as the Committee feels that the future Legislatures in this country, as in other countries, mav be trusted to deal falrlv with the Services.

Articles 289 to 291.

17. Elections, Franchise, etc.—The Committee has not thought it necessary to incorporate in thfr Constitution electoral details including the delimita- tion of constituencies. These have been left to be provided by auxiliary legislation.

Article 304. 18. Amendment of the Constitution.—The Com- mittee has inserted a provision giving a limited constituent power to the State Legislatures in respect of certain defined matters.

Articles 292, 204 and 305.

19. Safeguards for Minorities.—The Draft embodies the decisions of the Constituent Assembly and of the Advisory Committee in respect of the

reservation of seats in the Legislatures and of posts in the public services. Although these provisions do not extend to the Indian States, nevertheless, in the larger Interests of India, the Indian States should adopt similar provisions for the minorities therein. The Drafting Committee has specially asked me to draw your attention to the importance of this matter.

First $che,Me.

20. Linguistic Provinces.—I would invite special attention to Part I of the First Schedule and the foot- note thereto. If Andhra or any other linguistic region is to be mentioned in this Schedule before the Constitution is finally adopted, steps will have to be taken immediately to make them into separate Governors' Provinces under section 290 of the Government of India Act, 1936, before the Draft Constitution is finally passed. Of course, the new Constitution itself contains provisions for the creation of new States, but this will be after the new Constitution comes Into operation.

Hi. scneauiefl Tribes, acneauiea Areas ana Fifth an I Sixth Soheduloa Tribal Areas.—The Committee has embodied in the Schedules to the Constitution the recommendations of the Sub-Committees on these subjects. ,

22. A separate note recorded by Shri AUadi Krishnaswami Ayyar on certain points (not involv- ing any question of principle) is appended to the Draft at his request.

23. I cannot transmit to you this Draft Consti- tution without placing on record the Committee's gratitude for the assistance the Committee has received in this difficult task from Sir B. N. Rau, the Constitutional Adviser, Shri S, N. Mukerjee, Joint Secretary and Draftsman, and the staff of the Consti- tuent Assembly Secretariat.

Yours truly,

B. R. AMBEDKAR.

DRAFT CONSTITUTION

OF INDIA

Preamble.

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC* and to 5 3ecure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; 10

and to promote among them all

FRATERNITY assuring, the dignity ol the individual and the unity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this—

of ( day 16

of May, 1948 A.D.), do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITU- TION.

*Thia follows i.he decision taken by the Constituent Assembly. The qnoation of the relationship bofrwoen this Democratic Republic and the Bvitiah Commonwealth of Nations romaina to bo decided Subsequently.

PART I

The Union and its Territory and

Jurisdiction

*1. (1) India shall be a Union of States.

Name and territory of the Union. (2) The States shall mean the States for the time 5

being specified in Parts I, II and III of the First Schedule.

(3) The territory of India shall comprise—

(a) the territories of the States;

(b) the territories for the time being specified in 10

Part IV of the First Schedule; and

(c) such other territories as may be acquired.

2. Parliament may, from time to time, by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. 15 Admission and estab- lishment of new States.

3. Parliament may by law—

(a) form a new State by separation of territory from a State or by uniting two or more States or parts of States;

Formation of new States and altera- tion of areas, boundaries or names of existing States.

(b) increase the area of any State; 20 (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State :

Provided that no Bill for the purpose shall be introduced in either House of Parliament except by 25 the Government of India and unless—

(a) either—

(i) a representation in that behalf has been made to the President by a majority of the representatives of the territory in 30 the Legislature of the State from which the territory is to be separated or ex- cluded; or

*The Committee considers that, following the language of the preamble to the British North America Act, 1867, it would not be inappropriate to desoribe India as a Union although its Consti- tution may be federal in structure.

(ii) a resolution in that behalf has been passed by the Legislature of any State whose boundaries or name will be affected by the proposal to be contained in the Bill; and

(b) where the proposal contained in the Bill affects the boundaries or name of any State, other than a State for the time being specified in Part III of the First Schedule, ''the views of the Legislature of 10 the State both with respect to the pro- posal to introduce the Bill and with res- pect to the provisions thereof have been ascertained by the President; and where such proposal affects the boundaries or 15 name of any State for the time being specified in Part III of the First Schedule, the previous consent of the State to the proposal has been obtained.

4. (1) Any law referred to in article 2 or article 3 20 Law made under articles 2 and 3 to . provide for the amend- ment of the First Sohe- • dule and in- tridental and consequential matters.

of this Constitution shall contain such provisions for the amendment of the First Schedule as may be necessary to give effect to the provisions of the law and may also contain such incidental and consequen- tial provisions as Parliament may deem necessary. 25 (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the pur- poses of article 304.

"The Committee is of opinion that in the cose of any State" other than a State specified in Part III of the First Schedule, the previous consent of the State is not necessary and it would he enough if the views of the Legislatures of the State wore obtained by the President.

PART II

Citizenship

5. At the date of commencement of this Constitu- tion—

(a) every person who or either of whose parents 5 Citizenship at the date of oommenot ment of the Constitution.

or any of whose grand-parents was born in the territory of India as defined in this Constitution and who has not made his permanent abode in any foreign State after the first day of April, 1947; and 10

(b) every 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), or in Burma, Ceylon or Malaya, and who 15 has his domicile in the territory of India as defined in this Constitution, shall be a citizen of India, provided that he has not acquired the citizenship of any foreign State before the date of commencement of this Constitution. 20

Explanation.—For the purposes of clause (b) of this article, a person shall be deemed to have his domicile in the territory of India—

(i) if he would have had his domicile in such

territory under Part II of the Indian 25 Succession Act, 1925, had the provisions of that Part been applicable to him, or *(ii) if he has, before the date of commencement of this Constitution, deposited in the office of the District Magistrate a declaration 30 in writing of his desire to acquire such domicile and has resided in the territory of India for at least one month before the date of the declaration.

6. Parliament may, by law, make further provi- 35 sion regarding the acquisition and termination of citizenship and all other matters relating thereto.

Parliament to regulate^ the right of citizenship b]

lo.nr

*The Committee is of opinion that auxiliary action whether by legislation or otherwise may have to be taken before the oommence- ment of this Constitution for the receipt of declarations, keeping of registers of such declarations and other incidental matters for the purpose of olause (ii) of the Explanation.

P A RT III

Fundamental Rights

GENERAL

Definition.

7. In this Fart, unless the context otherwise re- quires, "the State" includes the Government and 5 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.

Savings,

8. (1) All laws in force immediately before the commencement of this Constitution in the territory 10 of India, 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 tMs Part 15 and any law made In contravention of this clause shall, to the extent of the contravention, be void:

*Provided that nothing in this clause shall prevent the State from making any law for the removal of any inequality, disparity, disadvantage or discrimi- 20 nation arising out of any existing law.

(3) In this article, the expression "law" includes any Ordinance, order, bye-law, rule, regulation, noti- fication, custom or usage having the force of law in the territory of India or any part thereof. 25

Rights of Equality

9. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them.

In particular, no citizen shall, on grounds only of 30 Prohibition of discrimina. tion on grounds of religion, race, caste or aexo.

religion, race, caste, sex or any of them, be subject

*The proviso has been added in order to enable the State to make laws removing any existing discrimination. Such laws will necessarily be discriminatory in a sense, because they will operate only against those who hitherto enjoyed an undue advantage. It is obvious that laws of this character should not be prohibited.

to any disability, liability, restriction or condition with regard to—

(a) access to shops, public restaurants, hotels

and places of public entertainment, or (b) the use of wells, tanks, roads and places of 5

public resort maintained wholly or part- ly out of the revenues of the State cr de- dicated to the use of the general public.

(2) Nothing in this article shall prevent the State from making any special provision for women and 10 children.

10. (1) There shall be equality of opportunity for all citizens In matters of employment under the State. (2) No citizen shall, on grounds only ot religion, Equality of opportunity in. matters of publio employment. race, caste, sex, descent, place of birth or any of 15 them, be ineligible for any office under the State.

(3) 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 who, in the opinion of the State, are 20 not adequately represented In the services under the State.

(4) Nothing In this article shall affect the opera- tion of any law which provides that the incumbent of an office in connection with the affairs of any reli- 25 gious or denominational institution or any member of the governing body thereof shall be a person pro- fessing a particular religion or belonging to a parti- cular denomination,

11. "Untouchabmty" is abolished and its practice 30 Abolition of Untouohabi- Uty.

in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.

Abolition of titles.

12. (1) No title shall be conferred by the State. (2) No citizen of India shall accept any title from 35 any foreign State.

(3) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, title or office of any kind from or under any foreign State. 49

•The Committee is of opinion that before the words " olass of citizens " the word " backward " should be inserted.

13. (1) Subject to the other provisions of this article, all citizens shall have the right—

Protection of certain rights re- garding free- dom of Bpeeoh, eto.

(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; 5 (d) to move freely throughout the territory of

India;

(e) to reside and settle in any part of the terri-

tory of India;

(f) to acquire, hold and dispose of property; 10

and

(g) to practise any profession, or to carry on any occupation, trade or business. (2) Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, 15 or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which' offends against decency or morality or undermines the authority or foundation of the State.

20 (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order restrictions on the exercise of the right conferred by the said sub-clause. 25 (4) Nothing in sub-clause (c) of the said clause shall affect, the operation of any existing law, or prevent the State from making any law, imposing, in the interests of the general public, restrictions on the exercise of the right conferred by the said sub- 30 clause.

(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, im- posing restrictions on the exercise of any of the rights 35 conferred by the said sub-clauses either in the in- terests of the general public or *for the protection of the interests of any aboriginal tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law, or 40 prevent the State from making any law, imposing in the interests of public order, morality or health,

r *The Committee is of opinion that no protection to any minor- ity group is necessary in this artiole.

restrictions on the exercise of the right conferred by the said sub-clause and .in particular prescribing, or empowering any authority to prescribe, the pro- fessional or technical qualifications necessary for practising any profession or carrying on any occu- 5 pation, trade or business.

Protection in respeot of tonviotion of offence

14. (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 io which might have been inflicted under the law at the time of the commission of the offence.

(2) No person shall be punished for the same

offence more than once.

(3) No person accused of any offence shall be 15

compelled to be a witness against himself.

Protection of life and per- sonal liberty and equality before law.

*15. No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of 20 the laws within the territory of India.

**16. Subject to the provisions of article 244 of this Constitution and of any law made by Parlia- ment, trade, commerce and intercourse throughout the territory of India shall be free. 25 Freedom of trade, com- meroe and intercourse throughout the territory of India.

*The Committee is of opinion that the word " liberty " should be qualified-by the insertion of the word "personal" before it, for otherwise it might be construed very widely so aa to include even the froodoras already dealt with in artiolo 13.

The Committee has also substituted the expression " except acoording to procedure established by law " for the words " with- out due process of law " as the former is more speoiflo (c.f. Art. XXXI of the Japanese Constitution, 1946). Tho corresponding provision in the Irish Consitution runs : " No citizen shaU¹ he deprived of his personal liberty fave in acoordanje with law".

The Committee is also of opinion that the words " or the equal protection of the laws " should be inserted after the words " equa- lity before the law " as in section 1 of Article XIV of the U.S.A. Constitution (1865).

**The Committee has omitted the words "by and between the citizens" which occurred after the words "trade, commeroe and intercourse" in th^ provision aa adopted by tho Constituent Assembly. Thi qualifying words might necessitate elaborate inquiries at State frontiers a=i to the nationality af the consignor and consignee.

Prohibition oi traffic in human be- ings and en- forced labour

17. (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 5

from imposing compulsory service for public pur- poses. In imposing such service the State shall not make any discrimination on the ground of race, re- ligion, caste or class.

18. No child below the age of fourteen years 10 Prohibition oi employment 'of ohildren in factories, e tc

shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Rights relating: to Religion

19. (1) Subject to public order, morality and health and to the other provisions of this Part, a l lJ⁵ persons are equally entitled to freedom of conscience and the right freely to profess, practise and propa- gate religion.

Freedom of conscience and froe pro- fession, praotioe and propagation of religion.

Explanation.—The wearing and carrying of kirpans shall be deemed to be included in the pro- 20 fession of the Sikh religion.

(2) Nothing in this article shall affect the opera- tion of any existing law or preclude the,State from making any law—

(a) regulating or restricting any economic, 25

financial, political or other secular acti- vity which may be associated with reli- gious practice;

(b) for social welfare and reform or for throw-

ing open Hindu religious institutions of 30 a public character to any class or section of Hindus.

20. Every religious denomination or any section

thereof shall have the right—

(a) to establish and maintain institutions for 35

religious and charitable purposes;

(b) to manage its own affairs in matters of

religion;

(c) to own and acquire movable and Immov- .Freedom to 'manage re- Hgious affairs and to own, Enquire and ^jjminister properties for .religious or oharitable purposes.

able property; and 40

(d) to administer such property in accordance

with law.

21. No person may be compelled to pay any taxes; the proceeds of which are specifically appro- priated in payment of expenses.for the promotion or 5 maintenance of any particular religion or religious denomination.

Freedom as to payment of taxes for promotion "* and main- tenanoe of anj particular re- ligion or re- ligioua dono- mination.

Freedom as to attendance at religious ins- fcruotion or religious worship in oertain educa- tional institu- tions.

*22. (1) No religious instruction shal lbe provided by the State in any educational institution wholly maintained out of State funds: 10 Provided that nothing in this clause 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. 15 (2) No person attending any educational institu- tion 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 20 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.

(3) Nothing in this article shall prevent any 25

community or denomination from providing religious instruction for pupils of that community or denomi- nation in an educational institution outside its work- ing hours.

Cultural and Educational Rights 30

Proteotion of interests of minorities.

23. (1) Any section of the citizens residing in the territory of India or any part thereof having a dis- tinct language, script and culture of its own shall have the right to conserve the same.

*This artiolo follows the reconixnenclatien of the ad hoc

Committoe.

(2) No minority whether based on religion, com- munity or language shall be discriminated against in regard to the admission of any person belonging to such minority into any educational institution maintained by the State. 5 (3) (a) All minorities whether based on religion, community or language shall have the right to estab- lish and administer educational institutions ol their choice.

(b) The State shall not, in granting aid to educa-10 tional institutions, discriminate against any educa- tional institution on the ground that it is under the management of a minority, whether based on reli- gion, community or language.

Right to Property 15

24. (1) No person shall be deprived of his pro- perty save by authority of law.

Compulsory acquisition of property.

(2) No property, movable or immovable, includ- ing any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken 20 possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides tor the payment of compensation for the property taken possession of or acquired and either fixes the amount 25 o2 the compensation, or specifies the principles on which, and the manner in which, the compensation is to be determined.

(3) Nothing in clause (2) of this article shall

affect—

30

(a) the provisions of any existing law, or (b) the provisions of any law which the State may hereafter make for the purpose of imposing or levying any tax or for the promotion of public health or the proven- 3g Won ol danger to life or property.

Right to Constitutional Remedies 25. (1) The right to move the supreme uouri uy appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue * Remedies for enforcement of rights conferred by this Part."

directions or orders in the nature of the writs ol

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) Parliament may by law empower any other 5 court to exercise within the local limits of its juris- diction all or any of the powers exercisable by the Supreme Court under clause (2) of this article.

(4) The rights guaranteed by this article shall not be suspended except as otherwise provided for by this 10 Constitution.

26. Parliament may by law determine to what extent any of the rights .guaranteed in this Part shall in their application to the members of the Armed Forces or the Forces charged with the main- 15 tenance of public order be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

Power to Parliament to modify the rights guaranteed in this Part in their appli- cation to Foroes.

Legislation tc give effeot to the provi- sions of this Part.

27. Notwithstanding anything elsewhere con- tained in this Constitution, Parliament shall have, 20 and the Legislature of a State for the time being specified in Part I or Part III of the First Schedule shall not have, power to make laws—

(a) with respect to any of the matters which under

this Part are required to be provided for 25 by legislation by Parliament, and

(b) 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 30 commencement of this Constitution, make laws to provide for such matters and for prescribing punish- ment for such acts :

Provided that any law in force in the territory of India or in any part thereof with respect to any of 35 the matters referred to in clause (a) of this article or providing for punishment for any act which is de- clared to be an offence under this Part shall continue in force therein until altered or repealed or amended by Parliament or other competent authority. 40

PART IV

Directive Principles of S t a te Policy

Definition.

28. In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III of this Constitution. 5

Applioation of the prin- ciples set forth in this Part.

29. The provisions contained in thiB 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 mating 10 laws.

State to "• oure a social order for the promotion and welfare of the people.

30. The State shall strive to promote the welfare of the people by securing and protecting as effective- ly as it may a social order in which justice, social, aconomic and political, shall inform all the institu-15 tions of the national life.

31. The State shall, in particular, direct its policy towards securing—

(i) that the citizens, men and women equally, Certain" principles of polloy to be followed by the State. '

have the right to an adequate means of 20 livelihood;

(ii) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; 25

(iii) that the operation of the economic system does not result In the concentration of wealth and means of production to the common detriment;

(iv) that there is equal pay for equal work for 30

both men and women;

(v) that the strength and health of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to 40 enter avocations unsuited to their a,g" or strength;

(vi) that childhood and youth are protected against exploitation and against moral and material abandonment. 46

Right to work, to odu- oation and to public assis- tance in oer- tain oases.

32. The State shall, within the limits of its eco- nomic capacity and development, make effective provision lor securing the right to work, to educa- tion and to public assistance in case of unemploy- ment, old age, sickness, disablement, and other cases of undeserved want.

33. The State shall make provision for securing just and humane conditions of work and for mater- nity relief.

Provision for just and humane oon- ditiona of work and ma- ternity relief.

34. The State shall endeavour to secure, by suit-10 Uving wage, etc, for workers.

able legislation or economic organisation or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard o! life and full enjoyment of leisure 3,nd social and cultural opportunities. 15

Uniform civil code for tlio oitizens.

35. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory Df India.

Pi'ovision for free primary educu, fcion.

26. Every citizen is entitled to free primary sducation and the State shall endeavour to provide, 20 within a period of ten years from the commencement oi this Constitution, for free and compulsory educa- tion for all children until they complete the age of fourteen years.

37. The State shall promote with special care the 25

sducational 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 oi exploitation.

30 Promotion of eduoational and economic interests of Scheduled Castes, Scheduled tribes and oilier weaker seotiona.

38. 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.

Duty of the State to raise the level of nutrition anc the standard of living and to improve {public healfcl

Protection, preservation and mainten- ance of monu- ments and places and objects of national importance.

39. It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, destruction, removal, disposal or export, as the case 5 may be, and to preserve and maintain according to law made by Parliament all such monuments or places or objects.

Promotion of international peace and security.

40. The State shall promote international peace and security by the prescription of open, just and 10 honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among govern- ments and by the maintenance of justice and respect for treaty obligations in the dealings of organised 15 nflnnifi with cine another.

PART V

The Union

CHAPTER I—The Executive

THE PRESIDENT AND VICE-PRESIDENT

41. There shall be a President of India. 5 The President of India.

Executive power of the Union.

42. (1) The executive power of the Union shall be vested in the President and may be exercised by him in accordance with the Constitution and the law.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the 10 Defence Forces of India shall be vested in the Presi- dent and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall—

(a) be deemed to transfer to the President any 15

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 20 President.

43. The President shall be elected by the members of an electoral college consisting of—

Election of President,

(a) the members of both Houses of Parliament,

and

25

(b) the elected members of the Legislatures of

t.hfi Stn.tps.

Manner of election of President.

44. (1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. 30

*(2j For the purpose of securing such uniformity the number of votes which each elected member of Parliament and of the Legislature of each State is entitled to cast at such election shall be determined in the following manner:— o

(a) every elected member of the Legislature 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 elected members of the Legislature;

iu

*ThvJ method of calculation set out in clause (2) of article 44 may be illustrated as follows:—

Illustrations to sub-clauses (a) and (b) of clause (2J :—

(i) The population of Bombay is 20,849,840. Let us take the total number of elected members in the Legislative Assembly of Bombay to be 208 (i.e., one member representing one lakh of the population). To obtain the number of votes which each such elected member will be entitled to cast at the election of the President, we have first to divide 20,849,840 (which is the population) by 208 (which is the total number of elected mem- bers), and then to divide the quotient by 1,000. In this case, the quotient is 100239. The number of votes which each such member will be entitled to cast would be 100,239/1000 i.e., 100 (dis- regarding the remainder 239 which is less than five hundred).

(ii) Again, the population of Bikaner is 1,292,938. Let us take the total number.of elected members of the Legislature of Bikaner to be 130 (i.e., one member representing roughly ten thousand of the population). Now, applying the aforesaid pro- cess, if we divide 1,292,938 (i.e., the population) by 130 (i.e., the total number of elected members), the quotient is 9945. There- fore, the number of votes which each member of the Bikaner Legislature would be entitled to cast is 9945/1000 that is 10 (counting the remainder 945 which is greater than five hundred as equivalent to 1000).

Illustration under sub-clause (c) of clause (2) :—

If the total number of votes assigned to the members of the Legislatures of the States in accordance with the above calcula- tion be 74,940 and the total number of elected members of both the Houses of Parliament be 750, then to obtain the number of votes which each member of either House of Parliament will be entitled to cast at the election, of the President, we should have to divide 74,940 by 750. Thus the number of votes which each such member will be entitled to cast in the case would be

^{7 4}' ^ °=9 9 |1 i. e., 100 (the fraction |^ which exceeds

one-half being counted as one).

(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) of this clause shall be further increased by one;

(c) each elected member of either House of Parlia- 5 men! shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislatures of the States under sub-clauses (a) and (b) of this clause by the total number of such members, fractions ex-10 ceeding one-half being counted as one and other frac- tions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional represen- tation by means of the single transferable vote and 15 the voting at such election shall be by secret ballot.

Explanation.—In this article, the expression "the Legislature of a State" means, where the Legis- lature is bicameral, the Lower House of the Legisla- ture, and the expression "population" means the 20 population as ascertained at the last preceding census.

Term of ofSoi of President.

46. The President shall hold office for a term of five years from the date on which he enters upon his office:

25

Provided that—

(a) the President may, by resignation under his hand addressed to the Chairman of the Council of States and the Speaker of the House of the People, resign his office; 30

(b) the President may, for violation of the Con- stitution, be removed from office by im- peachment in the manner provided in article 50 of this Constitution;

(c) the President shall, notwithstanding the ex- 35

piration of his term, continue to hold office until his successor enters upon his office.

Eligibility foi re-eleotion.

46. A person who holds, or who has held, office as President shall be eligible for re-electioa to that 40 office once, but only once.

47. (1) No person shall be eligible for election as President unless he—

Qualifications for eleotion as President.

(a) is a citizen of India.

(b) has completed the age of thirty-flve 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 5 President if he holds any office or position of emolu- ment under the Government of India or the G-overn- ment of any State or under any local or other autho- rity subject to the control of any of the said Govern- ments.

10

Explanation .—For the purposes of this clause a person shall not be deemed to hold any office or posi- tion of emolument by reason only that—

(a) he is a minister either for India or for any

State for the time being specified in Part 15 I of the First Schedule; or

(b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legis- lature o* the State, or, where there are 20 two Houses of the Legislature of the State, to the Lower House of the Legisla- ture, and if not less than three-fourths of the members of the Legislature or House, as the case may be, are elected. 25

Oouditiona of President's •offio©.

48. (1) The President shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legis- lature of any State be elected President, he shall be deemed to have vacated his seat in Parliament or such 30 Legislature, as the case may be, on the date on which he enters upon his office as President.

(2) The President shall not hold any other office or position of emolument.

(3) The President shall have an official residence 35 and there shall be paid to the President such emoluments and allowances as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments and allowances as are specified in the Second Schedule. 40 (4) The emoluments and allowances of the President shall not be diminished during his term ol office.

49. Every President and every person acting as President or discharging the Junctions of the Presi- dent shall before entering upon his office make and subscribe in the presence of the Chief Justice of India an affirmation or oath in the following form, that is 5 to say—

Affirmation or oath by the President or person acting as, or discharging the funotions of the. President before en- tering offloe.

" I, A. B., do solemnly affirm (or swear) that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability 10 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."

60, (1) When a President is to be impeached for i& violation of the Constitution, the charge shall be pre- ferred by either House of Parliament.

Procedure for impeachment of the Presi- dent.

(2) No such charge shall be preferred unless—

(a) the proposal to prefer such charge is con-

tained in a resolution which has been 20 moved after a notice in writing signed by not less than thirty members of the House has been given of their intention to move the resolution, and

(b) such resolution has been supported by not 25

less than two-thirds of the total member- ship of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investi- gate the charge or cause the charge to be investigated 30 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, supported by not less than two-thirds ol the total membership of the House by which the 35 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 40 passed.

51. (1) An election to fill a vacancy caused by the

expiration of the form of office of President shall be completed before the expiration of the term.

Time of holding elec- tions to fill vacancies in the offioe of President and the term of office of persons elected to fill oaaual vaoanoies.

(2) An election to fill a vacancy in the office ol President occurring by reason of his death, reslgna- 5 tion 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 be entitled to hold office for the full term of five years as provided 10 In article 45 of this Constitution.

62. There shall be a Vice-President of India.

The Vioe- Preaident of India.

The Vioe- President to be ex-offlolo Ohairman of the Oounbll of States.

53. The Vice-President shall be ex-offlcio Ohair- man of the Council of States and shall not hold any other office'or position of emolument: 15 Provided that during any period when the Vice- President acts as. President or discharges the func- tions of the President under article 54 of this Constitution, he shall not perform the duties of the office of Chairman of the Council of States. on,

54. (1) In the event of the occurrence ol any vacancy in the office of the President by reason ol liis 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 25> the provisions of this Chapter to fill such vacancy enters upon his office.

The Vice- President to act as President or to diaoharge hiefunotiona during oasual vaoanoiea in the offioe, or the absenoe, of the Presi- dent.

(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his func- 30 tions 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 the, President, have all 35. the uowers and Immunities of the P r e s e n t.

Election of Vioe-Prefli- dent.

55. (1) The Vice-President shall be elected by the members of both Houses of Parliament assembled at a joint meeting in accordance with the system 01

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 either of Parliament or of the Legislature of any 5 State, and if a member of Parliament or of the Legis- lature of any State be elected Vice-President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Vice-president, IQ

(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

15

(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 or position of emolument under the Government of India or the 20 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 clause, a person shall not be deemed to hold any office or 25 position of emolument by ror^on only that—

(a) he is a wnvr^eT either for India or for any State for the time being specified in Part I of the First Schedule; or

(b) he is a minister for any State for the time 30

being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of such Legis- 35 lature/ and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.

(5) An election to fill a vacancy caused by the expiration of the term of office of Vice-President⁴⁰ shall be completed before the expiration of the term.

(6) An election to fill a vacancy in the office ol Vice-president occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible a^er the occurrence oi the vacancy, and the person elected to fill such vacancy shall be 5 entitled to hold office lor the full term of five years as provided in article 58 of this Constitution.

56. The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

10 Term of office of Vioe-Presi dent.

Provided that—

(a) a Vice-president may, by writing under his hand addressed to the President, resign his office;

(b) a Vice-President may be removed from his 15

office for incapacity or want of confidence by a resolution of the Council of States passed by a majority of all the then mem- bers of the Council and agreed to by the House of the People; but no resolution for 20 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 25

expiration of his term, continue to hold office until his successor enters upon his office.

67. Parliament may make such provision as it thinks fit for the discharge of the functions of the 30 President in any contingency not provided for in this Chapter.

Power of Parliament to .provide for tha discharge of the func- tions of the Presdient in any other contingency.

58. (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 36 the Supreme Court whose decision shall be final.

Slattern relat- ing to or con- nftotod with the election oJ a President or Vi.o> -Presi- dent.

(2) 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.

69. (1) The President shall have the power to 5 grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence oi any person convicted of any offence—

(a) in all cases where the punishment or sen-

tence is by a Court MaTtial; 10 (Power of President to grant par- dons, eto., and to sua- ipend, remit or oorumute sentences in certain oaaes.

(b) in all cases where the punishment or sentence is for an offence under any law relating to a matter with respect to which Parlia- ment has, and the Legislature of the State in which the offence is committed 16 has not, power to make laws;

*(c) in all cases where the sentence is a sentence

of death.

(2) Nothing in sub-clause (a) of clause (1) of this article shall affect the power conferred by law on any 20 officer of the Armed Forces of India to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) of this article shall affect the power to suspend, remit or 25 commute a sentence of death exercisable by the Governor or the Ruler of the State under any law for the time being In force.

60. (1) Subject to the provisions of this Constitu- tion, the executive power of the Union shall 30 extend—

Extent of "xeoutive power of •the Union,

(a) to the matters with respect to which Parlia-

ment has power to make laws; and

(b) to the exercise of such rights, authority and

jurisdiction as are exercisable by the 35 Government of India by virtue of any treaty or agreement:

•The Committee ia of opinion that the President should have power to suspend, remit or oommute a death sentence passed in any State , witfnut prejudice to the pjwws oi tho (Governor or Ruler.

•Provided that the executive power referred to in sub-clause (a) of this clause shall not, save as ex- pressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature-of the State & has also power to make laws.

(2) Until otherwise provided oy Parliament, a State and any officer or authority of a State may, notwithstanding anything contained in this article, continue to exercise in matters with respect to which 10 Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediate- ly before the commencement of this Constitution.

Council of M i n i s t e rs i&

61. (1) There shall be a Council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions.

Council of ministers to aid and advise Presi- dent.

(2) The question whether any, and if so what, advice was tendered by ministers to the President 20 sliall not be inquired into in any court.

Other pro- visions as to ministers.

2& 62. (1) The Prime Minister shall be appointed by the President and the other ministers shall Be appointed by the President on the advice of the Prime Minister.

(2) The ministers shall hold office during the pleasure of the President.

(3) The Council shall be collectively responsible to the House of the People.

(4) Before a minister enters upon his office, the 30> 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.

•The Committee has inserted this proviso on the view that the exeoutive power in respeot of Concurrent List subjects should) vest primarily in the State ooncerned except as otherwise pro~ vided in the Constitution 01 in any law made by Parliament.

(5) A minister who, lor any period of six conse- cutive 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 determine, shall be as specified in the Second Schedule.

The Attorney-General for India

*63. (1) The President shall appoint a person, 10 Attorney- General for India.

who is qualified to be appointed a judge of the Supreme Court, to be Attorney-Q-eneral 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 15 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.

20

(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 ²⁵ such remuneration as the President may determine.

Conduct of Government Business

30 64. (1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

•Oonduot of business of the Govern- ment of India.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified

*The Committee has substituted the term "Attorney-General for India" for "Advooate-General for India" partly to distinguish him from the Provincial Advocates-General and partly to follow the terminology prevalent in other countries like the U.K. and the U.S.A.

in rules to be made by the President, and the vali- dity of an order or instrument which is so authenti- cated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. 5

65. 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 aflaixs of the Union and proposals for legislation; 10 Duties of Prime Minis- ter as res- peota the furnishing of information to the Presi- dent, etc.

(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 15

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 H-Parl&ment 20

GENEEAL

Constitution of Parliament

66. 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. 25

67. (1) The Council of States shall consist ol two hundred and fifty members of whom—

Composition of Houses of Parliament.

(a) fifteen members shall be nominated by the President in the manner provided in clause (2) of this article; and 30

(b) the remainder shall be representatives of the

States:

Provided that the total number of representatives of the States for the time being specified in Part III of the First Schedule shall not exceed forty per cent 35 of this remainder.

•(2) The members to be nominated by the Presi- dent under sub-clause (a) of clause (1) of this article shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely,— 6

(a) literature, art, science and education;

(b) agriculture, fisheries and allied subjects;

(c) engineering and architecture;

(d) public administration and social services.

(3) The representatives of each State for the 10 time being specified in Part I or Part I II of the Jfirst Schedule in the Council of States shall—

(a) where the Legislature of the State has two Houses, be elected by the elected members of the Lower House; 15

>(b) where the Legislature of the State has only one House, 6e elected by the elected members of that House; and

(c) where there is no House of the Legislature

for the State, be chosen in such manner 20 as Parliament may by law prescribe.

(4) The representatives of the States for the time foeing specified in Part II of the First Schedule in the Council of States shall be chosen in such manner as Parliament may by law prescribe. 25

*The Committee is of opinion that not more than fifteen members should be nominated by tho President to represent special interests in the Counoil of States and that no speolal re- presentation for Labour or Commerce and Industry ia necessary in view of adult suffrage. The Committee understands that tho panel system of election hitherto in foroe under the Irish Constitu- tion has proved very unsatisfactory hi praotioe. In the absenoe of any other guidance in this matter the Committee has provided for nomination by the President in place of election, while retaining a certain measure of functional representation. Sinoe the •Committee has had to substitute nomination for eleotion and as tho Committee thinks that no special representation for Labour or Commoree and Industry is necessary, the Committee ie of opinion that it would be enough to provide for fifteen nomina- ted members.

(5) (a) Subject to the provisions of articles 292 and 293 of this Constitution, the House of the People shall consist of not more than five hundred representatives of the people of the territories of the States directly chosen by the voters. 5

(b) For the purpose of sub-clause (a), the States of India shall be divided, grouped or formed into territorial constituencies and the number of re- presentatives to be allotted to each such constituency shall be so determined as to ensure that there shall 10 be not less than one representative for every 750,000 of the population and not more than one represen- tative for every 500,000 of the population:

Provided that the ratio of the total number of representatives of the States tot the time being 15 specified in Part III of the First Schedule to their total population shall not be in excess of the ratio of the total number of representatives of the States for the time being specified in Parts I and II of that Schedule to the total population of such States. 20

(c) The ratio between the number of members to be elected at any time for each territorial constitu- ency and the population of that constituency as ascertained at the last preceding census shall, so far as practicable, be the same throughout India. 25

(6) The election to the House of the People shall be on the basis of adult suffrage; that is to say, every citizen who is not less than twenty-one years of age and is not otherwise disqualified under this Constitu- tion or under any Act of Parliament on the ground 30 of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at such elections.

(7) Parliament may, by law, provide for the re- presentation in the House of the People of territories 35 other than States.

(8) Upon the completion of each census the re- presentation of the several States in the Council of States and of the several territorial constituencies in the House of the People shall, subject to the pro- 40 visions of article 289 of this Constitution, be

reidjusted by such authority, in such manner and with effect from such date as Parliament may, by law, determine.

(9) When States lor the time being specified in Part HI of the First Schedule are grouped together 5 for the purpose of returning representatives to the Council of States, the entire group shall be deemed to be a single State for the purposes of this article.

Duration of Houses of Parliament.

68. (1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of 10 the members thereof shall retire as soon as may be on the expiration of every second year in accord- ance with the provisions made in that behalf by Parliament by law.

(2) The House of the People, unless sooner dls- 16 solved, shall continue for *five years from the date appointed for its first meeting and no longer, and the expiration of the said period of *ftve years shall nperate as the dissolution o! the House!

Provided that the said period may, while a Pro- 20 damation of Emergency is in operation, be extended by the President for a period not exceeding one year at a time and not axtending in any case beyond a period of six months after the Proclamation has ceased to operate.

25

Sessions of Parliament, prorogation and dissolu- tion.

89. (1) The Houses of Parliament shall be summoned to meet twice at least in every year, and six months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session. 30

(2) Subject to the provisions of this article, the President may from time to time—

(a) summon the Houses or either House of Par- liament to meet at such time and place as he thinks fit; 35

*The Committee has inserted "five years" instead of "four years" as the life of the House of tho People as it considers that under the Parliamentary system of Government the first year of a minister's term of office would generally be taken up in gaining knowledge of the work of administration and the last year would be taken up in preparing for the next general election, and there would thus be only two years left for effective work which would be too short a period for planned administration.

(b) prorogue the Houses; (c) dissolve the House of the People.

70. (1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of 5 members.

Right of Pre- sident to address and send messa- ges to Houses.

(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 10 convenient despatch consider any matter required by the message to be taken into consideration.

71. (1) At the commencement of every session the President shall address both Houses of Parlia- ment assembled together and inform Parliament ol 15

: the causes of its summons.

(2) Provision shall be made by the rules regulat- ing the procedure of either House for the allotment of time for discussion of the matters referred to in such address and for the precedence of such discus- 20 sion over other business of the House.

Speoial add- ress by the President at the com- menoemtmt oi each session of Parliament and di3oussion in Parliament of matters re- ferred to in tho address. Right of ministers and Attorney- General as respects Houses.

72. 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 25 of Parliament of which he may be named a member, but shall not by virtue of this article be entitlad t.n vote.

Officers of Parliament

73. (1) The Vice-President of India shall be ex- 30

offlcio Chairman of the Council of States.

The Chairman and Deputy Chairman of the Oounoil 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 De- puty Chairman becomes vacant the Council shall 35 choose another member to be Deputy Chairman thereof.

74. A member holding office as Deputy Chairman

of the Council of States—

(a) shall vacate his office if he ceases to be a AQ

member of the Council;

Vacation and resignation of, and re- moval from, the office of, Deputy Chair- man.

(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 lor incapacity

or want of confidence by a resolution of 5 the Council passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days' notice has been given of the 10 intention to move the resolution.

75. (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of the, President under article 54 of this Constitution, the duties of 15 the office shall be performed by the Deputy Chair- man, 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.

Power of the Deputy Chairman or other per- sons to per- form the duties of the offloe of, or to aot as, Chairman.

(2) During the absence of the Chairman from any 20

sitting of the Council of States, the Deputy Chairman or, if he is also absent, such person as may be deter- mined 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 26 Chairman.

The Speaker and Deputy Speaker of the House of the People,

76. 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 30 Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

77. A member holding office as Speaker or De- puty Speaker of the House of the People— 35

(a) shall vacate his office if he ceases to be a

member of the House of the People;

Vacation and resignation of, and re- moval from, the offices of Speaker and Deputy Spoa ker.

(b) may at any time by writing ;under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if 40 such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office for incapa- city or want of confidence by a resolution of the House of the People passed by a majority of all the then members of the House:

5

Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days' notice , has been given of th" intention to move the resolution:

Provided further that, whenever the House of the 10

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.

78. (1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy 15 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.

Power of the Deputy Spea ker or other persona to perform the duties of the offloe of, or to aot as, Speaker.

(2) During the absence of the Speaker from any sitting of the House of the People, the Deputy 20 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.

26

Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and the De- puty Speaker.

79. 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 30 provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

Conduct of Business

80. (1) Save as provided in this Constitution, all 35

juestions at any sitting or joint sitting of the Houses jhall be determined by a majority of votes of the members present and voting, other than the Chair- man or Speaker or person acting as such.

Voting in Houses; power of Houses •to aot not- withstanding Vaoanoies and quorum.

The Chairman or Speaker or person acting as 40

nich 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 Souse of Parliament shall* have power to act notwithstanding any vacancy in the member- ship thereof, and any proceedings in Parliament 5 shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

*(3) If at any time during a meeting of a House, 10 less than one-sixth of the total number of members of the House are present, 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 at least one-sixth of the members are present. 15

Disqualifications of Members

Declaration

by member

Vaoation of

seats.

81. Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, a declaration according to the 20 form set out for the purpose in the Third Schedule. 82. (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 25 in one House or the other.

(2) If a member of either House of Parliament— (a) becomes subject to any of the disqualifica- tions mentioned in clause (1) of the next succeeding article; or 30

(b) fesigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant.

(3) If for a period of sixty days a member of either 35 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 40 during which the House is prorogued or is adjourn- ed for more than four consecutive davs.

Diaqualifica- tlom for membership.

88. (1) A person shall be disqualified for being chosen as, and lor being, a member of either House of Parliament—

(a) if he holds any office of profit under the Gov- ernment of India or the Government of 5 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; 10

(c) if he is an undischarged insolvent; (d) if he is under any acknowledgment of alle- giance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a 15 citizen of a foreign power; and

(e) if he is so disqualified by or under any law

made by Parliament.

(2) For the purposes of this article a person shall nut be deemed to hold an ofllce of profit under the 20 Government of India or the Government of any State by reason only that—

(a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or 25

(b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Le- gislature of the State, or where there are two Houses of the Legislature of the 30 State, to the Lower House of such Legis- lature and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.

84. If a person sits or votes as a member 0135 either House of Parliament before he has complied with the requirements of article 81 of this Constitu- tion, 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 provi- 40 sions of any law made by Parliament, he shall be Penalty for sitting and voting be- fore making declaration Bnder arti- ole 81 or when not qualified oi when dis- qualified.

* The 172 THE GAZETTE OF INDIA EXTItAOEDINABY, FEB. 26, 1G48

liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be re- covered as a debt due to the Government of India.

Privileges and Immunities of Members

85. (1) Subject to the rules and standing orders 5 Privileges, etc. of members.

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 10 committee thereof, and no person shall be so liable in respect of the publication by or under the autho- rity of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the privileges and immuni'-15 ties of members of the Houses shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commence- 20 ment of this Constitution.

(4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, 25 a House of Parliament as they apply in relation to members of Parliament.

Salaries and allowances o: members.

86. 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 30 by law and, until provision in that respect is so made, allowances at such rates and upon such condi- tions as were immediately before the date of com- mencement of this Constitution applicable in the case of members of the Legislature of the Dominion 35 of India.

Legislative Procedure

87. (1) Subject to the provisions of articles 89 and 97 of this Constitution with respect to Money Bills and other financial Bills, a Bill may originate in 40 either House of Parliament.

Provisions as to introduc- tion and passing of Bill*.

(2) Subject to the provisions of articles 88 and 89 of this Constitution, 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 5 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 10 not lapse on a dissolution of the House of the People.

(5) A Bill which is pending tn 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 88 of this 15 Constitution, lapse on a dissolution of the House of the People.

88. (1) If after a Bill has been passed by one House and transmitted to the other House—

-Joint sitting of both ' j Houses in oertain oases. (a) the Bill is rejected by the other House; or 20

(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 25 it,

the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his 30 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.

35

(2) In reckoning any such period of six months as is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days.

^

(3) Where the President has under clause (1) of this article notified his intention of summoning tte Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time alter the date of his notification summon 5 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 10 in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it fhall be deemed for the purposes of this Constitution to have been passed by both Houses:

Provided that at a joint sitting— 15

(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 amend- ment shall be proposed to the Bill other 20 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 25 be proposed to the Bill and such ether amendments as are relevant to^the mat- ters with respect to which the Houses have not agreed;

and the decision of the person presiding as to the 30 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 Inter- 35 vened since the President notified his intention to summon the Houses to meet therein.

89. (1) A Money Bill shall not be introduced in the Council of States.

(2) After a Money Bill has been passed by the 40 Special pro- oodure in rMpeot of Money Bills.

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 thirty days

from the date of its receipt of the Bill return the Bill to the House of the People with its recommen- dations and the House oi the People may thereupon either accept or reject all or any of the recommenda- tions of the Council of States. 5

(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 10 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 15 the House of the People without any of the amend- ments 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 20 the People within the said period of thirty days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the lorm in which it was passed by the House of the People.

90. (1) For the purposes of this Chapter, a Bill 25 Definition of "Money Bills' shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the follow- ing matters, namely:—

(a) the imposition, abolition, remission, altera-

tion or regulation of any tax; 30

(b) the regulation of "the borrowing of money or the giving of any guarantee by the Gov- ernment of India, or the amendment of the law with respect to any financial obligations undertaken or to be under- 35 taken by the Government of India;

(c) supply;

(d) the appropriation of the revenues of India;

(e) the declaring of any expenditure to be ex-

penditure charged on the revenues of 40 India or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the revenues of India or the custody or issue of such money or the audit of the accounts of the Government of India; or

(g) any matter incidental to any of the matters &

specified in items (a) to (f) of this clause. (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposi- tion of fines or other pecuniary penalties, or fcr the demand or payment of fees for licences or fees for 10 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 15 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 the last preceding article, and when it is presented 20- to the President for assent under the next succeed- ing article, the certificate, of the Speaker of the House of the People signed by him that it is a Money Bill.

91. When a Bill has been passed by the Houses 25- Assent to Bills.

of Parliament, it shall be presented to the Presi- dent, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:

Provided that the President may, not later than 30* six weeks 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 provision there- of, and, in particular, will consider the desirability 35 of introducing any such amendments as he may re- commend in his message, and the Houses shall re- consider the Bill accordingly.

Procedure in Financial Matters

92. (1) The President shall in respect of every 40 Annual finan- cial statement 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 Fart of this Constitution referred to as the "annual financial statement".

(2) The estimates of expenditure embodied in the annual financial statement shall show separately— 6

(a) the sums required to meet expenditure des- cribed by this Constitution as experfdi- ture charged upon the revenues of India; and

(b) the sums required to meet other expenditure 10

proposed to be made from the revenues of India,

and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expend!-15 ture charged on the revenues of India—

(a) the emoluments and allowances of the Presi- dent and other expenditure relating to his office;

(b) the emoluments and allowances of the Chair- 20

man 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 0I2S

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; 30

(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; 35

(iii) the pensions payable to or in respect of judges of any High Court which exercises or immediately before the commencement of this Constitution exercised jurisdiction within any 40 area included in the States for the time being specified In Parts I and U of the First Schedule;

(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; and

(f) any other expenditure declared by this Con-

stitution or by Parliament by law to be 5 so charged.

Procedure in Parliament with respeot to estimates.

93. (1) So much of the estimates as relates to expenditure charged upon the revenues of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as prevent-10 ing the discussion in either House of Parliament ol any of these estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form ol demands for grants to the House of the People and 15 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 20 on the recommendation of the President.

94. (1) The President shall authenticate by his signature a schedule specifying—

(a) the grants made by the House of the People

under the last preceding article; 25 Authentica- tion of flohedul<~> of authorised expenditure.

(b) the several sums required to meet the expenditure charged on the revenues ol India, but not exceeding in any case, the sum shown in the statement previously laid before Parliament. 30

(2) The schedule so authenticated shall be laid before the House of the People, but shall not be open to discussion or vote in Parliament.

(3) Subject to the provisions of the next two suc- ceeding articles, no expenditure from the revenues of 35 India shall be deemed to be duly authorised unless it is specified in the schedule so authenticated.

Supplemen tary state- ments of expon diture

95. If in respect of any financial year further expenditure from the revenues of India becomes necessary over and above the expenditure theretofore 4C authorised for that year, the President shall cause to be laid before both the Houses of Parliament a

supplementary statement showing the estimated amount of that expenditure, and the provisions ol the preceding articles shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement 5 and the expenditure mentioned therein.

Eicesa granti *96. If in any financial year expenditure from the revenues of India has been incurred on any service for which the vote of the House of the People is necessary in excess of the amount granted for that 10 service and for that year, a demand for the excess shall be presented to the House of the People and the provisions of articles 93 and 94 of this Constitution shall have effect in relation to such demand as they have effect in relation to a demand for a grant. 15

fipeoial pro visions aa to flnanoial Bills.

97. (1) A Bill or amendment making provision for any of the matters specified in items (a) to (f) oi clause (1) of article 90 of this Constitution shall not be introduced or moved except on the recommenda- tion of the President and a Bill making such provi- 20 sion 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 abolitiori'of any tax.

25

(2) A Bill or amendment shall not be deemed to make provision lor any oi 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 imposi- tion, abolition, remission, alteration or regulation of any tax by any local authority or body lor local purposes.

(3) A Bill which, if enacted and brought into oK operation, would Involve expenditure from the Tevenues of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.

•This article follows the reoommendatiomB of the Expert Committee on the Finanoial provisions of the Constitution.

Procedure Generally

Rules of pro<

oedure,

98. (1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct ol its business.

5*

(2) Until rules are made under clause (1) of this article, 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 10> Parliament subject to such modifications and adap- tations as may be made therein by the Chairman ot 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 lfr 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 com- munications between, the two Houses.

(4) At a joint sitting of the two Houses the 20* 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) of this article, shall preside.

99. (1) In Parliament business shall be trans-25- acted in Hindi or English:

Language to

be used in

Parliament.

Provided that the Chairman of the Council ol States or the Speaker of the House of the People,-as the case may be, may permit any member who cannot adequately express himself in either language to 30 address the House in his mother tongue.

(2) The Chairman of the Council of States or the Speaker of the House of the People may, whenever he thinks fit, make arrangements for making avail- able in the Council of States or the House of the 35- People, as the case may be, a summary in Hindi or English of the speech delivered by a member In any other language and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered.

"The Committee is of opinion that the Speaker of the House

of the People should preside at a joint sitting of the two House*

of Parliament as the House of the People is the more numerous

body.

Restrictions on disousBion in Parlia- ment.

100. (1) No discussion shall take place in Parlia- ment with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge ol his duties except upon a motion for presenting an address to the President praying for the removal ol 5 the judge as hereinafter provided.

(2) In this article the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court 10 for any of the purposes of Chapter IV of this Part.

101. (1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.

Courts not to Inquire into wrooeedings of Parliament.

(2) No officer or other member of Parliament in 15 whom powers are vested by or under this Constitu- tion for regulating procedure or the conduct ol 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. 20

CHAPTER HI-Letrislative Powers of the President

102. (1) If at any time, except when both Houses of Parliament are in session, the President is satisfi- ed that circumstances exist which render it necessary 25 for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

Power of President to promulgate Ordin.an.oes during reoess of Parlia- ment.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act ol 39 Parliament assented to by the President, but every aunh Ordinanr.ft—

(a) shall be laid before both Houses of Parlia- ment and shall cease to operate at the expiration of six weeks from the re- ** assembly of Parliament, or, if before the expiration of that period resolutions dis- approving it are passed by both Houses, upon the passing of the second of those resolutions; and

4Q

(b) may be withdrawn at any time by the

President.

Explanation:—Where the Houses of Parliament are summoned to re-assemble 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 5 article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

CHAPTER IV-The Federal Judicature

103. (1) There shall be a Supreme Court of India 10 Establish- ment and constitution of Supreme

Ontrri.

consisting of a Chief Justice of India and such number of other judges not being less than *seven as Parliament may by law prescribe.

(2) Every judge of the Supreme Court shall be appointed by the President by warrant under his 15 hand and seal after consultation with such of the judges of the Supreme Court and of the High Courts in the States as may be necessary for the purpose and shall hold office until he attains the age of sixty-flve years:

2Q

Provided that in the case of appointment of a judge, other than the Chief Justice, the Chief Justice of India shall always be consulted:

Provided further that—

(a) a judge may, by writing under his hand 25

addressed to the President, resign his " office;

(b) a judge may be removed from his office in the

manner provided in clause (4).

(3) A person shall not be qualified for appoint- "0 ment as a judge of the Supreme Court unless he ia 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 35

* The Committee oonsiders that seven judges would in tiro beginning be suffioient and Parliament might, by law, afterwards increase the number.

(b) has been lor at least ten years an advocate ol a High Court or of two or more such courts in succession.

Explanation I:—In this clause 'High Court' means a High Court which exercises, or which 5 before the commencement of this Constitution exer- cised, jurisdiction in any part of the territory of India.

Explanation I I : ~ In computing for the purpose of this clause the period during which a person has 10 been an advocate, any period during which a person held judicial office 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 15 President passed after an address supported by not less than two-thirds of the members present and voting has been presented to the President by both Houses of Parliament in the same session for such removal on the ground of proved misbehaviour or 20 incapacity.

(5) Parliament may by law regulate the proce- dure for the presentation of an address and for the investigation and proof of the misbehaviour or in- capacity of a judge under the last preceding clause. 25

(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 a declaration according to the form set out for the purpose in the 30 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.

104. The judges of the Supreme Court shall be 35 Salaries eto. ftLjudges. entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by Par- liament, and until they are so fixed shall be entitled to such salaries, allowances and rights in respect of 40 leave of absence or pension as are specified in the Second Schedule:

Provided that neither the salary of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

105. When the office of Chief Justice of India is 5 Appointment of aoting Chief Justice.

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. 10

Appointment of ad hoo judges.

106. (1) If at any time there should not be a quorum of the judges of the Supreme Court avail- able to hold or continue any session of the court, the Chief Justice may, after consultation with the Chief Justice of the High Court concerned, request in 15 writing the attendance at the sittings of the court, as an ad hoc judge, for such period as may be neces- sary, of a judge of a High Court to be nominated by the Chief Justice of India.

(2) It shall be the duty of the judge, who has 20 been so nominated, 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 havi* all the jurisdiction, powers and privileges, and shall 25 discharge the duties, of a judge of the Supreme Court.

Attondanoe of retired J judges at sittings of the Supreme Court.

*107. Notwithstanding anything contained in this Chapter, the Chief Justice of India may at any time, subject to the provisions of this article, request 30 any person who has bald the office of a judge of the Supreme Court or of the Federal Court to sit and act as a judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, 36 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 40 to do.

W*The employment of retired judges follows the praotioe in the United Kingdom and in the United States of America.

Seat of Sup- reme Court.

108. The Supreme Court shall be a court of record and shall sit In Delhi and at such other place or places, if any, as the Chief Justice may, with the approval of the President, from time to time, appoint.

5

'Original juris- dioiion of the Supreme

109. Subject to the provisions of this Constitu- tion, the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dis- pute—

(a) between the Government of India and one or 10

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, 15

if in so far as the dispute Involves any question (whether of law or fact) on which the existence or extent of a legal right depends:

Provided that the said jurisdiction shall not extend to—

20

(i) a dispute to which a State for the time being specified in Fart III of the First Schedule is a party, if the dispute arises out of any provision of a treaty, agreement, engage- ment, sanad or other similar Instrument 25 which was entered into or executed before the date of commencement of this Oonsti- tion and has, or has been, continued in operation after that date;

(ii) a dispute to which any State is a party, if the 30

dispute arises out of any provision of a treaty, agreement, engagement, sanad or other similar instrument which" provides that the said jurisdiction shall not extend to such a dispute. 35

"Appellate

110. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in a State, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the inter- 40 pretation of this Constitution.

jurisdiction of Supreme Court in appeals from High Courts in States in •certain oases

, (2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satis- fled that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, & decree or final order.

(3) Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court not only on the ground that any such question as aforesaid has been wrongly decided, but 10 also on any other ground.

Explanation.—For the purposes of this article, the expression " final order " includes an order de- ciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal 15 of the case.

Appellate

111. (1) An appeal shall lie to the Supreme Court from a Judgment, decree or final order in a civil pro- ceeding of a High Court in the territory of India except the States for the time being specified in Part 20 III of the First Schedule, if the High Court certifies—

(a) that the amount or value of the subject- matter of the dispute in the court of first instance and still in dispute on appeal 25 was and is not less than twenty thousand rupees; or

jurisdiction of Supreme Oourt in appeals from High Oourts in th.e terri- tory of India exoopt the S fateR for the time beinjj speci- fied m Part III of the First Sohe- dule in other oases.

(b) that the judgment, decree or final order in- volves directly or indirectly some claim or question respecting property of the like 30 amount or value; or

(c) that the case is a fit one for appeal to the

Supreme Court;

and, where the judgment, decree or final order appealed from affirms the decision of the court imme- as diately below, in any case other than one referred to in clause (c), if the High Court further certifies that the appeal involves some substantial question of law.

(2) Notwithstanding, anything contained in article 110 of this Constitution, any party appealing to the Supreme Court under clause (1) of this article may 40

urge as one of the grounds in such appeal that the case involves a substantial question of law as to the interpretation of this Constitution which has been wrongly decided.

112. The Supreme Court may, in its discretion, 5 Special leave to appeal by the Sup- reme Court In oertain other oases.

grant special leave to appeal from any judgment, decree or final order in any cause or matter, passed or made by any court or tribunal in the territory of India except the States for the time being specified in Part III of the First Schedule, in cases where the 10 provisions of article 110 or article 111 of this Consti- tution do not apply.

Referenoe to the Supreme Court by High Courts In States for the time being speoi- fied in Part HI of the First Sche- dule in cer- tain oases.

113. (1) If in the course of any civil, criminal or other proceeding in a High Court in any State for the time being specified in Part III of the First 15 Schedule, any question as to the applicability or interpretation of any law of Parliament or of the Legislature of any State other than such State, which is material tor the determination of any issue in such proceeding, arises, the High Court may, 20 either of its own motion or on the application of any of the parties, draw up a statement "of the case with particular reference to such question with its own opinion thereon and refer such question to the Supreme Court for opinion. 25

(2) The Supreme Court may, where any such High Court refuses to state a case under clause (1) of this article, require a case to be so stated.

(3) When a case is so stated either under clause (1) or under clause (2) of this article, the High 30 Court shall stay all proceedings until the opinion of the Supreme Court is received.

(4) The Supreme Court shall, after giving the parties an opportunity of being heard, decide the question so referred, and shall cause a copy of its 35 opinion to be transmitted to the High Court and such High Court shall on receipt thereof proceed to dis- pose of the case in conformity with the opinion of the Supreme Court.

(5) The Supreme Court may at any stage return 40

any case stated under this article in order that further facts may be stated therein.

114. (1) The Supreme Court shall have such fur-

ther jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

Enlargement of the jurla- diotion of the Supreme Court.

(2) The Supreme Court shall have such further 5*

jurisdiction and powers with respect to any matter as the Government of India and any State may by special agreement confer, if Parliament by law pro- vides for the exercise of such jurisdiction and powers by the Supreme Court.

1O

Conferment on the Sup- reme Court of powers to issue oer- tain writs.

115, Parliament may, by law, confer on the Supreme Court power to issue directions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in 15. clause (2) of article 25 (which relates to the enforce- ment of fundamental rights) of this Constitution.

Anoillary powers of Supreme Court.

116. Parliament may by law make provision for conferring upon the Supreme Court such supple- mental powers not inconsistent with any of the pro- 20 visions 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 Constitution.

lit. The law declared by the Supreme Court shall 25-

be binding on all courts within the territory of India.

Law deolared by Supreme Court to be binding on all courts.

Enforcement j of decrees and orders of Supreme Court and or- ders as to dis- covery, etc

118. (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 30 passed or order so made shall be enforceable through- out the territory of India in such manner as may be prescribed by or under any law made by Parlia- ment.

(2) Subject to the provisions of any law mado a&,

in this behalf by Parliament the Supreme Court shall, as respects the whole of the territory 01 India, have all and every power to make any order for the pur- pose of securing the attendance of any person, the

discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Power of President to consult Supreme Court.

119. (1) If at any time it appears to the President that a question of law or fact has arisen, or is likely 5 - to arise, which is of such a nature and such public importance that it is expedient to obtain the opinion of the Supreme Oourt 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 iO> President its opinion thereon.

(2) The President may, jiotwithstanding anything contained in clause (i) of the proviso to article 109 of this Constitution, refer a dispute of the kind men- tioned in the said clause to the Supreme Court for 15 decision, and the Supreme Court shall thereupon, after giving the parties an opportunity of being heard, decide the same and report the fact to the President.

120. All authorities, civil and judicial, in the 20¹

territory of India shall act in aid of the Supreme Court.

Civil and judioial authorities to act in aid of the Sup- reme Oourt. Rules of Court, eto.

*121. (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, 25"

*In the Snpromo Court of the United States of Amerioa all the judges of the Court are entitled to participate in the hear- ing of every matter, and tho Court nover sits in divisions. The judges of that Court attach the greatest importance to this prao- tice. Tho Colnmitteo is of opinion that this practice should be followed in India at least in two classes of oases, namely, those which involvo questions of interpretation of the Constitution and those which are referred to the Supreme Court for opinion by the President. Whether the same praotioe should not be extondod to other classes of cases is a matter whioh Parliament may regu- - late by law.

Item (b) giving the Court power to mate rules for regulating the time to be allowod to advocates to make their Submissions to • the Court has also been inserted in the article. This follows the > praotioe prevalent in the Supreme Court of the United States, where the advooates are normally allowod only one hour to argue eaoh case, the rest of their submissions being in writing. (One member of the Committee, Shri Alladi Krishnaswami Ayyar, considers it unnecessary expressly to mention this power in this article, beeauso in hia view the position of the Supreme Court iiL India, in respect of its general appellate functions, is different,. t*om that of the Supreme Court of the United States.)

make rules for regulating generally the practice and procedure ol the Court including—

(a) rules as to the persons practising before the

court,

(b) rules as to the procedure lor hearing appeals 5

and other matters including the time with- in which appeals to the Court are to be entered and the time to be allowed to ad- vocates appearing before the court to make their submissions in respect thereof, 10

(c) rules as to the costs of and incidental to any proceedings in the court and as to the lees to be charged in respect of proceedings therein,

(d) rules as to the granting of bail, 15

(e) rules as to stay of proceedings, and

(f) rules providing for the summary deter- mination of any appeal which appears to the court to be frivolous or vexatious or brought for the purpose of delay. 20

(2) The minimum number of judges who are to sit for the purpose of deciding any case involving a subs- tantial question of law as to the interpretation of this Constitution, or for the purpose of hearing any re- ference under article 119 of this Constitution shall be 25 five:

Provided that it shall be open to every judge tc sit for the said purposes unless owing to illness, personal interest or other sufficient cause he is unable to do so.

(3) No opinion for the purpose of any report under ^Q article 119 of this Constitution and no judgment shall be delivered by the Supreme Court save in open court,

(4) No such report shall be made and no judgment shall be delivered by the Supreme Court save with the concurrence of a majority of the judges present 35 at the hearing of the case, but nothing in this clause shall be deemed to prevent a judge who does not con- cur from delivering a dissenting opinion or judgment.

122. (1) The salaries, allowances and pensions payable to or in respect of the officers and servants of the Supreme Court shall be fixed by the Chief Justice of India in consultation with the President.

(2) The administrative expenses of the Supreme 5, Salaries, allowances} and pensions of officers and servants and the ex- penses of the Supreme Oourt.

Court, including all salaries, allowances and pen- sions payable to or in respect of the pfflcers and servants of the court, shall be charged upon the revenues of India, and any fees or other moneys taken by the court shall form part of those revenues. m

123. (1) References in articles 103 and 106 of this Construction of references to High Courts in States speci- fied in Part III of the First Sche- dule.

Chapter to a High Oourt in, or exercising Jurisdiction in, a State for the time being specified in Part in of the First Schedule shall be construed as references to any court which the President may, upon being ^ satisfied after consultation with the Supreme Court and the Ruler of the State that such court is a court comparable to any of the High Courts in the States for the time being specified in Part I of that Schedule, declare to be a High Court for • the 2n( purposes of those articles.

(2) References in articles 110 and 113 of this Chapter to a High Court in a State for the time being specified in Part III of the First Schedule shall be construed as references to the court of final jurisdic- 25, tion in the State with regard to the proceeding in respect of which an appeal or reference is provided for in those articles.

CHAPTER V-Auditor-Generai of India

124. (1) There shall be an Auditor-General of 30 Auditor-Gene- ral of India. India, who shall be appointed by the President and shall only be removed from office in like manner and on the like grounds as a judge of the Supreme Court.

(2) The salary, allowances and other conditions of service of the Auditor-General shall be such as 35 may be determined by Parliament by law and until they are so determined shall be as speciflod in the Second Schedule:

Provided that neither the salary of an 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.

(3) The Auditor-General shall not be eligible for 5 further office either under the Government of India or under the Government of any State after he has ceased to hold his office.

(4) The salaries, allowances and pensions payable to or in respect of members of the staff of the Auditor-10 General shall be fixed by the Auditor-General in consultation with the President.

(5) The salaries, allowances and pensions payable to or in respect of the Auditor-General and members of his staff shall be charged upon the revenues of 15 India.

^Duties ~and

rpowers of the

Auditor-

General.

125. The Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Government of India and of the Government of any State as are or may be prescribed 20 by or under any law made by Parliament.

Explanation.—In this article the expression "law made by Parliament" includes any existing law for the time being in force in the territory of India.

126. The accounts of the Government of India 26 Power of Auditor- Ooneral of India to give direc- tions as to aooQiznts.

shall be kept in such form as the Auditor-General of India may, with the approval of the President, pres- cribe and, in so far as the Auditor-General of India may, with the like approval, give any directions with regard to the methods or principles in accordance 30 with which any accounts of the Government of any State ought to be kept, it shall be the duty of the Government of the State to cause accounts to be kept accordingly.

127. The reports of the Auditor-General of India 35 Audit (reports.

relating to the accounts of the Government of India shall be submitted to the President, who shall cause them to be laid before Parliament.

PART VI

The States in Part I of the First

Schedule

CHAPTER I—GENERAL

128. In this Part, unless the context otherwise 5, Definition,

requires, the expression "State" means a State lor the time being specified in Part I of the First Schedule,

CHAPTER II—THE EXECUTIVE

The Governor 1OJ

129. There shall be a Governor for each State.

Governors of States.

Exeoutive power of States.

130. (1) The executive power of the State shall be vested in the Governor and may be exercised by him in accordance with the Constitution and the law.

(2) Nothing in this article shall— 15 (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 20 on any authority subordinate to the Governor.

Eleotion of

Governor. 131. The Governor of a State shall be elected by direct vote of all persons who have the right to vote at a general election for the Legislative Assembly of the 25 State.

Alternatively

Appointment of Governor.

*131. The Governor of a State shall be appointed by the President by warrant under his hand and seal from a panel of four candidates to be elected by the 30 „ members of the Legislative Assembly of the State,

*Some of the members of the Committee are strongly in favour of this alternative, because they consider that the co-exiBtence of a Governor elected by the people and a Prime Minister responsible to the Legislature might lead to friction and consequent weakness in administration.

or, where there is a Legislative Council in the State, by all the members oil the Legislative Assembly and of the" Legislative Council of the State assembled at a joint meeting, in accordance with the system of proportional representation by means of the single 5 transferable vote and the voting at such election shall be bv secret ballot.

Term of offioe of Governor.

132. The Governor shall hold office for a term of •"five years from the date on which he enters upon his office:

10

Provided that—

(a) a Governor may, by resignation under his hand addressed to the Speaker of the Legislative Assembly of the State or where there are two Houses of the Legis- 16 lature of the State, to the Speaker of the Legislative Assembly and the Chairman of the Legislative Council of the State, resign his office;

(b) a Governor may, for """violation of the 20

Constitution, be removed from office by impeachment in the manner provided in article 137 of this Constitution;

(c) a Governor shall, notwithstanding the ex-

piration of his term, continue to hoW 26 office until his successor enters upon his

nfflr.fi.

***133. A person who holds, or Who has held, office as Governor shall be eligible for re-election/re- appointment to that office once, but only once. $ Eligibility •for re-eleo- tlon/re-ap- polntment as Governor.

Qnalifloationa

for election

as Governor.

134. (1) No person shall be eligible for election as Governor unless he is a citizen of India and has completed the age of thirty five years.

*The Committeo is of opinion that the term of office of the Governor should be five years instead of four yoars in view of the ohange suggested by the Committee in the life of the Assembly from four years to five years.

**The Committee is of opinion that the Governor should be impeached only for violation of the Constitution as in the oase of the President and not for any misbohaviour.

*¹)<*If the second alternative is adopted in artiole 131, the'word "re-appointment" will have to be used in this artiole- instead of the word "re-eleotion".

(2) A person shall not be eligible for election as a Governor of a State—

(a) if he is disqualified for being chosen as a member of the Legislative Assembly of the State:

5

Provided that it shall not be necessary for any such person to be a resident of the State; or

(b) if he holds any office or position of emolu-

ment under the Government of India or the Government of any State for the time 10 being specified in the First Schedule, or under any local or other authority sub- ject to the control of any of the said Governments.

Explanation.—For the purposes of this 15.

clause a person shall not be deemed to hold any office or position of emolument by reason only that— (a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or

Alternatively 30

*134. (1) No person shall be eligible for appoint- ment as Governor unless he* is a citizen of India and has completed the age of thirty-five years.

Qualification; for appoint- ment as Governor.

(2) A person shall not be eligible for appointment as Governor of a State if he is disqualified for being gft chosen as a member of the Legislative Assembly of the State:

Provided that it shall not be necessary for any such person to be a resident of the State.

135. (l) The Governor shall not be a member 40 Conditions of Governor's offioe.

either of Parliament or of the Legislature of any State for the time being specified in the First

'11 tne sooonci alternative is adopted in article 131, this alter- native -will have to be adopted in the present article.

Schedule, and if a member of Parliament or of the Legislature of any such State be elected/'"appointed Governor, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office 6 as Governor.

(2) The Governor shall not hold any other office or position of emolument.

(3) The Governor shall have an official residence, and there shall be paid to the Governor such emolu- 10 ments and allowances as may be determined by the Legislature of the State by law and, until provision in that behalf is so made, such emoluments and allow- ances as are specified in the Second Schedule.

(4) The emoluments and allowances of the Gover-15 nor shall not be diminished during his term of office.

136. Every Governor and every person discharg- ing the functions of the Governor shall before enter- ing upon his office make and subscribe in the presence of the members of the Legislature of the State an 20 i affirmation or oath in the following form, that is to say:—

Affirmation or oath by the Govornc oc person discharging the funotioE of the Governor before entering-

.offloe.

" I, A. B., do solemnly affirm (or swear) that 1 will faithfully execute the office of Governor (or discharge the functions of 25 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 30 Of (name of the State)."

*

Yrooedure for impeachment "f the Gover- nor.

137. (1) When a Governor is to be impeached for violation of the Constitution, the charge shall be pre- ferred by the Legislative Assembly of the State.

(2) No such charge shall be preferred unless— 35 (a) the proposal to prefer such charge is con- tained in a resolution which has been moved after a notice in writing signed by not less than thirty members of the Assembly has been given of their intention 40 to move the resolution, and

*If the eeoond alternative is adopted in arfciole 131, the word "appointed" will have to be used in clause (1) of this article instead of the word "elected".

(b) the resolution has been supported by not less than two-thirds of the total member- ship of the Assembly.

(3) When a charge has been so preferred, the Speaker of the Assembly shall inform the Chairman 5 of the Council of States and thereupon the Council of States shall appoint a committee which may consist of or include persons who are not members of the Council, to investigate the charge and the Governor shall have the right to appear and to be represented 10 at such investigation.

(4) If as a result of the investigation a resolution is passed, supported by not less than two-thirds of the total membership of the Council of States declaring that the charge preferred against the G-overnor has 15 been sustained, such resolution shall have the effect of removing the Governor from his office as from the date on which the resolution is communicated to the Speaker of the Assembly.

*138. The Legislature of a State may make such 20

provision as it thinks fit /The President may make such provision as he thinks fit for the discharge of the functions of the Governor of the/a State in any contingency not provided for in this "Chapter.

Power of the Legisla- ture of the •State/tho Proaidont to (provide for the disoharge of the funo- tions of the Governor hi oertain con- tingenoies.

*If the second alternative is adoptod in articlo 131, the worda "The President may make such provision as he thinks fit" will have to be used hi this article instead of the words "The-Legis- lature of a State may make such provision as it thinks fit" and the words "a State" will havo to be used fo;¹ the words "the State" in this artiolo.

The Committee ifl of opinion that whether the Governor is elected by the people or appointed by the President from a panel eleoted by the Legislature, it is unnecessary to have a Deputy Governor. Unlike the Vice-president at the Centre, the Deputy Governor cannot bo made ex-officio Chairman of the Upper House, because in most of the States there will be no Upper House. The result is that the Deputy Governor will have no definite funotion to perform so long as the Governor is there. The only ground for oreating the office of a Deputy Governor appoars to be that there must be some person to step into the jiosition of the Governor upon the occurrence of a sudden vacancy. The making of such a provision oan be left to the Legislature of the State or to the Presi- dent, as the oase may be, e.g., the Legislature or the President may provide in advance that, in the event of a suddon vacancy occurring in the offioo of the Governor, the Chief Justice shall disohargo the functions of the Governor {of. paragraph 6 of the Lottors Patont constituting the office of Governor-General of the Union of South Afrioa, whero it is provided that tho Chief Justioe of South Africa may, in certain oontingenoies, exorcise the powers of the Governor-General.)

*139. (1) An election/An election to constitute a panel for the purpose "of filling a vacancy caused by the expiration of the term of office of a Governor shall be completed before the expiration of the term.

6 Time of holding elections/ time of holding elw- tions to cons- titute a pano] for tho filling of vacancies in tho ofiioe of the Governor.

(2) An election /An election to constitute a panel for the purpose of filling a vacancy in the office of Governor occurring by reason of his death, resignation or removal or otherwise shall be held as soon as possible after the occurrence of the vacancy JQ and the person elected/appointed to fill the vacancy shall be entitled to holofofflce for the full term of five years as provided in article 132 of this Consti- tution.

'"'"HO. (1) All doubts and disputes arising out of 15

or in connection with the election of a Governor/the election to constitute a panel for the purpose of the appointment of a Governor shall be inquired into and decided by the Supreme Court whose decision shall be final. 20 Matters re- lating to or oonne^ted with tho election of a Governor/ tho election to constitute a panel for tEe appoint- ment of a governor.

(2) Subject to the provisions of this Constitution, the Legislature of the State may, by law, regulate any matter relating to or connected with the election of a Governor /the election to constitute a panel for the purpose of tEe~ appointment of a Governor." 25

141. The Governor of a State shall have the power to grant pardons, reprieves, respites or remis- sions of punishment, or to suspend, remit or com- mute the sentence, of any person convicted of any offence against any law relating to a matter with QQ respect to which the Legislature of the State has power to make laws.

Power of Governor to grant pardons, ©to., and to suspend, remit or oomnmte sentences in oertain oases

*If tho sooond alternative is adopted in artiole 131, then the words "An election to constitute a panel" will have to be used la clauses (1) and (2) of this artiole instead of the words "An election" and the word "appointed" will have to be used in clause (2) of this article instead of the word "elected".

1

**If the seoond alternative is adopted in artiole 131, then the words "the oleotion to constitute a panel for the purpose of the appointment of a Governor" will have to bo used in clauses (1) and (2) of this artiole instead of the words "the eleotion of a Governor".

142. Subject to the provisions of this Constitu- tion, the executive power of each State shall extend—

Extent of "xeoutive power of States.

(a) to the matters with respect to which the Legislature of the State has power to make 5 laws, and

(b) to the exercise of such rights, authority and jurisdiction as are exercisable under any agreement entered into with any State or group of States for the time being speci-10 fled in Part III of the First Schedule under article 236 or article 237 of this Constitution.

Council of Ministers

143. (1) There shall be a Council of ministers 15 Council of ministers to aid and ad- vise Gover- nor.

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.

20

(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 discre- tion shall be final, and the validity of anything done 25 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 30 shall not be inquired into in any court.

Other pro-jj visions as to ministers.

144. (1) The Governor's ministers shall be ap- pointed by him and shall hold office during his pleasure:

Provided that in the States of Bihar, Central 35 Provinces and Berar and Orissa, there shall be a minister in charge of tribal welfare who may in ad- dition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

(2) 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.

(3) A minister who, for any period of six conse- 5 cutive months, is not a member of the Legislature of the State shall at the expiration of that period cease to be a minister.

(4) In choosing his ministers and in his relations with them the Governor shall be generally guided 10 by the Instructions set out in the Fourth Schedule, but the validity of anything done by the Governor shall not be called In question on the ground that it was done otherwise than in accordance with such In- structions.

15.

(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 Legis- lature of the State so determine, shall be as specified in the Second Schedule. 20

(6) The functions of the Governor under this article with respect to the appointment and dismissal of ministers shall be exercised by him in his discre- tion.

Advocate-

General for

the State.

The Advocate-General for the State 25> 145. (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 30 such legal matters and to perform such other duties of a legal character as may from time to time be re- ferred 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 3f in force.

(3) The Advocate-General shall retire from office upon the resignation of the Chief Minister in the State, but he may continue in office until his successor is appointed or he is reappointed. 40

(4) The Advocate-General shall receive such re-

muneration as the Governor may determine.

Conduct of Government Business

146. (1) All executive action of the Government of a State shall be expressed to be taken In the name 5 of the Governor.

Orfnduot of business of the Gove_"n- mont of a State.

(2) Orders and other instruments made and exe- cuted in the name of the Governor shall be authenti- cated in such manner as may be specified in rules to be made by the Governor, and the validity of an 10 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 Governor.

147. It shall be the duty of the Chief Minister of 15

each State—

Duties of Chief Minister as respects the furnishing of informa- tion to Governor, eto.

(a) to communicate to the Governor of the State ill decisions of the Council of ministers relating to ;he administration of the affairs of the State and proposals for legislation; 20 (b) to furnish such information relating to the administration of the affairs of the State and pro- posals for legislation as the Governor may call for; and

(c) if the Governor so requires, to submit for the 25

consideration ol the Council of ministers any matter on which a decision has been taken by a minister but which baa not been considered by the Council.

CHAPTER III—The State Legislature

General 30

148. (1) For every State there shall be a Legis-

lature which shall consist of the Governor; and

(a) in the States ot-

two Houses,

(b) in other States, one House. 35 Constitution of Legi Ma- tures in States in Part I of the First Sche- dule.

(2) Where there are two Houses of the Legis- lature of a State, one shall be known as the Legisla- tive Council and the other as the Legislative Assembly and where there is only one House, it shall b: known as the Legislative Assembly. 40

•Tho namori of thoao States will bo filled in whon it has been ascertained which of tho States avo to havo two Houses.

Composition of the Legis- lative Aflsemblies,

149. (1) Subject to the provisions ol articles 294 and 295 of this Constitution the Legislative Assembly ol each State shall be composed ot members chosen by direct election.

(2) The election shall be on the basis of adult 5, suffrage; that Is to say, every citizen who is not less than twenty-one years ol age and is not otherwise disqualified under this Constitution or any law made by the Legislature ol the State on the ground ol non- residence, unsoundness ol mind-, crime or corrupt 10 or illegal practice shall be entitled to be registered as a voter at such elections.

(3) The representation of each territorial consti- tuency in the Legislative Assembly of a State shall be on the basis of the population ol that constituency 15 as ascertained at the last preceding census and shall, save in the case of the autonomous districts ol Assam, be on a scale of not more than one repre- sentative for every lakh of the population:

Provided that the total number of members In 20 the Legislative Assembly ol a State shall in no case be more than three hundred or less than sixty.

(4) Upon the completion of each census, the repre- sentation of the several territorial constituencies in the Legislative Assembly ol each State shall, sub- 25 ject to the provisions of article 289 of this Consti- tution, be readjusted by such authority, in such manner and with effect from such date as the Legis- lature ol the State may by law determine:

Provided that such readjustment shall not affect 30 representation to the Legislative Assembly until the dissolution ol the then existing Assembly.

Oompositioii of the Legis- lative Coun- cils.

150. (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed twenty-five per cent of the 35 total number of members in the Legislative Assemb- ly of that State.

(2) Of the total number of members in the Legis- lative Council of a State—

(a) one-half shall be chosen from panels of 40

candidates constituted under clause (3) of

this article;

(b) one-third shall be elected by the members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote; and 5

(c) the remainder shall be nominated by the

Governor.

(3) Before the first general election and, there- after, before each triennial election under clause <2) of article 161 of this Constitution to the Legisla- 10 tive Council of a State, five panels of candidates shall be formed, of which one shall contain the names of representatives of universities in the State and the remaining four shall respectively contain the names of persons having special knowledge or practi-15

(&) literature, art and science; (b) agriculture, fisheries and allied subjects; (c) engineering and architecture; 20 (d) public administration and social services.

(4) Each panel of candidates constituted under clause (3^ of this article shall contain at least twice the number to be elected from such panel.

(5) For bye-elections clauses (3) and (4) of this 25 article shall have effect subject to such adaptations and modifications as may be prescribed by the Legis- lature of the State by law.

Duration of JSbate Legis- latures.

151. (1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for 30 •"five vears from the date appointed for its first meeting and the expiration of the said period of "five years shall operate as a dissolution of the Assembly^

*Tho Committee has inserted "five years" instead of "four years" as the life of the Assembly, as it considers that undor the Parliamentary system of Government the first yoar of a Minister's term of offioe would gonerally be taken up in gaining knowledge of the work of administration and the last year would be taken up in preparing for the n"xt general election, and there would thus be only two yoars left for effeotivo work which would be too short a. period for planned administration.

1$) The Legislative Council of a State shall not a subject to dissolution, but as nearly as may be one-third of the members thereof shall retire as soon as may be on the expiration of every third year in accordance with the provisions made in that behalf 5 by the Legislature of the State by law.

Age4unM for "i"iaJ ^rship of the Stete LegiaUtuie¹.

152, A person shall not be qualified to be chosen to £11 a seat in the Legislature of a State unless he is, in the case of a seat in a Legislative Assembly, not less than twenty-five years of age, and in the 10 case of a seat in a Legislative Council, not less than thirty-five* years of age.

Sessions of the State Legislature, prorogation and dissolu- tion.

153$. (1) The House or Houses of the Legislature of the State shall be summoned to meet twice at least m every year, and six months shall not intervene lg between their last sitting in one session and the date appointed for their first sitting in the next session.

(2) Subject to the provisions, of this article, the Governor may from time to time— 20

(a) summon the Houses or either House to meet

at such time and place as he thinks fit;

(b) prorogue the House or Houses;

(c) dissolve the Legislative Assembly,

(3) The functions of the Governor under sub- 25

clauses (a) and (c) of clause (2) of this article shall be exercised by him in his discretion.

Right of Governor to address and send mes- sages to the Houses.

154. (1) The Governor may address the Legislative Assembly or in the case of a State having a Legis- lative Council, either House of the Legislature of 30 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 35 whether with respect to a Bill then pending in tKe

I^egisiftturB or otherwise, and a H&usfe to which any message is ao sent shall with BII cpave&ifliit despatch consider any matter required by the message to fee taken into 'consideration.

*ifi6. (1) At the commencement of every session, 6

the ttqtieraior shall address the legislative Assembly qrt mother case of a State having a Legislative Coun- cil, bot& Ho&ises assemble^ together and inform the Legislature -of the cause o? its summons.

(5) provision shall be made hy'the rules regula-10

ifttg'the procedure of either Hqtise for the allotment of time tot a discussion of the Matters referred to in such address and tor the precedence of such dis- cussion over Other business of the Jlouse.

Special ad- dress }yy tfto Governor af the oom- mqncement of eaoh'sr^ oion and discussion in the Legis- lature of matters re- ferred to in the address.

156. Every minister and the Advocate-General IS Bights of ministers and Advo- cate-General as respeota the Houses.

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 Lagislative G,0uncty,,$Qth Houses and any joint sitting of the Houses, and to speak in, 20 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.

Officers of The State Legislature 25

The Speaker and Deputy Speaker of the Legisla- tive Assem- bly.

157. 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 30 Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

*This olauae whioh ia based on the praotice provalent in tho Parliament of the United Kingdom has boon inserted by the Com- mittee as it oonsiders that it will prove useful in our Constitution also.

168. 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;

Vacation and resignation of, and removal fra:n th'" offlie of, Speaker and Dapirty Speaker.

(b) may at any time by writing under his 5

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 for incapa- 10

city or want of confidence by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at 15 least fourteen days' notice has been given of the in- tention to move the resolution:

Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the 20 Assembly after the dissolution.

159. (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 Assembly as the Gov- 25 ernor may appoint for the purpose.

Power of the Deputy Speakoj o' other persons to pe-fo 'in the dutie.i of the office of or to aot m, Spoaker.

(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 30 such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

The Chair- man and Deputy Chairman of the Legis- lative Oounoil.

160. The Legislative Council of every State having such Council, shall, as soon as may be, choose two members of the Council to be respectively Chair-,% man 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.

4.

161. A member holding office as Chairman or

Deputy Chairman oi a Legislative Council—

(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 5 Vacation and resignation of, and re- moval from, the office of Chairman and Deputy Chairman.

addressed, if such member is the Chair- man, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and

(c) may be removed from his office for incapacity 10

or want of confidence 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) of this article shall be moved unless at 15 least fourteen days' notice has been given of the intention to move the resolution.

162. (1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or if the office of Deputy 20 Chairman is also vacant by such member of the Council as the Governor may appoint for the purpose.

Power of the Deputy Chairman or other persons to perform the duties of the offioe of, or to act as, Chairman. (2) During the absence of the Chairman from any sitting of the Council, the Deputy Chairman or, if 25 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 bv the Council, shall act as Chairman.

163. There shall be paid to the Speaker and the 30 Salaries and allowanoes of the Speaker and Deputy Speaker and the Chairman and Doputy Chairman.

Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Le- gislative 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 36 so made, such salaries and allowances as are speci- fied in the Second Schedule.

C o n d u ct of B u s i n e ss

Voting in ^Houses;

gwer of

ousos to aot

164. (1) Save as provided in this Constitution, all questions in a House or a joint sitting of two Houses 40 of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman or per- son acting as such.

notwith- standing vacancies and quorum.

The Speaker or Chairman or person acting as such 3hall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes.

(2) A House of the Legislature of a State shall 5 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 other- 10 wise took part in the proceedings.

(3) If at any time during a meeting of the Legis- lative 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 15 to adjourn the House or to suspend the meeting until there is a quorum.

The quorum shall be ten members or one-sixth of the total number of members of the House, which- ever is greater.

20

Disqualifications of M e m b e rs

Declaration by members.

165. Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Gov- ernor or some person appointed in this behalf by 25 him, a declaration according to the form set out for the Durnose in the Third Schedule.

Vocation of seats.

166, (1) No person shall be a member oi both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law 30 for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

(2) No person shall be a member both of Parlia- ment and of the Legislature of a State and if a person is chosen a member both of Parliament and of the 35 Legislature of a State, then, at the expiration of such period as may be specified in rules made by the Governor of the State, that person's seat in the Legislature of the State shall become vacant, unless he has previously resigned his seat in Parliament. 40

(3) If a member of a House of the Legislature ol a State—

(a) becomes subject to any of the disqualifications mentioned in clause (1) of the next sue- ceeding article; or " (b) resigns his seat by writing under his hand addressed to the Speaker or the Chair- man, as the case may be,

his seat shall thereupon become vacant.

(4) If for a period of sixty days a member of a 10 House of the Legislature of a State is without per- mission 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 1° during which the House is prorogued or is adjourned for more than four consecutive days.

Disqualifi- cations for membership.

167. (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— 20 (a) if he holds any office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule other than an office declared by the Legislature of the State 25 by law not to disqualify its holder; (b) if he is of unsound mind and stands so de- clared by a competent court;

(c) if he is an undischarged insolvent;

•(d) if he is under any acknowledgment of alle- 30 giance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;

(e) if he is so disqualified by or under any law 35 made by the Legislature of the State.

(2) For the purposes of this article, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule by 40 reason only that—

(a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or

•The Committee has jnuerterl thi" ^ab-olause following the provisions of seot'on 44 (i) of the Australia Constitution Aot.

(b) he is a minister for any State for the time be- ing specified in Part III of the First Sche- dule, if he is responsible to the Legisla- ture of the State, or where there are two Houses of the Legislature of the State, to 5 the Lower House of such Legislature and if not less than three-fourths of the mem- bers of such Legislature or House, as the case may be, are elected.

168. If a person sits or votes as a member of the 10 Penalty for sitting and voting be- fore making declaration under artiole 165 or when net qualified or when dis- qualified.

Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 165 of this Constitution, or when he knows that he is not qualified or that he is disqualified for membership thereof or that he is prohibited from so 10 doing by the provisions of any law made by the Legis- ture of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty oi five hundred rupees to be recovered as a debt due to the State.

20

Privileges, eto. of mem- bera. '

Privileges and Immunities of Members 169. (1) Subject to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.

25 (2) No member of the Legislature of a State shall 3e liable to any proceedings in any court in respect 3f anything said or any vote given by him in the Le- gislature or any committee thereof, and no person 3hall be so liable in respect of the publication by or 30 under the authority of a House of such a Legislature 9f any report, paper, votes or proceedings.

(3) In other respects the privileges and immuni- ties of members of a House of the Legislature of a State shall be such as may from time to time be de- 36 fined by the Legislature by law, and until so de- fined, shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commencement of this Cons- titution.

40

(4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of the Legislature of a State as they apply in 45 relation to members of that Legislature.

Salaries and allowances of members.

170. 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 5 so made, allowances at such rates and upon such conditions as were immediately before the date of commencement of this Constitution applicable in the case of members of the Provincial Legislative Assem- bly for that State.

10

Legislative Procedure

Provisions aa to introduo- tion and passing of Bills.

171. (1) Subject to the provisions of articles 173 and 182 of this Constitution with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which 15 has a Legislative Council.

(2) Subject to the provisions of articles 172 and 173 of this Constitution, 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 20 been agreed to by both Houses either without amend- ment 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 25 House or Houses thereof.

(4) A Bill pending in the Legislative Council of a State which has not been passed by the Legisla- tive Assembly shall not lapse on a dissolution of the 30 Assembly.

(5) A Bill which is pending in the Legislative Assembly of a State, or which haying been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of 35 the Assembly.

Joint eitthig of bo h Houses in •States hav- ing Legisla- tive Councils in certain oaaea.

17Z. (l) 11 alter a BULL nas been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, more than six months elapse from the date of the reception of the Bill by the Council without the Bill⁴<* being passed by both Houses, the Governor may, un- less the Bill has lapsed by reason of a dissolution of the Legislative Assembly, summon the Houses to

meet in a joint sitting for the purposes 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 5 is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days. (3) If at the joint sitting of the two Houses summoned m accordance wish the provisions of this 10 article the Sill, with sucli amendments,, if any, as are agreed to in joint sitting, is passed by a majo- rity of the total number of members of both Houses present and voting, it shall be deemed for the pur- poses of this Constitution to have been passed by ¹⁵ both Houses:

Provided that at a joint sitting—

(a) if the Bill has not been passed by the Legis- lative Council with amendments and returned to the Legislative Assembly, no 20 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;

fb) if the Bill has been so passed and returned 25

by the Legislative Council, only such amendments as aforesaid shall be pro- posed to the Bill and such other amend- ments as are relevant to the matters with respect to which the Houses have not 30 agreed;

and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

*173. (1) A Money Bill shall not be introduced in 35 Legislative Council.

Special pro* ceduve in respect of Money Bills. (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 40

*Tbis article and all other provisions in this Chapter relating to "Money Bills" have been inserted to give effect to the recom- mendations of the Expert Committee on the Financial Provisions of the Constitution.

TH^ CJAZ^ITTJE ,0F INDIA EXTRAOWIHABY,. iTE^/SQ, IMS Hi

Council shaU, within a period of thirty days from the (fate of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly ntay thereupon either accept or reject all or any of the recommendations 5 of the Legislative Council. ^

(3) If the Legislative Assembly accepts aoy^of ;ha recommendations of the Legislative Cwmcil, the Vtonev Bill shall be deemed to have been passed by both Houses with the amendments rqcomnieWed by io the Legislative Council and accepted by tteoj Legisla- tive Assembly.

(4>) If the Legislative Assembly does not accept any of the recommendations of¹ tn'e Legislative Council, the Money Bill shall be deemed; to have been 15 passed by the Legislative Assembly without any of ^amendments recommended By tha tjflffislftUve CJouncil.

(5) If a Money Bill passed by the Legislative Assembly and transmitted \o the Legislative Council 20 for its refcomme^atlonB is tiot rfctutnedto the Legis- l a te Assembly within the Satd Jjwrtoid of thirty days, it%h^1W'6^eto"a t ^ h ^e toftet plsBed by both Houses ik %bb ejipiratioin Of the said period In the form in which it was p^sed by the Legislative Assembly. 25

174, (l),F,or th© purposes of this Chapter, a Bill jhaE be deemed to b^ a Money Bill if it contains only .proyisjpns deling with all or any of the following matters,, n^mflly^-

ito) Vato imposition, abolition, remission, altera- 30

tion or regulation of any tax;

(b) thd regulation of the borrowing pi money or the giving of riny guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken 35 or to be undertaken by the State;

(c) supply; (d) the appropriation of the revenues of the

State;

(e) the declaring of any expenditure to be ex* 40

penditure charged on the revenues of the State, or the Increasing of the amount oi any such expdEditiire;

(f) the receipt of money on account of the reve- nues of the State or the custody or issue of such money or the audit of the accounts of the State; or

(g) any matter incidental to any of the matters 5

specified in items (a) to (f) of this clause. (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition ol fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services 10 rendered or by reason that it provides for the impo- sition, 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 intro- 1& duced in the Legislature of a State which has a Le- gislative Council is a Money Bill or not, the deci- sion of the Speaker of the Legislative Assembly of such State thereon shall be final.

(4) There shall be endorsed on every Money Bill 2O when it is transmitted to the Legislative Council un- der the last preceding article, and when it is pre- sented to the Governor for assent under the next suc- ceeding article, the certificate of the Speaker of the Legislative Assembly signed by him that it is a 25 Money Bill.

Assent ' to Bills.

175. A Bill which has been passed by the Legis- lative 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, shall be 30 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 where there is only one House ol 35 the Legislature and the Bill has been passed by that House, the Governor may, in his discretion, return the Bill together with a message requesting that the House will reconsider the Bill or any speci- fied provisions thereof and, in particular, will 40 reconsider the desirability of Introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House shall reconsider it accordingly and if the Bill is passed

again by the House with or without amendment and presented to the Governor lor assent, the Governor shall not withhold assent therefrom.

Bills reserved for considera- tion.

176. When a Bill is reserved by a Governor lor the consideration ol the President, the President 5 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 10 of the Legislature of the State together with such a message as is mentioned in the proviso to the last preceding article 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 15 of such message and, if it is again passed by them with or without amendment, it shall be presented again to the President for his consideration.

Procedure in Financial Matters

177. (1) The Governor shall in respect of every 20 Annual financial statement.

financial year cause to be laid before the House or Houses of the Legislature ol the State a statement ol the estimated receipts and expenditure of the State for that year, in this Part of this Constitution referred to as the "annual financial statement". 25

(2) The estimates of expenditure embodied in the annual financial statement shall show separately—

(a) the sums required to meet expenditure described by this Constitution as expendi- ture charged upon the revenues of the 30 State; and

(b) the sums required to meet other expenditure proposed to be made from the revenues ol the State;

and shall distinguish expenditure on revenue account 35 from other expenditure.

(3) The following expenditure shall be expendi- ture charged on the revenues of each State—

(a) the emoluments and allowances of the

Governor and other expenditure relating 4.0 to his office;

(b) the emoluments 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 Chair- 5 man 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 ol 10 loans and the service and redemption ol debt;

(d) expenditure In respect of the salaries and

allowances of judges of any High Court;

(e) any sums required to satisfy any Judgment, 15

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. 2n

Prooedure in Legislature with respect to estimates.

178. (1) So much of the estimates as relates to expenditure charged upon the revenues 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 Legis- 25 lature of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, 30 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 Governor. 35

179. (1) The Governor shall authenticate by his signature a schedule specifying—

(a) the grants made by the Assembly under the

last preceding article;

Authentica- tion of sche- dule of authorised 2 expenditure.

(b) the several sums required to meet the 40

expenditure charged on the revoaues of the State, but not exceeding in any case, the sum shown in the statement pre- viously laid before the House or Houses.

(2) The schedule so authenticated shall ue laid before the Assembly but shall not be open to discussion or vote in the Legislature.

(3) Subject to the provisions of the next two succeeding articles, no expenditure from the revenues 5- of the State shall be deemed to be duly authorised unless it is specified in the schedule so authenticated.

Supplemen- tary state- ments of ex- penditure.

180. If in respect of any financial year further expenditure from the revenues of the State becomes necessary over and above the expenditure theretofore 10 authorised for that year, the Governor shall cause to be laid before the House or Houses a supplementary statement showing the estimated amount of that expenditure, and the provisions of the preceding articles shall have effect in relation to that statement 15 and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein.

Excess grants *181. If in any financial year expenditure from the revenues of the State has been incurred on any ser- 20 vice for which the vote of the Legislative Assembly is necessary in excess of the amount granted for that service and for that year, a demand for the excess shall be presented to the Assembly and the provisions of articles 178 and 179 of this Constitution shall have 25 effect in relation to such demand as they have effect in relation to a demand for a grant.

Special pro- visions as to finanoial Bills.

182. (1) A Bill or amendment making provision for any of the matters specified in items (a) to (f) of clause (1) of article 174 of this Constitution shall hot 30 be introduced or moved except on the recommendation of the Q-overnor, and a Bill making such provision shall not be introduced in a Legislative Council:

Provided that no recommendation shall be required under this clause for the moving of an 35 amendment making provision for the reduction or abolition of any tax.

*Thi8 artiole has been inserted, to follow the recommendation of the Expert Committee on the Finanoial Provisions of the Constitution.

(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 5 rendered, or by reason that it provides for the impo- sition, 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 10 operation, would involve expenditure from the revenues 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.

15

Procedure Generally

Bules of Procedure.

183. (1) A House of the Legislature of a State may make rules for regulating, subject to the provi- sions of this Oonstitution, its procedure and the conduct of its business. 20 (2) Until rules are made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Provincial Le- gislature for the State shall have effect in relation 25 to the Legislature of that 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.

30

(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 pro- cedure with respect to joint sittings of, and com- 35 munications between, the two Houses.

(4) At a joint sitting of the two Houses the Speaker of the Legislative Assembly*, or in~Hs absence such person'as may be determined by rules of procedure made under clause (3) of this article, 40 shall preside.

•The Committee is of opinion that the Speaker of the Assembly should preside at a joint sitting of the two Houses as the Assembly la the more numerous body.

184. (1) In the Legislature of a State, business shall be transacted in the language or languages generally used in that State or in Hindi or in English.

Language to be used in the Legislatures of States.

(2) The Speaker of the Legislative Assembly or 5

the Chairman. of the Legislative Council may, whenever he thinks fit, make arrangements for making available in the Assembly or the Council, as the case may be, a summary in any language generally used in the State or in English of the 10 speech delivered by a member in any other language, and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered.

186. (1) No discussion shall take place in the 15' Restrictions on discussion in the Legis- lature.

Legislature of a State with respect to the conduct of any judge of the Supreme Court or of a High Court [n the discharge of his duties.

(2) In this article, the reference to a High Court shall be construed as including a reference to any 2O court in a State for the time being specified in Fart III of the First Schedule which is a High Court for any of the purposes of Chapter IV of Part V of this Constitution.

186. (1) The validity of any proceedings in the 25- Courts not to inquire into proceedings of the Legis- lature.

Legislafure of a State shall not be called in question on the ground of any alleged irregularity of proce- dure.

(2) No officer or other member of the Legislature of a State in whom powers are vested by or under 3O 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.

36-

CHAPTER IV-Legislative Power of

the Governor

187. (1) If at any time, except when the Legis- lative Assembly of a State is in session, or where there is a Legislative Council in a State, except when 40> both Houses of the Legislature are in session, the •Power of Governor to promulgate Ordinances during reoess of Legisla- ture.

Governor is satisfied that circumstances exist which' tender it necessary lor him to take immediate action, he may¹ promulgate such Ordinances as the circum- stances appear to him to require:

Provided that the Governor shall not, without 5 instructions from the President, promulgate any such Ordinance if an Act of the Legislature of the State containing the same provisions would under the provisions of this Constitution have been invalid unless, having been reserved for the consideration 10 of the President, it had received the assent of the President.

(2) Ah Ordinance promulgated under tikis article shall have the same fofce and effect as an Act of the Legislature of the State assented to by the 15 Governor, but every such Ordinance—

(a) shall be laid before the Legislative Assembly of the State, or where there is a Legis- lative Council in the State, before both the Houses j anJy of the Legislature, or if before th" expiratftfo of that period a resolu- tion dis-approvlng it i"rp"a&tod by the LogisIatWe- Assembly arid agreed to by 28 tBfe Legislative Council, if any, upon the passing of the restotation or, as the oase may be, on the resolution being agreed to by the Council; and

(b) may be withdrawn at any time by the 30

Governor.

Explanation.—Where the Houses of the Legis- lature of a State having a Legislative Council are summoned to re-assemble on different dates, the period of six weeks shall be reckoned from the later 35 of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this arti- cle 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: 40

Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act

THE fiAZ&SS'TE OF J " W A' KX£ltA<>'ft!Dl¹NAttY, 1*E" 2l3, 1*48 2&-

3H Aojt of Parliament or an existing law wim res- pect 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 5 State Which hau been reserved for the onaideration of the President and assented to by hi

QUAPTKK V-Pfovisions in Cases of Grave Emergencies

188. (1) If at any time tjlfr (Joverncr of a State is 10 Power of Governor in grave

satisfied that a grave emergency has arisen which threatens the peace and tranquillity oi the Stale and that; ijb is -not possible to ca#ry on the Gtovenynetyt e$ fcha State i^ accordance with the> pjoylsions of tfcia Constitution, hfl may, by proclamation, declare 15 that his functions shall, to such extent as may be specified in the proclamation, be exercised by him in his discretion, .anil any $vtch proclamation may cbttt'a^n such Incidental and consequential provisions as may appear to him htfcessary - 6f tfoslrable for 20 .giving effect to the objects of the proclamation including provisions for suspending i^ whole or in 'pttr't thk fipe^atidn 6$ any piovraiond dt this Consti- tution relating > * to $}iy body or authority in the 25 State:

Provided that nothing m foils' 'clause shpll authorise the Governor to suspend,' either in whole or in part,, the operation of any provision of this Constitution relating to High Courts.

(2) The proclfeina'iion shall' be forthwith commu- 30 njcated by the Gowwior to the ^President who may, thereupon either revoke the proclamation or take such action as he considers appropriate in exercise of the emergency powers vested in him under article 2Y8 of this Constitution. 36

{3) A proclamation under this article shall cease to operate" at the expiration of two weeks unless revoked earlier by the Governor or by the President by public notification.

(4) The functions of the Governor under this 40 jftfctifcle IBH&H be BxewEtaeoV by Mm. in his discretion.

CHAPTER Vl-Scheduleo and

Tribal Areas

De finitions. 189. In this Constitution—

(a) the expression "scheduled areas" means the

areas specified in Parts I to VII of the - table appended to paragraph 18 of the Fifth Schedule in relation to the States to which those Farts respectively relate;

(b) the expression "tribal areas" means the

areas specified in Farts I and II of the ^ table appended to paragraph 19 of the Sixth Schedule.

190. (1) The provisions of the Fifth Schedule Administra- tion of Bohe- duled and tribal areas.

shall apply to the administration and control of the scheduled areas and scheduled tribes in any State for 1& the time being specified in Part I of the First Sche- dule.

(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam.

20

CHAPTER VII-The High Courts

in the States

Meaning of "High < W t"

191. (1) For the purposes of this Constitution the following courts shall, in relation to the territory of India except the States for the time being specified 2& in Part III of the First Schedule, be deemed to be High Courts, that is to say,—

(a) the High Courts in Calcutta, Madras, Bombay, Allahabad, Patna and Nagpur, the High Court of East Punjab and the 30 Chief Court in Oudh;

(b) any other court in any of these States constituted or re-constituted under this Chapter as a High Court; and

(c) any other court in any of these States which 35

may be declared by the appropriate Legislature by law to be a High Court for the purposes of this Constitution:

Provided that if provision is made by the appro- priate Legislature for the establishment of a High Court to replace any court or courts mentioned In this clause, then, as from the establishment of the new court, this article shall have effect as if the new 5 court were mentioned therein in lieu of the court or courts so replaced.

(2) Save as otherwise provided, the provisions of this Chapter shall apply to every High Court refer- red to in clause (1) of this article. 10

Constitution of High Courts.

192. Every High Court shall be a court of record and shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint:

Provided that the Judges so appointed together 15

with any additional Judges appointed by the Presi- dent in accordance with the following provisions of this Chapter shall at no time exceed In number such maximum as the President may by order fix in rela- tion to that Court.

20

Appointment *nd condi- tions of the office, of a judge of a HighCburt.

193. (1) Every judge of a High Court shall be appointed by the President by a warrant under his hand and seal 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 25 Chief Justice, the Chief Justice of the High Court of the State, and shall hold office until he attains the age of sixty years *or such higher age not exceeding sixty-five years ~ jisjnay beHftxed fiT this behalf by lawl)f~the" LegTslature of the Stated 39

*The provision for a higher age than 60 years does not exist in the Government of India Act, 193fi. The result is that the boat men from the Bar often refuse appointments on the Bonoh because under the existing age-limit of 60 years they would not have time to earn a full pension. It has also been pointed out that whon the age-limit for judges of the Supremo Court is 65 years it would not be possible to hold that a judge was too old for a High Court after 60. In view of the different nonditions prevail- ing in different State i, the Committee has added the underlined Words in this article so as to enablo the Legislature of ea^h State to fix any age-limit not exceeding 65 years.

Provided that—

(a) a judge may, by writing under his hand addressed to the Governor, resign his office f

(b) a judge may be removed from his office by 5

the President in the manner provided in clause (4) of article 103 of this Constitu- tion for the removal of a judge of the Supreme Court;

(c) the office of the judge shall be vacated by his 10

being appointed by the President to be a judge of the Supreme Court or of any other High Court.

(2) A person shall not be qualified for appoint- ment as a judge of a High Court unless he is a 15 iltizen of India and—

(a) has held for at least ten years a judicial office in any State in or for which there is a High Court; or

(b) has been for at least ten years an advocate 20

of a High Court or of two or more such courts in succession.

Explanation I.—For the purposes of this clause—

(a) in computing the period during which a

person has been an advocate of a High 25 Court, there shall be included any period during which a person held judicial office after he became an advocate; (b) in computing the period during which a

person has held judicial office in a State 30 for the time being specified in Part I or Part II of the First Schedule or been an advocate of a High Court, there shall be included anyperiod before the commence- ment of this Constitution during which 35 he held judicial office in any area which was comprised before the fifteenth day of August, 1947, within British India as defined by the Government of India Act, 1935, or has been an advocate of any 40 High Court in any such area, as the case mfiy be.

Explanation II.—In sub-clauses (a) and (b) of this clause, the reference to a High Court shall be construed as including a reference to a court in a State for the time being specified in Part III ol the First Schedule which is a High Court for the pur- 5 poses of articles 103 and 106 of this Constitution.

Application of certain provisions relating to Supreme Ooiirt to High Courts.

194. The provisions of clauses (4) and (5) of article 103 of this Constitution shall apply in rela- tion to a High Court as they apply in relation to the Supreme Court with the substitution of refer- 10 ences lo the High Court for references to the SuDreme Court.

Declaration by judges of High Courts before enter- ing office.

106. Every person appointed to be a Judge of a High Court in a State shall, before he enters upon his office, make and subscribe before the Governor 15 of the State or some person appointed in that behalf by him a declaration according to the form set out for the purpose in the Third Schedule.

*196. No person who has held office—

(a) as a judge of a High Court, or 20 (b) as an additional judge or temporary judge of a High Court on having been recruited from the Bar,

shall plead or act in any Court or before any autho- rity within the territory of India. 25 Prohibition of practising in oourts or be- tore any authority by a person Who held offloe qs a Judge of a High Court.

Salaries, e tc of judges.

197. The judges of each High Court shall be entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under lav; made by the Legislature of the State in'which the Court has its 30 principal seat, and until they are so fixed, shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are speci- fied in the Second Schedule:

Provided that the salary of the Chief Justice of 35

a High Court shall not be less than four thousand

*Tho Committee is of opinion that a person who has held offiw m judge of a High Court should be prohibited from praotis- ing in any court or boforo any authority and so ako peiaona who havo held office as additional judges or temporary judges of the court on. having beon recruited from the Bar.

rupees per month and the salary of any other Judge" of a High Court shall not be less than three thousand and five hundred rupees per month:

Provided further that neither the salary of a judge nor his rights in respect of leave of absence or & pension shall be varied to his disadvantage after his appointment.

Temporary judges.

198. (1) 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 per- 10 form 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.

(2) (a) When the office of any other judge of a 1& High Court is vacant or when any such judge is appointed to act temporarily as a Chief Justice, or is unable to perform the duties of his office by reason of absence or otherwise, the President may appoint a person duly qualified for appointment as 20 a judge to act as a judge of that court.

(b) The person appointed shall, while so acting, be deemed to be a judge of the court.

(c) Nothing contained in this clause shall pre- vent the President from revoking any appointment 25 made under this clause.

Additional judges.

199. If by reason of any temporary increase in the business of any High Court or by reason of arrears of work in any such court, it appears to the President that the number of the judges of the 30 court should be for the time being increased, the President may, subject to the foregoing provisions of this Chapter with respect to the maximum number of judges, appoint persons duly qualified for ap- pointment as judges to be additional judges of the 35 court for such period not exceeding two years as he may specify.

Attendance of retired judges at sittings of HighCo:*t"

"'200. Notwithstanding anything contained in this Chapter, the Chief Justice of a High Court may at any time, subject to the provisions of this article, request any person who has held the office of a judge of that court to sit and act as a judge of the court, 5 and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed ;o be, a judge of that court:

Provided that nothing in this article shall be 10 deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do.

Jurisdiction of existing High Courts.

201. Subject to the provisions of this Constitu- tion and to any provisions of any law of the appro-15 priate Legislature made by virtue of the 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 20 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: 25

Provided that any restriction to which the exer- cise of original Jurisdiction of 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 30 the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.

Power o'" High Court* to i.jsiie oerLain writs.

202. (1) Notwithstanding anything contained in article 26 of this Constitution, every High Court shall have power, throughout the territories in rela- 35 tion to which it exercises jurisdiction, to issue direc- tions or orders in the nature ot the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part III of this Constitution and for any 40 other purpose.

*The employment of retired judges follows the practice in the United Kingdom and in the United States of America.

(2) The power conferred on a High Court by clause (1) of this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 25 of this Constitution.

203. (1) Every High Court shall have super- ⁵ intendence over all courts throughout the territories in relation to which it exercises Jurisdiction.

Administra- tive functions of High Courts.

(2) The High Court may—

(a) call for returns from such courts;

(b) direct the transfer of any suit or appeal from 10

any such court to any other court of equal or superior jurisdiction, or witn- draw such suit or appeal from any such court to itself;

Transfer of oertain cases to High Court for trial.

205. (1) The salaries, allowances and pensions payable to or In respect of the officers and servants of a High Court shall be fixed by the Chief Justice of the court in consultation With the Governor ol the State in which the High Court has its principal 5. seat *

Salaries, allowances 'and pensions of officers and servants and the expenses of High Courts.

(2) The administrative expenses of a High uourt, including all salaries, allowances and pensions pay- able to or in respect of officers and servants of the court, and the salaries and allowances of the Judges 10. of the court, shall be charged upon the revenues of the State, and any fees or other moneys taken by the ' court shall form part of those revenues.

P6wer to constitute or re-constitute High Court.

206. (1) The Legislature of a State for the time being specified in Part I of the First Schedule may, 16 by law, constitute a High Court for the State or any part thereof or reconstitute in like manner any existing High Court for that State or for any part thereof, or where there are two High Courts in that State, amalgamate those courts. 20

(2) Where any court is reconstituted, or two courts are amalgamated, as aforesaid, the law made by the Legislature of the State shall provide for—

(a) the continuance in their respective offices of all the existing judges of the court or 26- courts and of such of the existing officers and servants of the court or courts as may be deemed necessary; and

(b) the carrying on before the reconstituted court or the new court of all pending 30- matters,

and may contain such other provision as may appear to be necessary by reason of the reconstitution or amalgamation.

207. Parliament may by law— 35.

(a) extend the jurisdiction of a High Court to, or Extension of qr exclusion from tho jurisdiction of High Courts. (b) exclude the jurisdiction of a High Court

from,

any State other than, or any area not within, the State in which the High Court has its principal seat: 4.0

Provided that no Bill for any such purpose shall be introduced in either House of Parliament unless— (i) where the jurisdiction is to be extended to or excluded from a State for the time being specified in Part I or Division A of 5 Part III of the First Schedule or any area within such State, the consent of such other State has been obtained; and (ii) where the jurisdiction is to be extended, the

consent of the State in which the High 10 Court has its principal seat has also been obtained.

208. Where a High Court exercises jurisdiction in relation to any area outside the State in which it has its principal seat, nothing in this Constitution 15 shall be construed—

(a) as empowering the Legislature of the State in which the court has its principal seat to increase, restrict or abolish that juris- diction;

20 ZRestriotions on the power of the Legis- latures of States to make laws with respeot to jurisdic- tion of a High Court in .a Stato havinj

. jurisdiction

outBidei that

(b) as empowering the Legislature of a State for the time being specified in Part I or Part III of the First Schedule^ which any such area is situate, to abolish, that jurisdiction; or 25

(c) as preventing the Legislature having power to make laws in that behalf for any such area, from passing, subject to the provisions of clause (b) of this article, such laws with respect to the jurisdiction 30 of the court in relation to that area as it would be competent to pass if the prin- cipal seat of the court were in that area.

Interpreta- tion.

209. Where a High Court exercises jurisdiction in relation to more than one State or in relation to a 35 State and an area not forming part of the State—

(a) references in this Chapter to the Governor in relation to the Judges of a High Court shall be construed as references to the Governor of the State in which the court 40 has its principal seat;

(b) the reference to the approval by the Gover- nor of rules, forms and tables for subordi- nate courts shall be construed as a refer-

ence to the approval thereof by the Gover- nor or the Ruler of the State In which the subordinate court Is situate, or if it is situate in an area not forming part of any State for the time being specified in Fart ft I or Part III of the First Schedule, by the President: and

(c) references to the revenues of the State shall be construed as references to the revenues of the State in which the court has its 10 principal seat.

CHAPTER IX-*Auditors-in-Chief

for the States

Auditor-in

Chief for a

State.

210. (1) The Legislature of a State for the time being specified in Part I of the First Schedule may by lft law provide for the appointment of an Auditor-in- . Chief for the State and when such provision has been made an Auditor-in-Chief for that State may be appointed by the Governor in his discretion and the Auditor-in-Chief so appointed shall only be 20 removed from office in like manner and on the like grounds as a judge of the High Court of the State.

(2) An Act passed under clause (1) of this article by the Legislature of a State shall provide that no appointment of an Auditor-in-Chief for the State 25- shall be made until the expiration of at least three years from the date of the publication after assent of the Act.

(3) Every such Act shall prescribe the conditions of service of the Auditor-in-Chief and the duties 30 which shall be performed and the powers which shall be exercised by the Auditor-in-Chief in relation to the accounts of the State and shall declare the salary, allowances and pension payable to or in respect of the Auditor-in-Chief to be charged on 35. the revenues of the State.

*Tho Committee is of opinion that the person performing the functions of an Auditor-General in a State should bo designated as Auditor-in-Chief to distinguish him from the Auditor-General of India.

(4) The Auditor-in-Chief of the State shall be eligible for appointment as Auditor-General of India or as Auditor-in-Chief for any other State for the time being, specified in Part I of the First Schedule but not for any other appointment either untler the 5 Government of India or under the Government of any State after he has ceased to hold his office.

(5) The salaries, allowances and pensions pay- able to or in respect of' members of the staff of the Auditor-in-Chief of a State shall be fixed by the 10 Auditor-in-Chief in consultation with the Governor and shall be charged upon the revenues of the State. (6) Nothing in this article shall derogate from the power of the Auditor-General of India to give such directions in respect of the accounts of the States 15 for the time being specified in Part I of the First Schedule as are mentioned in article 126 of this Constitution.

Audit report

25 211. The reports of the Auditor-General of India or the Auditor-in-Chief of the State, as the case may 20 be, relating to the accounts of a State for the time being specified in Part I of the First Schedule shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of tne State.

P A RT VII •"The States in Part II of the First Schedule

Administra- tion of States in Part II of the First Schedule.

212. (1) Subject to the other provisions of this Part, a State for the time being specified in Part II 5 of the First Schedule shall be administered by the President acting, to such extent as he thinks flt, through a Chief Commissioner or a Lieutenant- Oovernor to be appointed by him or through the O-overnor or Ruler of a neighbouring State: 10

Provided that the President shall not act through the Governor or Ruler of a neighbouring State save after—

(a) consulting the Governor or Ruler concern-

ed; and

15

(b) ascertaining in such manner as the Presi- dent considers most appropriate the wishes of the people of the State to oe so

**(2) Any State for the time being specified in 20 Part III of the First Schedule whose Ruler has ceded full and exclusive authority, jurisdiction and powers for and in relation to the governance of the State to the Government of India shall be administered in all respects as if the State were for the time being 25 specified in Part II of the First Schedule; and, accordingly, all the provisions of this Constitution relating to States specified in the said Part II shall apply to such State.

*The Committee ia of opinion that it is not neoessary to make any detailod provisions with regard to the Constitution of the States specified in Part II of the First Sohedule whjoh are at pre- sent Chief Commissioners' Provinces on the lines suggested by the ad hoc Committee on Chief Commissioners' Provinces in their recommendations. The revised provisions proposed In this Part would enablo the recommendations of the ad hoc Committee, if adopted by the Constituent Assembly, to be given effect to by the President by order,

•*This olause has been inserted by the Committee to provide for the administration of States in Part HI of the Fhvtt Sohedule (e. g. the Orissa States) which have oeded full and exolusire authority, jurisdiction and powers to the Government of India.

213. The President may, by order, create or con-

tinue for any State Jfor the time being specified inr. Part II of the First Schedule and administered through a Chief Commissioner or Lieutenant- 3-overnor— &* Creation or aontinuanoe of looal Legis- lature or Counoil of Advisers.

(a) a local Legislature, or (b) a Council of Advisers

jr both, with such constitution, powers and func- tions, in each case, as may be specified in the order.

214. Until other provision is made in this behalf u Coorg.

by the President, the constitution, powers and functions of the Coorg Legislative Council and the arrangements with respect to revenues collected in Coorg and expenses in respect of Coorg shall re- 1& main unchanged.

Part VIII The Territories in Part IV of the First Schedule and other Territories Not Specified in that Schedule

216. (1) Any territory specified in Part IV of the 5

First Schedule and any other territory comprised within the territory of India but not specified in that Schedule shall be administered by the President acting, to such extent as he thinks fit, through a Chief Commissioner or other authority to be 10 appointed by him.

Administra- tion of terri tories speci- fied in Part IV of the First Sche- dule and other terri- tories not spocifiod in that Sche- dule.

(2) The President may make regulations for the peace and .good government of any such territory and any regulation so made may repeal or amend any law made by Parliament or any existing law which 15 is for the time being applicable to such territory and, when promulgated by the President, shall have the same force and effect as an Act of Par- liament which applies to such territory.

PART IX

Relations between the Union and the

States

CHAPTER I-Le^islative Relations

DISTRIBUTION OF LEGISLATIVE POWERS

216. (1) Subject to the provisions of this Consti- tution, Parliament may make laws for the whole or any part of the territory of India, and the Legisla- ture of a State may make laws for the whole or any part of the State.

10 Extent of laws made by Parlia- ment and by the Legisla- tures of States.

(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra- territorial operation.

Subject- matter of laws made h Parliament and by the Legislatures of States.

*217. (1) Notwithstanding anything in the two next succeeding clauses, Parliament has exclusive 15 power to make laws with respect to any of the matters enumerated in List I In the Seventh Sche- dule (in this Constitution referred to as the "Union List").

(2) Notwithstanding anything in the next sue- 20

ceeding clause, Parliament and, subject to the preceding clause, the Legislature of any State for the time being specified in Part I of the First Schedule also, have power to make laws with respect to any of the matters enumerated In List III in the 25

•Shri Alladl KrishnasWaini Ayyar wa i of opinion that instead of following the old plan of legislative distribution thi) olause might, in view of tho fact that tho residuary power h to be In Parliament, bogin with the legislative powers of the State, thon deal with the oonourront powers and then with the legislative powers of Parliament. A^ the question was merely one of form, the majority of the members preferred not to diiturb the existing arrangement.

Seventh Schedule (in this Constitution referred to as the "Concurrent List").

(3) Subject to the two preceding clauses, the Legislature of any State for the time being specified in Fart I of the First Schedule has exclusive power 5 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 10

respect to any matter for any part of the territory of India not included for the time being in Fart I or Part I II of the First Schedule notwithstanding that such matter is a matter enumerated in the State List.

15

*218. Parliament has the exclusive power to make laws with respect to the constitution, organi- sation, jurisdiction and powers of the Supreme Court.

Legislation with resj-eot to the Supremo Court.

219. Notwithstanding anything in this Chapter, 20 .cWer of Parliament to provide for the establish- ment of cer- tain addi- tional oourts.

Parliament may by law provide for the establish- ment of any additional courts for the better adminis- tration of laws made by Parliament or of any exist- ing law with respect to a matter enumerated in the Union List.

25

*220. (1) The Legislature of a State for the time being specified in Part I of the First Schedule has the exclusive power to make laws with respect to the constitution and organisation of any High Court having its principal seat within such State. 30 Legislation with respect to consti- tution and organisation • of High Courts.

(2) Parliament has power to make laws with respect to the constitution and organisation of any High Court having its principal seat in a State for the time being specified in Part II of the First Schedule.

35

*Some members of the Committee ooneicor that artideb 218, 220, 221 and 222 are not necereary in vjow of article 217.

*221. (1) Parliament has the exclusive power to make laws regarding the jurisdiction and powers of any High Court with respect to any of the matters enumerated in the Union List.

Legislation with rospeot to jurisdio- tion^and • powers of High Courts

(2) The Legislature of a State for the time being 5

specified in Part I of the First Schedule in relation to which or in relation to any area within which a High Court exercises jurisdiction has the exclusive power to make laws regarding the jurisdiction and powers of such High Court in relation to such State lo or area with respect to any of the matters enumerat- ed in the State List.

(3) Parliament and also the Legislature of a State for the time being specified in Fart I of the First Schedule in relation to which or in relation 15 to any area within which a High Court exercises jurisdiction have power to make laws regarding the jurisdiction and powers of such High Court in rela- tion to such State or area with respect to any of the matters enumerated in the Concurrent List. 20

(4) Parliament has power to make laws regard- Ing the jurisdiction and powers of a High Court in relation to a State for the time being specified in Part II of the First Schedule or any area within 3uch State with respect to any of the matters 25 enumerated in the State List.

*222. Parliament and also the Legislature of a State for the time being specified in Fart I of the First Schedule in which a High Court has its prin- cipal seat have power to make laws with respect to 30 the procedure to be followed by such High Court in civil and criminal matters.

Legislation with respect to the pro- cedure to be followed by High Courts in civil and criminal matters.

Residuary powers of legislation.

223. (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. 35

(2) Such power shall include the power of making any law imposing a tax not mentioned In either of those Lists.

*Somo members of the Committee consider that artioles 218, 220, 221 and 222 are not neoeFisary in view of article 217.

*224. Notwithstanding anything in clause (1) ol

article 217 of this Constitution—

Restriction on powers of Parliament to make laws with Respect to oertain matters in relation to States in Part m of the First Sohedule.

(a) Parliament shall not have power to make laws with respect to any right relating to posts and telegraphs in any State or 5 group of States for the time being specified in Part III of the First Sche- dule subsisting at the date of commence- ment of this Constitution until such right is extinguished by agreement between the 10 Government of India and that State or group of States or is acquired by the Government of India:

Provided that nothing in this clause shall

prevent Parliament from making any 15 law for the regulation and control of posts and telegraphs in such State or group of States;

(b) the power of Parliament to make laws with

respect to telephones, wireless, broad- 20 casting and other like forms of commu- nication in any State for the time being specified in Part III of the First Sche- dule shall extend only to the making of laws for their regulation and control; 25

(c) the power of Parliament to make laws with respect to corporations shall not include the power to make laws with respect to the incorporation, regulation and wind- ing up of corporations owned or con- 30 trolled by a State for the time being specified in Part III of the First Schedule and carrying on business only within that State.

225. Notwithstanding anything in this Chapter, 35 Extent of power to legislate for States in Part III of the First Sohe- dule.

the power of Parliament to make laws for a State or a group of States for the time being specified in Part III of the First Schedule shall be subject to the terms of any agreement entered into in that behalf by that State or group of States with the 40 Government of India and the limitations contained therein.

* The Committee is of opinion that Home articles of this Chapter will require rearrangement before the Constitution i& finally passed by the Constituent Assembly.

Power of Parliament to legislate with respect to a matter in the State List in the national in- terest.

*226. Notwithstanding anything in the fore- going provisions of this Chapter, if the Council oi States has declared by resolution supported by not less than two-thirds of the members present arid voting that it is necessary or expedient in the national 5 interest that Parliament should make laws with respect to 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. 10

227. (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 any of the matters enumerated 15 in the State List.

Power of Parliament to legislate with respeot to any matter in the State List if a Pro- clamation of Emergency is in operation.

(2) A law made by Parliament which Parlia- ment would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect 20 on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

**228. Nothing in articles 226 and 227 of this 25

Constitution shall restrict the power of the Legis- lature of a State to make any law which under this Constitution It has power to make, but if any provi- sion of a law made by the Legislature of a State is repugnant to any provision of a law made by Parlia- 30 ment which Parliament has under either of the said articles power to make, the law made by Parliament, Inconsistency between laws made by Parliament under articles 226 and 227 and laws made by the Legislatures of States.

* The Committee is of opinion that power should be provided for Parliament to legislate with respeot to any matter in the State List whon it assumes national importance, and has inserted this articlo for the purpose.

** The Committee by a majority has decided that whon Parlia- ment makes a law with respeot to any matter in the State List in the national interest it should be treated as akin to a matter in the Concurrent List, but Shri Alladi Krishnaswamj Ayyar is against the retention of power of legifllation to the Statos in suoh <~aees as in his opinion the retention of anon power would offer a premium for the Union gradually enoroaching on the State field and stri- king at the federal structure of the constitution.

whether passed befo^ or after the law made by the Legislature ol the State shall prevail, and the law made by the Legislature ol tyie State shall to the extent ol the repugnancy, but so long only as the law •made by Parliament continues to have effect, be 5 inoperative.

Power of Parliament to legislate for one or more States by consent imd adoptior of such logis lation by anj other State.

229. (1) II it appears to the Legislature or Legis- latures of one or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the State or States except 10 as provided in articles 226 and 227 ol this Constitu- tion should be regulated in such State or States by Parliament by law, and a resolution or resolutions to that effect is or are passed by the House or, where there are two Houses, by both the Houses of the 15 Legislature of the State or of each of the 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 State or States and to any other State by which It is adopted afterwards by 20 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,

*(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed 25 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.

**230. Notwithstanding anything in the fore-

Legislation m giving

freot to in ernational igr

going provisions of this Chapter, Parliament haSgg power to make any law for any State or part thereof for implementing any treaty, agreement or conven- tion with anv other countrv or countries.

* The Committoo is of opinion that an Act passed by Parlia- ment with the consent of the States should not he allowed to bo amended or repealed by any Aot of the Legislature of any State to which it applies, but should bo amended or ropcaltd only by an Act of Parliament passed or adopted in the samo manner in which th,e principal Act was passed or adopted. This is in con- formity with th,o provisions of section 51 {xxxvii) read with section 109 of the Commonwealth of Australia Constitution Aot, ** The Committee is of opinion that Parliament should have unfettered powor to make any law for any State or part thereof for implementing any treaty, agreement or convention with any foreign country or countries.

IuoonsietonoT between lawe made by Parliament and lawa made by th Legislatures •of States.

231. (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 any existing law regarding a matter with respect to 5 which Parliament has power to make laws, then, subject to the provisions of clause (2) of this article, 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 10 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 for the time being specified in Part I of the First Schedule with respect to one of the matters 15 enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or any existing law with respect to that matter, then the law so made by the Legislature of such State shall, if it has been reserved 20 for the consideration of the President and has received his assent, prevail:

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, 25 amending, varying or repealing the law so made by the Legislature of the State.

Restriction on Legislative Powers

, 232. No Act of Parliament or of a Legislature of a State for the time being specified in Part I of 30 the First Schedule and no provision in any such Act shall be invalid by reason only that some recom- mendation required by this Constitution was not given, if assent to that Act was given—

Require- ments as to recommenda- tions to bo ' regarded as matters of prooedure only.

(a) where the recommendation required was that .35

of the Governor, either by the Governor or by the President;

(b) where the recommendation required was

that of the President, by the President.

CHAPTER II-Administrative

Relations

General

233. The executive power of every State shall be Obligation of States and the Union.

so exercised as to ensure compliance with the laws 5 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 this purpose. 10

Duty of States not to impede or prejudice authority of the Union.

234. (1) The executive power of every State shall be so exercised as not to impede or prejudice the exer- cise 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 15 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 commu- 20 nication 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 high- 25 ways 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 30 force works.

Power of the Union to oonfer powers, etc on States in certain .cases.

236. (1) Notwithstanding anything in this Cons- titution, the President may with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its 35 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 40 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 5 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 10 of administration incurred by the State in connection with the exercise of those powers and duties.

Power of the Union to un- dertake legis- lative, exe- outivo or judicial funstions in certain States.

236. (1) The Government of India may by agree- ment with any State for the time being specified in Part III of the First Schedule, but subject to the 15 provisions of this Constitution in regard to the rela- tionship between the Union and such State, undertake any executive, legislative or judicial functions vested in that State.

(2) The Government of India may also enter into 20 such an agreement with the Government of any Indian State not specified for the time being in the First Schedule, but every such agreement shall be subject to, and governed by, the law relating to the exercise of foreign jurisdiction for the time being in 25 force.

Explanation.—In this clause, the expression "Indian State" means any territory, not being part of the territory of India which the President recog- nises as being such a State. 30 (3) If an agreement entered into with any State under clause (1) of this article provides for any matter with respect to which provision has been already made in an agreement entered into with such a State under article 237 of this Constitution by the 35 Government of any State for the time being specified in Part I of the First Schedule, then the latter agree- ment shall, in so far as it provides for such matter, be deemed to be revoked and of no effect on and from the date of conclusion of the former agreement. 40 (4) On an agreement under clause (1) of this article being concluded between the Union and a Stale for the time being specified in Part III of the First Schedule—

(a) me executive power of the Union snail extend to any matter specified in that behalf in such agreement;

(b) Parliament shall have power to make laws

with respect to any matter specified in 5 that behalf in such agreement; and

(c) the Supreme Court of India shall, subject to the provisions of clause (2) of article 114 of this Constitution, have jurisdic- tion with respect to any matter specified 10 in that behalf in such agreement.

237. (1) It shall be competent for the Government of a State for the time being specified In Part I of the First Schedule with the previous sanction of the President to undertake, by an agreement made in 15 that behalf with any State for the time being speci- fied in Part III of the First Schedule, any legisla- tive, executive or Judicial functions vested in the latter State, if such agreement relates to a matter which is enumerated in the State List or the Con- 20 current List.

Power of States in Part I of the First Sche- dule to un- dertake legis- lative, ex- ecutive or judioial functions in a State in Pari m of the Wist Schedule.

(2) On an agreement under clause (1) of this article being concluded between a State for the time being specified in Part I of the First Schedule and a State for the time being specified in Part III of 26 that Schedule—

(a) the executive power of the State specified in Part I of the said Schedule shall extend to any matter specified in that behalf in such agreement; 30

(b) the Legislature of the State specified in Part I of the said Schedule shall have power to make laws with respect to any matter specified in that behalf in such agree- ment; and

35

(c) the High Court and other appropriate courts in the State specified in Part I of the said Schedule shall have jurisdiction with respect to any matter specified in that behalf in such agreement. 40

Public acts,

records and

judicial pro-

oeedings.

*238. (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 5 which the acts, records and proceedings referred to in clause (1) of this article shall be proved and the effect thereof determined, shall be as provided by law.

(3) Final judgments or orders delivered or passed 10 by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law:

Provided that the provisions of clauses (I) and (3) of this article shall not apply to public acts, 15 records and judicial proceedings of, and the final judgment or order delivered or passed by civil courts in, any State for the time being specified in Fart, III of the First Schedule unless Parliament has, under the terms of any agreement entered Into in that behalf 20 by such State with the Union, power to maka laws with respect to the matters enumerated in entries 2, 4 and 5 of the Concurrent List.

Interference with Water-Supplies

239. If it appears to the Government of any 25 Complaints as to inter- ference with water supp- lies.

State for the time being, specified in Part I or Part III of the First Schedule that the interests of that State, or of any of the inhabitants thereof, in the water from any natural source of supply in any State have been, or are likely to be affected prejudicially 30 b y-

(a) any executive action or legislation taken or passed, or proposed to be taken or passed; or

* The Committee is of opinion that this article should more appropriately be included in this Chapter than in Part III dealing with Fundamental Rights.

The Committee is further of opinion that effect ought not to be given to the provisions of this artiole in relation to evory State fqr the time being speoified in Part lit of the First Schedule as the laws relating to subjeots, such as Civil Procedure, Criminal Pro- oedure and Evidence, enumerated in the Concurrent List may be different Jn different States. The Committee has therefore revised this clauso HO as to restrict its application only to suoh of those States as have acceded to the Union in respeot of such subjects in the Concurrent List.

(b) the failure oi any authority to exercise any

of their powers,

with respect to the use, distribution or control of water from that source, the Government of the State may complain to the President. 5

Oecision of •oomplaints.

240. (1) If the President receives such a com- plaint as aforesaid, he shall, unless he is of opinion that the issues involved are not of sufficient import- ance to warrant such action, appoint a Commission consisting of such persons having special knowledge 10 and experience in irrigation, engineering, administration, finance or law as he thinks fit, and request that Commission to investigate in accordance with such instructions as he may give to them, and to report to him on the matters to which the com-15 plaint relates, or such of those matters as he may refer to them.

(2) A Commission so appointed shall investigate the matters referred to them and present to the Presi- dent a report setting out the facts as found by them 20 and making such recommendations as they think proper.

(3) If it appears to the President upon considera- tion of the Commission's report that anything therein contained requires explanation, or that he needs²⁵ guidance upon any point not originally referred by him to the Commission, he may again refer the matter to the Commission for further investigation and a further report.

(4) For the purposes of assisting a Commission 30 appointed under this article in investigating any matters referred to then, the Supreme Court, il requested by the Commission so to do, shall make such orders for the purposes of the proceedings of the Com- mission as they may make in the exercise of the 35 jurisdiction of the court.

(6) Aiter considering any report made to him by the Commission the President shall, subject as herein- after provided, make orders in accordance with the report.

(7) If upon consideration of the Commission's & report the President is of opinion that anything therein contained involves a substantial question of law, he shall refer the question to the Supreme Court under article 119 of this Constitution and on receipt of the opinion of the Supreme Court thereon shall, 10 unless the Supreme Court has agreed with the Com- mission's report, return the report to the Commission together with the opinion and the Commission shall thereupon make such modifications in the report as may be necessary to bring it in accord with such 15 opinion and present the report as so modified to the President.

(8) Effect shall be given, in any State affected, to any order made under this article by the President, and any Act of the Legislature of a State which is 20 repugnant to the order shall, to the extent of the repugnancy, be void.

(0) The President, on application made to him by the Government of any State affected, may at any time, if a Commission appointed as aforesaid so 25 recommend, vary any order made under this article.

241. If it appears to the President that the Interference •with water supplies of States in Part II of the Pirat Sche- dule.

interests of any State for the time being specified in Part II of the First Schedule, or of any of the inhabitants of such a State, in the water from any 30 natural source of supply in any State for the time being specified in Part I or Part III of the First Schedule have been or are likely to be affected pre- judicially by—

(a) any executive action or legislation taken or 35 passed, or proposed to be taken or passed; or

(b) the failure of any authority to exercise any

of their powers,

with respect to the use, distribution or control of 40 water from that source, he may, if he thinks fit, refer the matter to a Commission appointed in accordance with the provisions of the last preceding article and

thereupon those provisions shall apply as if the State for the time being specified in Fart II of the First Schedule were a State for the time being specified in Part I of that Schedule and as if a complaint with respect to the matter had been made by the Govern- 5 ment of that State to the President.

Jurisdiction of courts ex. eluded.

242. Notwithstanding anything in this Constitu- tion, neither the Supreme Court nor any other court shall have jurisdiction to entertain any action or suit in respect of any matter, if action in respect of that 1(X matter might have been taken under any of the three last preceding articles by the Government of a State or the President.

Inter-State Trade and Com mere e

*243. No preference shall be given to one State 1&

over another nor shall any discrimination be made between one State and another by any law or regula- tion relating to trade or commerce, whether carried by land, water or air.

Prohibition of preference or discrimi- nation to one State over another by any law or regula- tion relating "to trade or commerce.

*244. Notwithstanding anything contained in 20

article 16 or in the last preceding article of this Constitution, it shall be lawful for any State—

Restriction on trade, commerce anc intercourse between Statos.

(a) to impose on goods imported from other States any tax to which similar goods manufactured or produced in that State 25 are subject, so, however, as not to dis- criminate between goods so imported and goods so manufactured or produced; and

(b) to impose by law such reasonable restrictions

on the freedom of trade, commerce or 30 intercourse with that State as may be required in the public interests:

Provided that during a period of five years lrom the commencement of this Constitution the provisions

* The Committee is of opinion that the provisions contained in articles 243 and 244 should more appropriately be included in this Chapter than in Part m dealing with Fundamental Rights.

of clause (b) of this article shall not apply to trade or commerce in any of the commodities mentioned in clause (a) of article 306 of this Constitution.

Appointment ,of authority to carry out the provisions of artiolos 243

jand 244.

*245. Parliament shall by law appoint such authority as it considers appropriate for the carrying 5 out of the provisions of articles 243 and 244 of this Constitution and confer on the authority so appointed such powers and such duties as it thinks necessary.

C o - o r d i n a t i on b e t w e en S t a t es

246. If at any time it appears to the President \Q

that the public interests would be served by the establishment of a Council charged with the duty of—

'Provisions with respeot to an Inter- ;Stato Oounoi)

(a) inquiring into and advising upon disputes

which may have arisen between States;

(b) investigating and discussing subjects in 15

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 sub-

ject and, in particular, recommendations 20 for the better co-ordination of policy and action with respect to that subject,

dt 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.

25

•The Committee is of opinion that it would be more appro- priate to provide for the appointment of an authority by law for the' purpose of carrying out the provisions of articles 243 and 244 instead of providing for an Inter-State Commission with limited powers as suoh a Commission, if appointed with powers only to adjudicate disputes as to trade or oommeroo, may not have suffi- cient work to do.

PART X

Finance, Property, Contracts and Suits

CHAPTER I-Finance

•"DISTRIBUTION OF REVENUES BETWEEN

THE UNION AND THE STATES 5-

Interpretation 247. In this Part, unless the context otherwise requires,—

(a) "Finance Commission" means a Finance Commission constituted under article 200 of this Constitution; 10

(b) "State" does not include a State for the time being specified in Fart II of the First Schedule;

(c) references to States for the time being speci-

fied in Part II of the First Schedule shall 15- include references to any territory specified in Part IV of the First Schedule and any other territory comprised within the territory of India but not specified In that Schedule. 20

Meaning of " revenues of India "and '' revonuea of the State."

248. Subject to the following 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, the expression 'revenues of India' includes all revenues and public moneys raised or 25 received by the Q-overnment of India and the expres- sion 'revenues of the State' includes all revenues and public moneys raised or received by the Govern- ment of a State.

*The Committeo haa not embodied in the Draft the re- commendations of the Export Committee on the Finanoiol Pro- visions of the Constitution with regard to the distribution of re-* enues betwocn the Union and the Statos, as the Committee is of opinion that in view of tho unstable conditions prevailing at the present moment the existing distribution of such revenues under the Government of India Act, 1935, should continue for at leant rive years, after which, a Finance Commission may review the position. The Committee agrees with the Expert Committee that steps should be taken for tho oollootion, compilation and maintenanoo of statiHtical information referred to in paragraph fit? of the report of the Expert Committee in order that suoh informa- tion might be available to the Finance Commission when appointed.

249. (1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected- Duties levied ^by the Union but collected and appro- priated by the States.

la) in the case where such duties are leviable 5

within any State for the time being specified in Part II of the First Schedule, by the Government of India, and

(b) in other cases, by the States within which

such duties are respectively leviable. 10

(2) The proceeds in any financial year of any such duty leviable in that year within any State shall not form part of the revenues of India, but shall be assigned to that State.

260. (1) The following duties and taxes shall be 15

levied and collected by the Government of India but shall be assigned to the States in the manner provid- )d in clause (2) of this article, namely:—

Taxes levied and collec- ted by the Union but assigned to the States.

(a) duties in respect of succession to property

other than agricultural land; 20

(b) estate duty in respect of property other than

agricultural land;

(c) terminal taxes on goods or passengers

carried by railway or air;

(d) taxes on railway fares and freights. 25

(2) The net proceeds in any financial year of any such duty or tax, except in so far as those proceeds represent proceeds attributable to States for the time being specified in Fart II of the First Schedule, shall not form part of the revenues of 30 India, but shall be assigned to the States within which that duty or tax is leviable in that year, and shall be distributed among those States in accord- ance with such principles of distribution as may be formulated by Parliament by law. 35

251. (1) Taxes on income other than agricultural income shall be levied and collected by the Govern- ment of India and distributed between the Union and the States in the manner provided in clause (2) of this article.

40 Taxes levied and collec- ted by the Union and distributed betweon the Union and the States.

(2) Such percentage, as may be prescribed, of the net proceeds in any financial year of jtny such

;ax, except in so far as those proceeds represent proceeds attributable to States for the time being specified in Fart II of the First Schedule or the taxes payable in respect of Union emoluments, shall not form part of the revenues of India, but 5 shall be assigned to the States within which that tax Is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed.

(3) For the purposes of clause (2) of this articlet 10 in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to id States for the time being specified in Part II of the First Schedule.

(4) In this article—

(a) "taxes on income" includes any sum levied

by the Government of India in lieu of 20 any tax on income as referred to in clause (a) of the proviso to article 266 of this Constitution but does not include a cor- poration tax;

(b) "prescribed" means— 25 (i) until a Finance Commission has been constituted, prescribed by the Presi- dent by order, and

(ii) after a Finance Commission has been

constituted, prescribed by the Presi- 30 dent by order after considering the recommendations of the Finance Com- mission.

(c) "Union emoluments" includes all emolu-

ments and pensions payable out of the 35 revenues of India in respect of which in- come-tax is chargeable.

Suroharge on oertain duties and taxes for purposes of the Union.

252. Notwithstanding anything contained in articles 250 and 251 of this Constitution, Parliament may at any time increase any of the duties or taxes 40 referred to in those articles by a surcharge for pur- poses of the Union and the whole proceeds of any such surcharge shall form part of the revenues of India.

*253. (1) No duties on salt shall be levied by the

Union.

Taxes whioh are levied and oolleo- ted by the Union and may be dis- tributed bet- ween the Union and the States.

(2) Union duties of excise other than such duties of excise on medicinal and toilet preparations a*s are mentioned in the Union List shall be levied and col- 5 lected by the Government of India, but, if Parlia- ment by law so provides, there shall Be paid out of the revenues of India to the States to which the law imposing the duty extends, sums equivalent to the whole or any part of the net proceeds of that duty, oi and those sums shall be distributed among those States in accordance with such principles of distri- bution as may.be formulated by such law.

Distribution of duty on jute or jute produots.

254. Notwithstanding anything in article 253 of this Constitution, such proportion, as Parliament 15 may by law determine, of the net proceeds^in each year of any export duty on jute or jute-products shall not form part of the revenues of India, but shall be assigned to the States in which Jute is grown in accordance with such principles of distribution as 20 may be formulated by such law:

Provided that until Parliament so determine, there shall be assigned to those States out of the net proceeds of the duty in each year such part thereof and in such proportions as may have been fixed in 25 that behalf by any order made under the Government of India Act, 1935, and in force immediately before the commencement of this Constitution.

Grants from the Union to certain States.

255. Such sums, as Parliament may by law pro- vide, shall be charged on the revenues of India in 30 each year as grants-in-aid of the revenues ol 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 35

revenues of India as grants-in-aid of the revenues of a State for the time being specified in Part I of the

* The majority of the members of the Committee are of opinion that there should be no constitutional prohibition regarding the duty on salt and its levy should be left to tho discretion of Parlia- ment and accordingly clause (1) of this article Is not neoessary; but Shri Alladi Krishnawwami Ayyar is of opinion that this olause should be retained.

First Schedule 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 lor the purpose of promoting 5 the welfare of the scheduled tribes in that State or raising the level of administration of the scheduled areas in that State to that of the administration of the rest of the areas of that State:

Provided further that there shall be paid out of 10 the revenues of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to—

(a) the average excess of expenditure over the

revenues during the three years inume- 15 diately preceding the commencement of this Constitution in respect of the ad- ministration of the tribal areas specified in Part I of the table appended to para- graph 19 of the sixth Schedule; and 20

(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 25 of the administration of the rest of the areas of that State.

Taxes on professions, trades, call- ings and "m ploymonte

256. (1) Notwithstanding anything in article 217 of this Constitution but subject to the provisions of clauses (2) and (3) of this article, the Legislature of 3° a State shall have power to make laws with respect to taxes on professions, trades, callings and employ- ments for the benefit of the State or of a munici- pality, district board, local board or other local authority therein.

35

(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 two 40 hundred and fifty rupees per annum:

Provided that, if in the financial year immediate- ly preceding the commencement of this Constitution there was in force in any State or any such munici-

pality, board or authority, a tax on professions, trades, callings or employments, the rate, or the maximum rate, of which exceeded two hundred and fifty rupees per annum, si\ch tax may continue to be levied until provision to the contrary is made toy 5 Parliament by law, and any law so made by Parlia- ment may be made either generally or in relation to any specified States, municipalities, boards or authorities.

(3) The power of the Legislature of a State to 10 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, 15 trades, callings and employments.

Savings. 257. 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 20 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 25 until provision to the contrary Is made by Parlia- ment.

Agreement with States speoifled in Part III of the First Schedule with regard to the levy, collection and distri- bution of taxes and duties.

258. (1) Notwithstanding anything contained in this Chapter, the Union may, subject to the provi- sions of clause (2) of this article, enter into an 30 agreement with a State for the time being specified in Part III of the First Schedule with respect to the levy and collection of any tax or duty leviable by the Government of India in such State and for the dis- tribution of the proceeds thereof otherwise than in 35 accordance with the provisions of this Chapter and, when an agreement is so entered into, the provisions of this Chapter shall in relation to such State have effect subject to the terms of such agreement.

(2) An agreement entered into under clause (1) of 40 this article shall continue in force for a period not exceeding ten years from the commencement of this Constitution:

Provided that the President may at any time after the expiration ol five years from such com- mencement terminate or modify any such agreement if after consideration of the report of the Finance Commission he thinks it necessary to do so. 5

Calculation of "net pro- ceeds", etc.

259. (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 provi- sions the net proceeds of any tax or duty, or of any 10 part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Auditor- General of India, whose certificate shall be final.

(2) Subject as aforesaid, and to any other express provision in this Chapter, a law made by Parliament 15 or an order of the President may, in any case where under this Part of this Constitution the proceeds oi 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 20 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.

260. (1) The President shall, at the expiration ol 25 Finanoe Commission. five years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such other time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other 30 members to be appointed by the President.

(2) Parliament may, by law, determine the qualifications which shall be requisite lor appoint- ment as members of the Commission and the manner in which they shall be selected. 35 (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 40 under this Chapter and the allocation between the States ot the respective shares of such proceeds;

(b) the principles which should govern the grants-in-aid to the States out of the revenues of India;

(c) the continuance or modification of the terms

of any agreement entered into by the 5 Union with any State for the time being specified in Part- III of the First Schedule as respects the levy, collection and distri- bution of any tax or duty leviable by the Government of India in such State; and 10

(d) any other matter referred to the Commission by the President in the interest of sound finance.

(4) The Commission shall determine their proce- dure and shall have such powers in the performance 15 of their functions as Parliament may by law confer on them.

Rooommentl- ations of the Finance Commission.

261. The President shall cause every recommenda- tion made by the Finance Commission under the fore- going provisions, of this Chapter together with an 20 explanatory memorandum as to the action taken thereon to be laid before Parliament.

Expenditure defrayable out of the revenues of India.

Miscellaneous Financial Provisions 262. The Union or a State may make any grants for any public purpose, notwithstanding that the 25 purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.

Provisions as to tb,e oustody of publio moneys,

263. (1) Rules may be made by the President and by the Governor of a State for the purpose of securing 30 that all moneys received on account of the revenues of India or of the State, as the case may be, shall, with such exceptions, if any, as may be specified in the rules, be paid into the public accounts of India or of the State, and the rules so made may prescribe, 35 or authorise some person to prescribe, the procedure to be followed in respect of the payment of moneys into the said account, the withdrawal of moneys thereform, the custody of moneys therein and any other matter connected with or ancillary to the 40 matters aforesaid.

(2) Notwithstanding anything in this article, Parliament may by law regulate the custody of moneys received on account of the revenues ol India their payment into the public account

Exemptioi of certain public pro- perty fro ra taxation.

264. The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by or by any authority 15 within a State:

Provided that until Parliament, by law, otherwise provides, any property of the Union which was imme- diately before the commencement of this Constitution liable or treated as liable to any such tax shall, so SO long as that tax continues, continue to be liable or to be treated as liable thereto.

Exemption from taxes 1 on electricity

265. 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 25 or sale of electricity (whether produced by Govern- ment or other person) which is—

(a) consumed by the Q-overnment of India, or sold to the Government of India for consumption by that Government; or 30

(b) consumed in the construction, maintenance or operation of a Union railway by the Government or a railway company operat- ing that railway or sold to that Govern- ment or any such railway company for 35 consumption in the construction, mainten- ance or operation of a Union railway, and any such law imposing, or authorising the imuosition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Govern- 40 ment of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or

operation of a Union railway, shall be less by the amount ol the tax than the price charged to other consumers of a substantial quantity of electricity.

• 266. Subject as hereinafter provided, the Govern- ment of a State shall not be liable to Union taxation & in respect of lands or buildings situate within the territory of India, or income accruing, arising or received within such territory:

Exemption of the Governments of States in respoot of Union taxa- tion.

Provided that—

(a) where a trade or business of any bind is 10

carried on by or on behalf of the Govern- ment of a State, nothing in this article shall exempt that Government irom any Union tax or the levy of a sum in lieu of such tax in respect of that trade or 1& business or any operations connected therewith, or any income arising in con- nection therewith, or any property occupied for the purposes thereof;

(b) nothing in this article shall exempt the 20

Ruler of any State for the time being specified in Part III of the First Schedule from any Union tax in respect of lands, buildings or income being his personal property or personal income. 25

Explanation.—For the purposes of this article, any operations incidental to the ordinary functions ol the Government of a State, such as, the sale of the forest produce of any forest under the control of the Government of a State or of any article produced in 30 any jail within a State, shall not be deemed to he a trade or business carried on by or on behalf of the Government of the State.

Adj istinonta in respoet of certain expenses and] penaionR.

267. Where under the provisions of this Consti- tution the expenses of any court or Commission, or 35 pensions payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India, are charged on the revenues of India or the revenues of a State for the time being specified in Part I of the First Schedule, 40 then if—

(a) in the case of a charge on the revenues ol India, the court or Commission serves any of the separate needs of a State so speci- fied, or the person has served wholly or in part in connection with the affairs of such & a State; or

(b) in the case of a charge on the revenues of a State so specified, the court or Commission serves any of the separate needs of the Union or another State so specified, or the 10 person has served wholly or in part in connection with the affairs of the Union or another such State,

there shall be charged on and paid out of the revenues of the State or, as the case may be, the revenues of 15 India or of the other State, such contribution in respect of expenses or pensions 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.

20

CHAPTER H-Borrowing-

Borrowing by the Government of India.

268. The executive power of the Union extends to borrowing upon the security of the revenues of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving 25 of guarantees within such limits, if any, as may be so fixed.

Borrowing by States.

269. (1) Subject to the provisions of this article, the executive power of a State for the time being specified in Fart I of the First Schedule extends to 30 borrowing within the territory of India upon the security of the revenues 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 3& so fixed.

(2) The Government of India may, subject to such conditions, if any, as it may think fit to impose, make loans to States for the time being specified in Fart 1.

or Part III of the First Schedule or so long as any limits fixed under the last preceding article are not exceeded, give guarantees in respect of loans raised by any such State and any sums required for the purpose ol making such loans shall be charged'on the 5 revenues oi India.

(3) A State for the time being specified in Part I or Part III of the First Schedule 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 10 been made to the State by the Government of India or its predecessor Government or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.

A consent under this clause may be granted sub- 15 ject to such conditions, if any, as the Government of India may think fit to impose.

CHAPTER Ill-Property, Contracts,

Liabilities and Suits

270. As from the commencement of this Constitu- 20 'Succession to assets and • debts, rights • and liabilities,

tion, the Government of India and the Government of each State for the time being specified in Fart I of the First Schedule shall respectively be the successors of the Government oi the Dominion of India and of the corresponding Governors' Provinces as regards 25 all property, assets and liabilities subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitu- tion of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East 30 Punjab.

Property ab- orning by esoheat or clapae or as bona vaoantia

271. Subject as hereinafter provided, any pro- perty in the territory of India except the States for the time being specified in Part III of the First Schedule which, if this Constitution had not come 35 into operation, would have accrued to His Majesty * by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State for the time being specified in Part I of the First Schedule, vest in such State for the purposes of 40

the Government of that State, and shall, in any other case, vest in the Union for the purposes of the Government of India:

Provided that any property which at the date when it would have so accrued to His Majesty was in 5- the possession or under the control of the Government of India or the Government of a State for the time being specified in Part I of the First Schedule shall, according as the purposes for which it was then used or held were purposes of the Union or of a State so 10' specified, vest in the Union for the purposes of the Government of India or in the State for the purposes of the Government of that State.

Power to acquire property.

272. (1) The executive power of the Union and of each State for the time being specified in Part 115- of the First Schedule shall extend", subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property held for the purposes of the Union or of such State, as the case may be, and to the purchase or acquisition 20* of property for those purposes respectively, and to the making of contracts.

(2) All property acquired for the purposes of the Union or of a State for the time being specified in Part I of the First Schedule shall vest in the Union 25< or any such State, as the case may be.

Contacts. 273. (1) All contracts made in the exercise of the executive power of the Union or of a State for the time being specified in Part I of the First Schedule shall be expressed to be made by the President, or 30* by the Governor of the State, as the case may be, and all such contracts and all assurances of pro- perty made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct 35, or authorise.

(2) Neither the President, nor the Governor of a State, 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 49,, any enactment relating to the Government of India heretofore in force, nor shall any person making or executing such contract or assurance on behalf of any of them be personally liable in respect thereof.

13uit8 &n<\ iproooeclings.

274. (1) The Government of India may sue or be sued by the name of the Government of India and the Government of a State for the time being speci- fied in Fart I of the First Schedule may sue or be sued by the name of the State and may, subject to 5 any provisions which may be made by Act of Parlia- ment or by 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 ¹⁰ corresponding Provinces might have sued or been sued if this Constitution had not been enacted.

(2) If at the date of commencement of this Constitution—

(a) any legal proceedings are pending to which ¹⁵

the Dominion of India is a party, the Government of India shall be deemed to be substituted for the Dominion in those proceedings; and

(b) any legal proceedings are pending to which 20

a Province is a Party, the corresponding State shall be deemed to be substituted for the Province in those proceedings.

PART XI

Emergency Provisions

Proclamation

of Emer-

genoy.

275. (1) If the President i3 satisfied that a grave emergency exists whereby the security of India is threatened, whether by war or domestic violence, 5 he may by proclamation, make a declaration to that effect.

(2) A proclamation issued under clause (1) of this article (in this Constitution referred to as "a Proclamation of Emergency")— 10

(a) may be revoked by a subsequent proclama-

tion;

(b) shall be laid before each House of Parlia-

ment;

(c) shall cease to operate at the expiration of 15

six months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.

(3) A Proclamation of Emergency declaring that the security of India is threatened by war or by 20 domestic violence may be made before the actual occurrence of war or of any such violence if the President is satisfied that there is imminent danger thereof.

276. Where a Proclamation of Emergency is in 25 operation, then, notwithstanding anything contain- ed in this Constitution—

Effeot of Proclamation of Emer- gency. t

(a) the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the 30 executive power thereof is to be exer- cised;

(b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and 35 imposing duties or authorising the con- ferring of powers and the imposition of duties upon the Government of India or officers and authorities of the Government of India as respects that matter. 40

277. The President may, while a Proclamation of Emergency is in operation, by order, direct that all or any of the provisions of articles 249 to 259 of this Constitution 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.

Application, of provi&iont^ relating to distribution of revonues during the period a Proolamaiior of Emer- gency is in operation.

278. (1) If the President, on receipt of a procla- nation issued by the Governor of a State under article 10 L88 of this Constitution, is satisfied that a situation las arisen in which the government of the State ;annot be carried on in accordance with the provi- sions of this Constitution, he may by proclamation—

(a) assume to himself all or any of the functions 15 Wovisionf in oase of failure oi! constitutional maohinery in States in Part I of the First Schedule.

of the Government of the State and all or any of the powers vested in or exercis- able by the Governor or any body or authority in the State other than the Legislature, of the State; 20

(b) declare that the powers of the Legislature of the State shall be exercisable only by Parliament;

and any such proclamation may contain such inci- dental and consequential provisions as may appear 25 to him to be necessary or desirable for giving effect to the objects of the proclamation, including provi- sions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in that State: 30

Provided that nothing in this clause shall author- ise the President to assume to himself any of the powers vested in or exercisable by a High Court or to suspend, either in whole or in part, the operation of any provision of this Constitution relating to High 3B Courts.

(2) Any such proclamation may be revoked or

varied by a subsequent proclamation.

(3) A proclamation under this article—

(a) shall be laid before each House of Parlia- 4c

ment;

(b) except where it is a proclamation revoking a previous proclamation, shall cease to operate at the expiration of six months:

Provided that, if and so often as a resolution approving the continuance in force of such a procla- 5 mation is passed by both Houses of Parliament, the proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in \Q any case remain in force for more than three years.

(4) Where by a proclamation issued under clause (1) of this article it has been declared that the powers of the Legislature of the State shall be exercisable only by Parliament, it shall be competent— 15

(a) for Parliament to make laws conferring powers and imposing duties, or authoris- ing the conferring of powers and the imposition of duties, upon the Govern- ment of India or officers and authorities 20 of the Government of India;

(b) for the President to promulgate Ordinances under article 102 ol this Constitution except when both Houses of Parliament are in session.

d5 (5) Any law made by Parliament which Parlia- ment would not but for the issue of a proclamation under this article have been competent to make sEall to the extent of the incompetency cease to have effect on the expiration of a period of one year after the _Q proclamation has ceased to operate, except as res- pects things done or omitted to be done before the expiration of the said period unless the provisions which shall so cease to have effect are sooner repealed or re-enacted with or without modification by Act of the Legislature of the State.

•Suspension of provisions of article 13 during •mergenoiea,

279. While a Proclamation ol Emergency is in operation, nothing in article 13 of Fart III of this Constitution shall restrict the power of the State as defined in that Part to make any law or to take any ⁴U executive action which the State would otherwise be competent to make or to take.

Suspension of the right* guaranteed by article 26 of this Constitution during emergencies

•"280. Where a Proclamation ol Emergency Is In operation, the President may by order declare that the rights guaranteed by article 25 ol this Constitution shall remain suspended for such period not extending beyond a period of six months after 5 the proclamation has ceased to be in operation as may be specified in such order.

* The Committee ia of opinion that no provision ahould be made for suspension of the Fundamental Rights under article 18 or for suspension of the enforcement of suoh rights under artiole 25 where an emprgenoy is deolared by the Government of a State for the time being speoified in Part III of the First Sohedule as It will oreate unnecessary complications.

PART XII

Services under the Union and the States

CHAPTER I- *Services

Inter- pretation.

281. In this Part, unless the context otherwise requires, the expression "State" means a State lor 5 the time being specified in Part I of the First Sche- dule.

282. (1) Subject to the provisions of clause (2) of this article, Acts of the appropriate Legislature may regulate the recruitment and the conditions of io service of persons appointed to public services, and to posts in connection with the affairs, of the Union or any State.

Reoruitment and condi- tions of Bervioe of persons serving the Union or a State.

(2) No person who is a member of any civil ser- vice or holds any civil post in connection with the 15 affairs of the Government of India or the Govern- ment of a State shall be dismissed, removed or re- duced in rank until he has been given a reasonable opportunity of showing cause against the action pro- posed to be taken in regard to him:

Provided that this clause shall not apply—

(a) where a person is dismissed, removed, or reduced in rank on the ground of conduct which has led to his conviction on a cri- minal charge; or 25

(b) where an authority empowered to dismiss a person or remove him or reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that person an opportunity of showing 3Q causa.

Transitional provisions.

283. Until other provision is made in this behalf under this Constitution, any rules which were in force immediately before the commencement of this _ *

35

* The Committee is of opinion that detailed provisions with regard to recruitment and conditions of service of persons in Defenoe servioes or serving the Union or a State in a civil oapaoity should not be inoluded In the Constitution but should be left to be regulated by Aots of the appropriate Legislature.

Constitution and were applicable to any public ser- vice or any post which has continued to exist after the commencement of this Constitution as a gervice or post under the Union or a State shall continue in force so far as consistent with the provisions of this & Constitution.

CHAPTER II-Public Service

Commissions

284. (1) Subject to the provisions of this article there shall be a Public Service Commission for the \o Union and a Public Service Commission for each State.

Publio Servioo Oom- miflsiouR for the Union¹ and for the States.

(2) Two or more States may agree—

(a) that there shall be one Public Service Com-

mission for that group of States; or lfi

(b) that the Public Service Commission fur one of the States shall serve the needs of all the States;

and any such agreement may contain such incidental and consequential provisions as may appear neces- "JO aary or desirable for giving effect to the purposes ol the agreement and shall, in the case of an agreement that there shall be one Commission for a group of States, specify by what Governor or Governors the functions which are under this Part of this Conttitu- 26 tion to be discharged by the Governor of a Stats are to be discharged.

(3) The Puhiic Service Commission for the Union If requested so to do by the Governor of a Slate may, with the approval of the President, agree to serve 30 all or any of the needs of the State.

(4) 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 Oommis- 35 sion serving the needs of the Union, or, as the case may be, the State as respects the paricular matter in question.

JompoBition and staff of Commissions

286. (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case ol the Union Commission, by the President, and in the case of a State Commission, by the 'Governor of the State in his discretion: £>

Provided that at least 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 10 State and in computing the said period of ten years any period before the commencement of this Consti- tution during which a person has held office under the Crown shall be Included.

(2) In the case of the Union Commission, the 15 President and, in the case ol a State Commission, the Governor of the State in his discretion, may by regulations—

(a) determine the number of members of the Com- mission, their tenure of office and their 20 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.

(3) On ceasing to hold office— 25

(a) the Chairman of the Union 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 Commission shall 30 be eligible for appointment as the Chair- man or a member of the Union Commis- sion or as the Chairman of another State Commission, but not for any other employment either under the Government 35 of India or under the Government of a State;

(c) no other member of the Union or of any State Commission shall be eligible for any other appointment either under the Govern- 40 ment of India or the Government of a State without the approval, in the case of an appointment in connection with the

affairs of a State, ol the Governor of the State and, In the case of any other appointment, of the President.

Funotions of Public] Service Com missions.

286. (1) It shall be the duty of the Union"and the State Public Service Commissions to conduct examl- 5 nations 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 10 operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(3) The President as respects the All India Services and also as respects other services and posts 15 in connection with the affairs of the Union, and the Governor 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 20 particular circumstances, it shall not be necessary for a Public Service Commission to be consulted, but, subject to regulations so made and to the provisions of the next succeeding clause, the Union Commission or, as the case may be, the State Commission shall 25 be consulted—

(a) on all matters relating to methods of recruit- ment to civil services and for civil posts; (b) on the principles to be followed in making

appointments to civil services and posts 30 and in making promotions and transfers from one service to another and on the suitability of candidates for such appoint- ments, promotions or transfers;

(c) on all disciplinary matters affecting a person 35

serving under the Government of India or the Government of a State in a civil capa- city, including memorials or petitions relating to such matters;

(d) on any claim by or in respect of a person 40

who is serving or has served under the Government of India or the Government of a State or under the Crown, 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 reve- nues of India or, as the case may be, the 5, State;

(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 10 under the Crown 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 Commis- sion to advise on any matter so referred to them and 16 on any other matter which *he President or, as the case may be, the Governor may refer to them.

(4) Nothing in this article shall require a Public Service Commission to be consulted as respects the manner in which appointments and posts are to be 20 allocated as between the various communities in the Union or a State.

J/J war i t extend func- tions of Public Servioe OoniT missions.

287. Subject to the provisions of this article, an Act made by Parliament or by the Legislature of the State may provide for the exercise of additional 25 functions by the Union Public Service Commission, or, as the case may be, by the State Public Service Commission:

Provided that where the Act is made by the Legislature of a State, it shall be a term of such 30 Act that the functions conferred by it shall not be exercisable in relation to any person who is not a member of one of the services of the State except with the consent of the President. *

288. The expenses of the Union or a State Public 35 Expenses of Public Servioo Commissions.

A(} Service Commission, including any salaries, allow- ances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the revenues of India or, as the case may be, the State.

PART XIII

Elections

Superintend- ence, diroo- tion and oontrol of •elections b o be vested in an Eleotion Commission.

289. (1) The superintendence, direction and con- trol of all elections to Parliament and of elections to the offices of President and Vice-president held 5 under this Constitution, including the appointment of election tribunals for the decision of doubts and disputes arising out of. or in connection with the elections to Parliament, shall be vested in a Commis- sion to be appointed by the President. 10 (2) The superintendence, direction and control ol all elections to the Legislature of a State for the time being specified in Part I of the First Schedule and of elections to the office of Governor of the State "'elections to constitute a panel for the purpose ol 15 the appointment of a Governor of the State held under this Constitution including; the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to the Legislature of such State shall be vested in a 20 Commission to be appointed by the Governor of the St.ai.fl**

Elections to Parliament.

290. Subject to the provisions of this Constitu- tion, Parliament may,' from time to time, by law, make provision with respect to all matters relating 26 to or in connection with elections to either House ol Parliament including matters necessary for secur- ing the due constitution of the two Houses of Parlia- ment and the delimitation of constituencies.

2B1. subject to the provisions 01 this oonstitu- 80 Eleotiona to the Legia laturea of States.

tion, the Legislature of a State for the time being specified in Part I of the First Schedule may, from time to time, by law, make provision with respect to all matters relating to or in connection with elections to the House or Houses of the Legislature of the 35 State including matters necessary for securing the due constitution of such House or Houses and the delimitation of constituencies.

* The words "elections to constitute a panel for the purpose of the appointment of a Governor of the State " will have to be uaed in this clause in place of the words "eleotiona to the offioe of Governor of the State" if the seoond alternative is adopted in article 131.

•* The Committee ia of opinion that the Eleotion Commission to superintend, direct and control elections to the Legislature of a State in Part I of the First Sohedule should b& appointed by [the Governor of the State.

PART XIV

Special Provisions Relating to

Minorities

292. Seats shall be reserved in the House of the

5 People lor—

(a) the Muslim community and the Scheduled Reservation of seats for minorities in the House of the People.

Castes;

(b) the scheduled tribes in every State lor the time being specified in Part I of the first Schedule; and 10

(c) the Indian Christian community in the

States of Madras and Bombay,

according to the scale prescribed in sub-clause (b) ol clause (5) ol article 67 ol this Constitution.

293. Notwithstanding anything contained in 15

article 67 ol this Constitution, the President may, 11 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 ol the community to the House ol the People. 20 Speoial provisions regarding the repre- aentation of the Anglo- Indian community in the House of tli e Pftfmifl.

294. (1) Seats shall be reserved for—

Reservation of seats for minorities in the Legislative Assemblies of the States,

(a) the Muslim community, the Scheduled Castes and the scheduled tribes (except the scheduled tribes in the autonomous districts of Assam) in the Legislative 25 Assembly of every State for the time being specified in Part I of the First Schedule; and

(b) the Indian Christian community in the Legis-

lative Assemblies of the States ol Madras 30 and Bombav.

according to the scale prescribed in clause (3) ol article 149 of this Constitution.

(2) Seats shall be reserved also lor the autono- mous districts in the Legislative Assembly ol the 35 State ol Assam.

(3) The number of seats reserved for any commu- nity in the Legislative Assembly ol any State for the time being specified in Part I 6l the First Schedule shall bear, as nearly as may be, the same proportion 40

to the total number of seats in that Assembly as the population of the community In the State bears to the total population of the State.

Explanation.—All the Scheduled Castes in a State shall be deemed to be a single community for 5 the purposes of this clause and so also all the scheduled tribes In a State.

(4) The number of seats reserved for an autono- mous district in the Legislative Assembly of the State of Assam shall bear to the total number of 10 seats in that Assembly a proportion not less than the population of the district bears to the total popula- tion of the State.

(5) The constituencies for the seats reserved for any autonomous district of the State of Assam shall 15 not comprise any area Outside that district.

(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 consti- 20 tuency of that district * [except from the consti- tuency comprising the cantonment and municipality of Shillong].

295. Notwithstanding anything contained in 25

article 149 of this Constitution, the Governor of a State may, if he is of opinion that the Anglo-Indian community is not adequately represented in the Legislative Assembly of the State, nominate such number of members of the community to the Legis- 30 lative Assembly as he considers appropriate.

Special provisions regarding the representa- tion of the Anglo- Indian <5ommunity In the Legislative Assemblies of the States.

Claims of minority communities toservioes and posts.

296. Subject to ^he provisions of the next suc- ceeding article the claims of all minority communities shall be taken into consideration, consistently with the maintenance of efficiency of administration, In 35 the making of appointments to services and posts in connection with the affairs of the Union or of a

* The words within square braokets should be deleted if the words ' exoluding the town of Shillong' is retained In item 1 of Part I of the table appended to paragraph 10 of the Sixth Sohednle to the Constitution.

State Jor the time being specified in Part I ol the First Schedule.

Speoial provision for Ar>gln.Tr)ftiftTl community in onrtain aervioea.

297. (1) During tfie first two years after the com- mencement of this Constitution, appointments of members of the Anglo-Indian community to posts in 5 the railway, customs, postal and telegraph services of the Union shall be made on the same basis as im- mediately before the fifteenth day of August 1947.

During every succeeding period of two years, the number of posts reserved for the members of the said 10 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 frum the 15 commencement of this Constitution all such reserva- tions shall cease.

(2) Nothing in clause (1) shall bar the appoint- ment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for 20 the community under that clause if such members are found qualified for appointment on merit as com- pared with the members of other communities.

Speoial provision with respeot to eduoation- al grants for the benefit of Anglo-Indian community.

298. During the first three financial years after the commencement of this Constitution, the same 25 grants, if any, shall be made by the Union and by each State for the time being specified in Fart I of the First Schedule for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the 31st day of March 30 1948.

During every succeeding period of three years the grants may be less by ten per cent than those for the immediately preceding period of three years:

Provided that at the end of ten years from the 36 commencement of this 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 4Q

article unless at least forty per cent of the annual ad- missions therein are made available to members of communities other than the Anglo-Indian com- munity.

299. (1) There shall be a Special Officer for mi- 5 Speoial Offloera for minorities for the Union and the States.

norities for the Union who shall be appointed by the President, and a Special Officer for minorities for each State for the time being specified in Fart I of the First Schedule who shall be appointed by the Governor of the State.

10

(2) It shall be the duty of the Special Officer for the Union to Investigate all matters relating to the safeguards provided for minorities under this Constitution in connection with the affairs of the Union and to report to the President upon the work- 15- ing of the safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before Parliament.

(3) It shall be the duty of the Special Officer for a State so specified to investigate all matters relating 20 to the safeguards provided for minorities under this Constitution in connection with the affairs of the State and to report to the Governor of the State upon the working of the safeguards at such intervals as the Governor may direct and the Governor shall 25 cause all such reports to be laid before the Legisla- t.iir A nf t.hn Stat.fl.

300. (1) The President may at any time and shall, on the expiration of ten years from the commence- ment of this Constitution, by order, appoint a Com- 30 mission to report on the administration of the scheduled areas and the welfare of the scKeduled tribes in the States for the time being spe- cified in Part I of the First Schedule.

The order may define the composition, powers and 35 Control of the Union over the adminis- tration of scheduled areas and welfare of aoheduled tribes in States in Part I of the First Sohednle.

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 such a State as to the 40 drawing up and execution of schemes specified in the direction to be essential for the welfare of the scheduled tribes in the State.

Appointmen' of a Com- mission to investigate the condi- tions of backward classes.

301. (1) The President may by order appoint a Commission constating of such persons as he thinks fit to investigate the conditions of socially and edu- cationally backward classes within the territory of India and the difficulties under which they labour 5 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 given for the pmpose by the Union or any State and the conditions subject 10 to which such grants should be given, and the order appointing such Commission shall define the pro- cedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the matters referred to them and present to the IS 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 explain- 20 ing the action taken thereon to be laid before Parliament.

PART XV

Miscellaneous

Protection of President and Governors

. 302. (1) The President or .the Governor of a State jhall not be answerable to any court lor the exercise md performance of the powers and duties of his office 5 or for any act done or purporting to be done by him in the exercise and performance of those powers and luties:

Provided that the conduct of the President may be brought under review by any court, tribunal or 10 body appointed or designated by either House of Parliament for the investigation of a charge under article 50 of this Constitution:

Provided further that nothing in this clause shall be construed as restricting the right of any person to 15 bring against the Government of India or the Govern- ment of a State such proceedings as are mentioned In Chapter III of Part X of this Constitution.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or the 20 Governor of a State in any court during his term of office.

(3) No process for the arrest or imprisonment ol the President or the Governor of a State shall issue from any court during his term of office. 25 (4) No eivil proceedings in which relief Is claimed against the President or the Governor 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 30 he entered upon his office as President or Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or left at his office stating the nature of the proceedings,^35 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 which¹ he claims.

303. (1) In this Constitution, unless the context ±$ Interpretation eto.

otherwise requires, the following expressions have the

meanings hereby respectively assigned to them, that la to say—

(a) "agricultural income" means agricultural income as defined for the purposes of the enactments relating to Indian Income-tax; $

(b) "an Anglo-Indian" means a person whose father or any of whose other male pro- genitors ' in the male line is or was ol European descent but who 1B domiciled within the territory ol India and is or was 10 born within such territory of parents habitually resident therein and not estab- lished there for temporary purposes only; )) "an Indian Christian" means a person who professes any form of the Christian 15 religion and is not a European or an Anglo-Indian;

i) "borrow" includes the raising of money by the grant of annuities, and "loan" shall be construed accordingly; 20

i) "Chief Justice" includes in relation to a High Court a Chief Judge;

, i) "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 th*25 following conditions are fulfilled:—

(i) that it is not chargeable in respect of

agricultural income;

(ii) that no deduction in respect of the tax

paid by companies is, by any enact- 30 ments which may apply to the tax, authorised to be made from dividends payable by the companies to indivi- duals ;

(iii) that no provision exists for taking the tax 35

so paid into account in computing lor the purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or 40 refundable to, such individuals; (g) "corresponding Province" or "correspond- ing State" means in cases of doubt such Province or State as may be determined

by the President to be the corresponding Province or, as the case may be, the corresponding State lor the particular purpose in question:

(h) "debt" includes any liability in respect ol 5

any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;

(i) "existing law" means any law, Ordinance, 10

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 15 regulation but does not include any Act of Parliament of the United Kingdom or any Order in Council made under any such Act;

(j) "Federal Court" means the Federal Court 20

constituted under the Government of India Act, 1935;

(k) "goods" includes all materials, commodi-

ties, and articles;

.(1) "guarantee" includes any obligation under-25

taken before the commencement of this Constitution to make payments in the event of the profits oi an undertaking fall- ing short of a specified amount;

:(m) "pension" means a pension, whether contxl-30

butory or not, of any kind whatsoever payable to or in resgect 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 35 without interest thereon or any other addition thereto, of subscriptions to a provident fund;

^n) "public notification" means a notification in

the G-azette of India, or, as the case may an be, the official Gazette of a State;

<(o) "securities" includes stock;

(p) "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly;

(q) "tax on income" Includes a tax in the nature 5- of an excess profits tax;

(r) "railway" includes a tramway not wholly

-within a municipal area;

(s) "Union railway" does not include an Indian

State railway but, save as aforesaid, 10 includes any railway not being a minor railway;

(t) "Indian State railway" means a railway owned by a State for the time being speci- fied in Part I II of the First Schedule and 15 either operated by such State, or operated on behalf of such State otherwise than in accordance with a contract made with that State by or on behalf of the Government of India, or any company operating a 20 Union railway;

(u) "minor railway" means a railway which is wholly situate In one State and does not form a continuous line of communication with a Union railway, whether of the 25 same gauge or not;

(v) "Schedule" means a Schedule to this Consti- tution ;

(w) "Scheduled Castes" means In relation to any State for the time being specified in Part I 30 of the First Schedule 3uch castes, races or tribes or parts of or groups within castes, races or tribes as are specified In the Government of India (Scheduled Castes) Order, 1936, to be scheduled castes for the 35 purposes of the Fifth and Sixth Schedules to the Government of India Act. 1935. in relation to the corresponding Province;

(x) "scheduled tribes" means the tribes or com- munities specified in Parts I to IX of the 40 Eighth Schedule in relation to the States for the time being specified in Part I of the First Schedule to which those Parts respectively relate.

(2) Unless the context otherwise requires, the General Clauses Act, 1897 (X of 1897), shall apply* for the Interpretation of this Constitution.

(3) Any reference in this Constitution to Acts or laws of, or made by, Parliament or Acts or laws of, 5 or made by, the Legislature of a State for the time being specified In Fart I of the First Schedule shall be construed as including a reference to an Ordinance made by the President or, as the case may be, to an Ordinance made by a Governor. 10

PART XVI

Amendment of the Constitution

Prooedure for am of the Constitution.

304 (1) An amendment of the Constitution may be initiated by the introduction of a Bill for the pur- pose in either House of Parliament, and when the 5 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, it shall be presented to the Presi- dent for his assent and upon such assent being given 10 to the Bill', 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) any of the Lists in the Seventh Schedule; 15

(b) the representation of States in Parliament; or

(c) the powers of the Supreme Court,

the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States for the time being specified in Part I of the 2n First Schedule and the Legislatures of not less than one-third of the States for the time being specified in Part III of that Schedule.

**(2) Notwithstanding anything in the last pre- ceding clause, an amendment of the Constitution 25 seeking to make any change in the provisions of this Constitution relating to the "'"""method of choosing a G-overnor or the number of Houses of the

*The Committee* is of opinion that item (a) of the proviso to clause (1) of this article should contain reference to all the Lists in the Seventh Sobedule.

**The Committee is also of opinion that provision should be included in this artiole for enabling the Legislature of a State In Part I of the First Schedule to initiate a Bill for the amendment of the provisions of this Constitution relating to the choosing of tho Governor and the number of Houses of the Legislature in auoh State provided such Bill is passed by an absolute majority of the Legislature of sueh 'State and is thereafter ratified by Parliament by an absolute majority, and has added clause (2) to this article for the purpose.

*** The words " the method of choosing a Governor or " should be retained in this clause only if the second alternative In artiole 131 Is not adopted.

Legislature in any State for the time being specified in Part I of the First Schedule may be initiated by the introduction of a Bill for the purpose in the Legislative Assembly of the State or, where the State has a Legislative Council, in either House qf the 5. Legislature of the State, and when the Bill is passed by the Legislative Assembly or, where the State has a Legislative Council, by both Houses of the Legis- lature of the State, by a majority of the total mem- bership of the Assembly or each House, as the case \o> may be, it shall be submitted to Parliament for ra- tification, and when it is ratified by each House of Parliament by a majority of the total membership of that House it shall be presented to the President for assent and upon such assent being given to the jg Bill, the Constitution shall stand amended in accord- ance with the terms of the Bill.

Explanation.—Where a group of States is for the time being specified in Part III of the First Sche- dule, the entire group shall be deemed to be a single 20 State for the purposes of the proviso to clause (1) of this article.

Reservation of seats for minorities to remain inforce for only ton years unless continued, in operation by amendwient of the Constitu- tion.

305. Notwithstanding anything contained in article 304 of this Constitution, the provisions of this Constitution relating to the reservation of seats for 25 the Muslims, the Scheduled Castes, the scheduled tribes or the Indian Christians either in Parliament or in the Legislature of any State for the time being specified in Part I of the First Schedule shall not be amended during a period of ten years from the com- 30, mencement of this Constitution and shall cease to have effect on the expiration of that period unless continued in operation by an amendment of the Constitution,

PART XVII

Temporary and Transitional

Provisions

*306. Notwithstanding anything in this Constitu- tion, Parliament shall, during a period of five years 6 from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concur- rent List, namely:—

(a) trade and commerce within a State in, and 10 Temporary power to Parliament to make lawi •with respect to certain matters in the State List aa if they wore matters in the Concur- rent List.^

the production, supply and distribution of, cotton and woollen textiles, paper (including newsprint), foodstuffs (includ- ing edible oil-seeds and oil), petroleum and petroleum products, spare parts of IB mechanically propelled vehicles, coal, iron, steel and mica;

(b) relief and rehabilitation of displaced

persons;

(c) offences against laws with respect to any of ²⁰

the matters mentioned in clauses (a) and (b) of this article, inquiries and statistics for the purposes of any of those matters, jurisdiction and powers of all courts except the Supreme Court with respect to ²S 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 30 been competent to make, shall to the extent of the incompetencv cease to have effect on the expiration

* The Committee is of opinion that in view of the present conditions regarding the production, supply and distribution of foodstuffs and certain other oommoditio i and the speoial problem, of the relief and rehabilitation of refiigeoB, powor should bo provided for Parliament to mate laws with respect to these matters for a period of five years, although normally these matters fall in the StatH List. Similar powor was conforred for a limited period by the India (Central Government and Legislature) -Act, 1946.

of the said period except as respects things done or omitted to be done before the expiration thereof.

OontinuanoQ In foroe of existing lawc and their adaptation.

307. (1) Subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this 5 Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.

(2) The President may, by Order, provide that, as from such date as may be specified in the Order, XQ any law in force in the territory of India or in any part of such territory shall, until repealed or amended by a competent Legislature or other com- petent authority, have effect subject to such adapta- tions and modifications, whether by way of repeal or 15 amendment, as appear to him to be necessary or expedient for bringing the provisions of that " law into accord with the provisions of this Constitution and any such adaptation or modification shall not be questioned in any court of law. 20

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, not- 25 withstanding that it or parts of it may not be then in operation either at all or in particular areas.

35 Explanation II.—Any law passed or made by a Legislature or other competent authority in the territory of India which immediately before the 30 commencement of tlrs Constitution has extra terri- torial effect, as wall as effect in the territory of India shall, subject to any such adaptations and modifica- tions as aforesaid, continue to have extra-territorial effect.

Explanation III.—Nothing in this article shall bd construed as continuing any temporary Act in force beyond the date fixed for its expiration.

308. (1) The judges of the Federal Court holding office immediately before the date of commencement of this Constitution shall, unless they have elected otherwise, become on that date the judges of the Supreme Court and shall thereupon be entitled to 5 such salaries and allowances and to such rights in respect of leave and pensions as are provided for under article 104 of this Constitution in respect of the judges of the Supreme Court.

(2) All suits, appeals and proceedings, civil or \Q Judges ofthe Federal Court to beoome judges of the Supreme Court and prooeedinga pending in the Federal Court or before Hie Majosty in Counoil to be transferred to the ^Supreme Oourt.

criminal, pending in the Federal Court at the commencement of this Constitution shall stand re- moved to the Supreme Oourt, and the Supreme Court shall have jurisdiction to hear and determine the same and the judgments and orders of the 15 Federal Court delivered or made before the com- mencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.

*(3) On and from the date of commencement of 20

this Constitution the jurisdiction of His Majesty in Council to entertain and dispose of appeals and petitions from or in respect of any decree or order of any court within the territory of India including the jurisdiction in respect of criminal matters 25 exercisable by His Majesty by virtue of His Majesty's prerogative shall cease, and all appeals and other proceedings pending before His Majesty in Council on the said date shall be transferred to, and disposed of, by the Supreme Court. 30

(4) Further provision may be made by Parlia- ment by law to give effect to the provisions of this article.

*Tho Committee thinks that all appeals and othor proceedings pending before His Majesty-in-Council shall be finally disposed of by the time the Constitution comes into operation. If, however, some appeals or other proceedings remain pending before His Majesty-in-Counoil at tho time of the commencement of the Consti- tution and any difficulty is experienced with regard to their transfer to, or disposal by, the Supreme Court, the President may pass necessary orders under the " removal of difficulties " clause (artiole 313).

309. 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 Coristi- 5 tution.

Courts,

authorities

and offloers

to continue

to funotion

after the

oommenpe-

ment of this

Constitution

gubjeot to

the provisions

thereof.

Provisions as to judges of High Court-i.

310. The judges of a High Court in any Province holding office immediately before the date of com- mencement of this Constitution shall, unless they have elected otherwise, become on that date the 10 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 and pensions as are provided for under article 197 of this Constitution in respect of the judges of such 15 High Court.

Provisions aa

to provisional

Legislature

of the Union,

President,

etc.

311. (1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under this Constitution, the Consti- tuent Assembly of the Dominion of India shall itself 20 exercise all the powers and perform all the duties conferred on Parliament and may in particular make law for securing the due constitution of the two Houses of Parliament and for providing for all matters relating to or connected with elections to 25 either House of Parliament Including the delimita- tion of constituencies and for such other ancillary and consequential matters as may be deemed neces- sary for the purpose of giving effect to the provi- sions of this Constitution. 30

Explanation:—For the purposes of this clause, the Constituent Assembly of the Dominion of India includes members chosen to fill casual vacancies in that Assembly in accordance- with rules made in that behalf by the Assembly, but shall not include 35 any members representing any territory not includ- ed in the First Schedule.

(2) The Speaker of the Constituent Assembly when functioning as the Dominion Legislature under the Government of India Act, 1935, shall 40

continue to be the Speaker of such Assembly func- tioning under clause (1) of this article.

*(3) Such person as the Constituent Assembly of the Dominion of India shall have elected in this behalf shall be the provisional President of India 6 until a President has been elected in accordance with the provisions contained in Chapter I of Part V of this Constitution and has entered upon his office.

(4) All persons holding office as ministers for 10 the Dominion oi India immediately before the com- mencement of this Constitution shall after such commencement become members of the Council of ministers of the provisional President under this Constitution.

15

Fro visions -as to pro- visional Legis- lature, Governor, eto. in each State in Part I of the First •flohedule.

312. (1) Until the House or Houses of the Legis- lature of each State for the time being specified in Part I of the First Schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, 20 the House or Houses of the Legislature of the corresponding Province functioning immediately before the commencement of this Constitution shall exercise the powers and perform the duties conferred by the provisions of this Constitution on the House 25 or Houses of the Legislature of such State.

(2) Any person holding office as Speaker of the Legislative Assembly or President of the Legisla- tive Council of a Province immediately before the commencement of this Constitution shall after such 30 •commencement be the Speaker of the Legisla- tive Assembly or the Chairman of the Legislative Council, as the case may be, of the corresponding State for the time being specified in Part I of the First Schedule while such Assembly or Council func- 35 tions under clause (1) of this article.

Two members of the Committee, the Honourable Dr. B.R. Ambodkar and Shri Alladi Krishnaswami Ayyar, are of opinion that for clause (3) of artiole 311 , the following clause should be substi- tuted ;—

" (3) The President of the Constituent Assembly of India shall become -.the provisional President of India until a President has been elected in accordance with the provisions contained In- Chapter I of Part V of this Constitution and has entered upon hia office ".

(3) Any person holding office as Governor In any Province Immediately before the commencement of this Constitution shall after such commencement be the provisional Governor of the corresponding State for the time being specified in Fart I of the 5 First Schedule until a new Governor has been elect- ed/appointed* in accordance with the provisions of Chapter II of Part VI of this Constitution and has entered upon his office.

(4) All persons holding office as ministers in a 10 Province immediately before the commencement of this Constitution shall after such commencement become members of the Council of ministers of the provisional Governor of the corresponding State for the time being specified in Fart I of the First 1& Schedule.

Power of the President to remove difficulties."

313. (1) Subject to the provisions of clause (1) of article 311 of this Constitution, the President may, for the purpose of removing any difficulties, parti- cularly in relation to the transition from the provi- 20 sions of the Government of India Act, 1936, 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 variation, 25 addition, or repeal, 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 of this Constitution. 30 (2) Every order made under clause (1) of this article shall be laid before each House of Parlia- ment.

•If the second alternative Is adopted In article 131, the word " appointed " will have to be used in this olause instead of the word " efeoted ".

PART XVIII

Commencement and Repeals.

314. This Constitution shall come into lorce on flnnnmannfti moot.

B{{^{{FOOTNOTE *}}}}pMlft 315. The Indian Independence Act, 1947, and 5 the Government of India Act, 1935, including the India (Central Government and Legislature) Act, 1946, and all other enactments amending or supple- menting the Government of India Act, 1935, shall cease to have effect.

10

FIRST SCHEDULE

[Articles 1 and 4]

THE STATES AND THE TERRITORIES OF INDIA

Part I

The territories known immediately before the commence- ment of this Constitution as the Governors' Provinces of—⁵

in

u' 1. Madras, 2. Bombay, 3. West Bengal, 4. The United Provinces, 5. Bihar, 6. East Punjab, 7. The Central Provinces and Berar, 8. Assam, 9. Orissa.

1$.

Part II

The territories known immediately before the commence- ment of this Constitution as the Chief Commissioners' Provinces of— 1. Delhi, 2. Ajmer-Merwara including Panth Piploda, 20** 3. Ooorg,

*The Committee has anxiously considered the question whether Andhra should be specifically mentioned as a separate State in this Sche- dule. There was recently a statement by the Government on this subject, in which it was said that Andhra could be included among the Provinces in the Constitution as was done in the case of Orissa and Sind under the Government of India Act, 1995. Accordingly, the Committee was at one stage inolined to mention Andhra as a distinct State in tho Schedule. On fuller consideration, however, the Committee feels that the bare mention' of the State in the Schedule will not suffice to bring it into being from the commencement of the new Constitution. Preparatory steps will have to< be taken immediately under the present Constitution in order that the new State, with all the machinery of government, may be in being from the commencement of the new Constitution. This was what was done in the caBe of Orissa and Sind under the Act of 1985 : they were made into sepa- i^te Provinces with effect from April 1, 1986, while the Act came into operation on April 1, 1937. Tho Committee therefore recommends that a Commission should be appointed to work out or inquire into all relevant matters not only as regards Andhra but also (is regards other linguistic ifiteglons', with instructions to subtnit its report in time to enable any new States whose formation it may recommend to be created under section 290- of the Act of 1985 and to be mentioned in this Sohedule before the Consti- tution is finally adopted.

P a rt III

DIVISION A

The fi

ollowlng Indian States—

5 1. 2.

3.

4.

5. 6.

10 7. 8.

1 of

15 9. 10. 11. 12. 13.

AA

20 14. 15. 16. 17. 18. 19.

Mysore, Kashmir, Gwalior, Baroda, Travancore, Cochin, Udaipur, Jaipur. Jodhpur, Bikaner, Alwar, Kotah, Indore, Bhopal, Bewa, Kolhapur, Patiala, Mayurbhanj, United State of Kathlawar.

DIVISION B*

All other Indian States which were within the Dominion of India immediately before the commencement of thla^o Constitution.

F a rt iV

The Andaman and Nicobar Islands.

* It is not possible to enumerate eaoh of the States beoause owing to merged of various kinds many of the Statos may disappear in larger units. It vlll ba neoessary however to enumerate all the States oy name before the Oonattfcu- tfon Is finally adopted.

SECOND SCHEDULE [Articles 48 (3), 62 (6), 79, 104, 124 (2), 136 (3), 146 (6), 163 and 197]

Part I

PROVISIONS AS TO THE PRESIDENT AND THE 5 GOVERNORS OF STATES, TOR THE TIME BEING SPECIFIED IN PART I OF THE FIRST SCHEDULE

1. There shall be paid to the President and to the Governors of the States for the time being specified in Part I of the First Schedule the following emoluments per mensem, 10 that is to say:—

The President ... 5,500 rupees. The Governor of a State ... 4,500 rupees.

2. There shall be also paid to the President and to the Governors the following allowances per mensem during their 15 respective terms of offices to enable them to discharge con- veniently and with dignity the duties of their respective offices, that is to say:—

The President ... rupees. The Governor of a State ... rupees. 20 3. There shall be paid to the President and a Governor an allowance equal to the actual expenses respectively in- curred by them in travelling with their families, if any, and their and their families' effects to take up the appointment of the President or Governor as the case may be. 25 4. The President and each Governor throughout their respective terms of office shall be entitled without payment of rent or hire to the use of the official residences and of the railway saloons, river craft, air craft and motor cars pro- vided for their respective use and no charge shall fall on 30 them personally in respect of the maintenance thereof.

5. While the Vice-President or any other person is dis- charging the functions of the, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emolument and allowance under 35 paragraphs 1 and 2 of this Schedule as the President or the Governor whose functions he discharges or for whom he acts, as the case may be, and during the period he so dis- charges the functions or acts, the provisions of paragraph 4 of this Schedule shall apply to him, but the provisions of 40 paragraph 3 thereof shall not apply to him.

Part II

PROVISIONS AS TO THE MINISTERS FOR THE UNION AND FOR THE STATES IN PART I OF. THE FIRST SCHEDULE

6. There shall be paid to the Prime Minister and to each 5 of the other Ministers for the Union such salaries and allowances as were payable respectively to the Prime Minister and to each of the other Ministers for the Dominion immediately before the commencement of this Constitution.

7. There shall be paid to the Ministers for any State for 10 the time being specified in Part I of the First Schedule such salaries and allowances as were payable to such Ministers for the corresponding Province immediately before the com- mencement of this Constitution.

Part III

is

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 20 DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLIES OF STATES IN PART I OF THE FIRST SCHEDULE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLA- TIVE COUNCILS OF SUCH STATES 23

8. 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 30 be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable respectively to the Deputy President of the Legislative Assembly and to the Deputy President of the Council of State immediately before the 35 fifteenth day of August, 1947.

9. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly of a State for the time being specified in Part I of the First Schedule and to

the Chairman and the Deputy Chairman of the Legislative Council oi such 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 De- puty President of the Legislative Council of the correspond- 5 ing Province immediately before the commencement of tnis 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 10 allowances as the Governor of the State mav determine-

Part IV

PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS

10. There shall be paid to the Judges of the Supreme Court 15 and of each High Court within the territory of India except the States for the time being specified in Part III of the First Schedule in respect of time spent on actual service salary at the following rates per mensem, that is to say:—

Chief Justice of the Supreme Court . 5,000 rupees: 20 Any other judge of the Supreme Court . 4,500 rupees: Chief Justice of a High Court , 4,000 rupees: Any other judge of a High Court . 3,500 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 25 disability or wound pension) in respect of any previous service under the Government of India or any of its predeces- sor Governments or under the Government of a State for the time being specified in Part I of the First Schedule or any of its predecessor Governments, his salary in respect of service 30 in the Supreme Court shall be reduced by the amount of that pension.

11. The Chief Justice or -any other judge of the Supreme Court or a Chief Justice or any other judge of a High Court within the territory of India except the States for the time 35 being specified in Part III of the First Schedule 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 in the case of the Chief 40

Justice or any other Judge of the Supreme Court, or the Governor ol the State in the case of the Chief Justice or any other judge of such High Court, may from time to, time prescribe.

12. (1) The rights in respect of leave of absence or pension 5 of the Chief Justice or any other judge of the Supreme Court shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to any such judge ol the Federal Court.

(2) The rights in respect of leave of absence or pension ol 10 the Chief Justice or any other judge of a High Court within the territory of India except the States for the time being specified in Part III of the First Schedule shall be governed or shall continue to be governed, as the case may be, by the same provisions which were applicable immediately before the 16 commencement of this Constitution to any such Judge of such High Court.

(3) For the purposes of this paragraph, a person who was serving as an ad hoc Judge, acting Judge or additional Judge at the commencement of this Constitution shall be deemed to 20 have been serving as a Judge at that date if, but only if, his service as such ad hoc Judge, acting Judge or additional Judge continued without interruption until his subsequent permanent appointment as a Judge.

13. In this Part, unless the context otherwise requires,— 25

(a) the expression "Chief Justice" includes an acting Chief Justice, and a "judge" includes an ad hoc Judge, an acting Judge and an additional judge;

(b) "actual service" includes—

(i) time spent by a judge on duty as a judge or in the 30

performance of such other functions as he may be directed by the President or the Governor, as the case may be, or by the Commission appointed under Article 289 of this Constitution to discharge;

35

(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.

40

Part V

PROVISIONS AS TO THE AUDITOR-GENERAL OF INDIA

14. There shall be paid to the Auditor-General of India a salary at the rate of four thousand rupees per mensem. 5 15. The rights in respect of leave of absence or pension of the 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 10 And all references in those provisions to the Governor-General shall be construed as references to the President.

THIRD SCHEDULE

[Articles 62 (4), 81, 103 (6), 144 (2), 165 and 195]

FORMS-OF DEOLAKATIONS

Form of oath of office for a Minister for the Union:— ^ " I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously dis- charge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the 10* Constitution and the law, without fear or favour, affection or illwill."

II

Form of oath of secrecy for a Minister for the Union:—

"I, A.B., do solemnly affirm (or swear) that I will not 15, directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consi- deration 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(h

I II

Form of declaration 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 solemnly and sincerely promise and declare that I will bear 25~. true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."'

IV

Form of declaration to be made by the judges of the Supreme 30

Court:—

" I, A.B., having been appointed Chief Justice (or a judge) of the Supreme Court of India do solemnly and sincerely promise and declare that I will bear true faith and allegi- ance to the Constitution of India as by law established, that 35 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 illwill and that I will uphold the Constitution and the laws."

V

Form of oath of office for a Minister for a State for the time being specified in Part I of the First Schedule :—

"I,"A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by 5 law established, that I will faithfully and conscientiously discharge my duties as a Miiiicter ior the State of— and that I will do right to" all manner of people in accord- ance with the Constitution and the law without fear or favour, affection or illwill."

10

VI Form of oath of secrecy for a Minister for a State for the time being specified in Part I of the First Schedule:— " I, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or 15 persons any matter which shall be brought under my consi- deration or shall become known to me as a Minister of

except as may be required for the due dis- charge of my duties as such Minister or as may be specially permitted by the Governor in the case of any matter pertain- 20 Ing to the functions to be exercised by him in his discre- tion."

VII Form of declaration to be made by a member of the Legisla- ture of a State for the time being specified in Part I of 25 the First Schedule:—

•'I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by 30 law established and that I will faithfully discharge the duty upon which I am about to enter."

VIH Form of declaration to be made by the judges of a High

Court:— 35 " I, A. B., having been appointed Chief Justice (or a judge) of the High Court at (or of) do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, 40 knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws."

FOURTH SCHEDULE

[Article 144 (4) ]

INSTRUCTIONS TO THE GOVERNORS OF STATES IN PART I OF THE FIRST SCHEDULE

1. In these instructions, unless the context otherwise S requires, the term "Governor" shall include every person lor the time being discharging the functions of the Governor according to the provisions of this Constitution.

2. In making appointments to his Council of ministers the Governor shall use his best endeavours to select his 10 ministers in the following manner, that is to say, to appoint in consultation with the person who in his judgment is most likely to command a stable majority in the Legislature those persons (including so far as practicable members of impor- tant minority communities) who will best be in a position 1& collectively to command the confidence of the Legislature. In so acting, he shall bear constantly In mind the need for fostering a sense of joint responsibility among the ministers.

3. In all matters within the scope of the executive power of the State, save in relation to functions which he is required 20 by or under this Constitution to exercise in his discretion, the Governor shall, in the exercise of the powers conferred upon him, be guided by the advice of his ministers.

4. The Governor shall do all that in him lies to maintain standards of good administration, to promote all measures 2& making for moral, social and economic welfare and tending to fit all classes of the population to take their due share in the public life and government of the State, and to secure amongst all classes and creeds co-operation, goodwill and mutual respect for religious beliefs and sentiments. 30

FIFTH SCHEDULE

[Articles 189 (a) and 190 (1)]

PROVISIONS AS TO THE ADMINISTRATION

AND CONTROL OF SCHEDULED AREAS AND

SCHEDULED TRIBES 5

Part I

GENERAL

1. Executive power of a State in scheduled areas.—Subject to the provisions of this Schedule the executive power of a State for the time being specified in Fart I of the First 10 Schedule extends to the scheduled areas therein.

2. Report by the Governor to the Government of India regarding the administration of the scheduled areas.—The Governor of each State having scheduled areas therein shall annually, or whenever so required by the Government of India, 15 make a report to that Government regarding the administra- tion 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 II 20

PROVISIONS AS TO THE STATES OF MADRAS, BOMBAY, WEST BENGAL, BIHAR, THE CENTRAL PROVINCES AND BERAR, AND ORISSA

3. Application of Part II.—The provisions of this Part 25 shall apply to the States of Madras, Bombay, West Bengal, Bihar, the Central Provinces and Berar, and Orissa.

4. Tribes Advisory Council.—(1) As soon as may be after the commencement of this Constitution, there shall be estab- lished in the States of Madras, Bombay, West Bengal, Bihar, 30 the Central Provinces and Berar, and Orissa, a Tribes Advisory Council consisting of not less than ten and more than twenty-five members, of whom, as nearly as may be, three- Fourths shall be elected representatives of the scheduled tribes in the Legislative Assembly of the State. 35

(2) It shall be the duty of the Tribes Advisory Council generally to advise the Government of the State on all matters pertaining to the administration ol the scheduled areas, if any, and the welfare of the scheduled tribes in the State.

(3) The Governor may make rules prescribing or regulating 5 as the case may be—

(a) the number of members of the Council, the mode of their appointment and of the appointment of its Chairman and of the officers and servants thereof;

(b) the conduct of its meetings and its procedure in 10

general;

(c) its relations with officials and local bodies in the

State; and

(d) all other incidental matters.

5. Law applicable to scheduled areas,—(1) The Governor 15 may, if so advised by the Tribes Advisory Council for the State, 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 anypart thereof in the State 20 subject to such exceptions and modifications as he may with the approval of the said Council specify in the notification:

Provided that where such Act relates to any of the follow- ing, subjects, that is to say—

25 (a) marriage; (b) inheritance of property; (c) social customs of the tribes; (d) land, other than lands which are reserved forest under the Indian Forest Act, 1927 or under any other law for the time being In force In the area in 30 question, including rights of tenants, allotment of land and reservation of land for any purpose; (e) any matter relating to village administration includ- ing the establishment of village panchayats, the Governor shall issue such direction when so advised by the 35 Tribes Advisory Council.

(2) The Governor may, after consultation with the Tribes Advisory Council for the State, make Regulations for any scheduled area in the State with respect to any matter not provided for by any law for the time being in force in such 40 area.

- (3) The Governor may also make regulations for any scheduled area in the State with respect to the trial of cases relating to offences other than those which are punishable with:

death, transportation for life or imprisonment for five years or upwards or relating to disputes other than those arising out of any such laws as may be defined in such regulations, and may by such regulations empower the headmen or panchayats In any such area to try such cases. 5

(4) Any regulations made under this paragraph when pro- mulgated by the Governor shall have the same force and effect as any Act of the appropriate Legislature which applies to such area and has been enacted by virtue of the powers con- ferred on that Legislature by this Constitution. 10

6. Alienation and allotment of lands to non-trlbals In scheduled areas,—(1) It shall not be lawful for a member of the scheduled tribes to transfer any land in a scheduled area to any person who is not a member of the scheduled tribes;

15

(2) No land in a scheduled area vested in the State within which such area is situate shall be allotted to, or settled with, any person who is not a member of the scheduled tribes ex- cept in accordance with rules made in that behalf by the Go- vernor in consultation with the Tribes Advisory Council for 20 the State.

7. Regulation of money-lending in scheduled areas.—The Governor may, and if so advised by the Tribes Advisory Coun- cil for the State shall, by public notification direct that no person shall carry on business as a money-lender in a sche- 25 duled area in the State except under or in accordance with the conditions of a licence Issued by an officer authorised in this behalf by the Government of the State and every such direction shall provide that a breach of it shall be an offence, and shall specify the penalty with which it shall be punish- 39 able.

8. Estimated receipts and expenditure pertaining to sche- duled areas to be shown separately in the annual financial statement.—The estimated receipts and expenditure pertain^ ing to a scheduled area in a State which are to be credited to, 35 or is to be met from, the revenues of the State shall be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 177 of this Constitution.

9. Application of Part II to areas other than Scheduled^

areas.—(1) The Governor may, at any time by public notifl- cation, direct that all or any of the provisions of this Part

shall on and from such date as may be specified In the noti- fication apply in relation to any area in the State inhabited by members of any scheduled tribe other than a scheduled area as they apply in relation to a scheduled area in the State, and the publication of such notification shall be 6on- 5 elusive evidence that such provisions have been duly applied in relation to such other area.

(2) The Governor may by a like notification direct that all or any of the provisions of this Part shall on and from such date as may be specified in the notification cease to apply in 10 relation to any area in the State in respect of which a noti- fication may have been issued under sub-paragraph (1) of this paragraph.

Part HI

PROVISIONS AS TO THE STATE OF 15

THE UNITED PROVINCES

10. Application of Part III.—The provisions of this Part

shall apply only to the State of the United Provinces.

11. Scheduled Areas Advisory Committee.—(1) As soon as may be after the commencement of this Constitution the 20 Governor shall by order appoint for the State a Scheduled Areas Advisory Committee, two-thirds of the members of which shall be the members of the Scheduled tribes. Such order may define the composition, powers and procedure of the Committee and may contain such incidental or ancillary 25 provisions as the Governor may consider necessary or desir- able.

(2) It shall be the duty of the Scheduled Areas Advisory Committee generally to advise the Government of the State on all matters pertaining to the development of scheduled areas 30 in the State.

12. Power of Governor to make regulations in certain cases.—(1) The Governor may make regulations for any sche- duled area in the State with respect to the trial of cases relat- ing to offences other than those which are punishable with 3& death, transportation for life or imprisonment for five years or upwards or for the trial of such classes of suits or cases of small pecuniary value as may be specified in such regulations, and may also by such regulations empower the headmen or panchayats in any such area to try such cases or suits. 40

(2) The Governor may also make regulations so as to pro- libit the transfer of any land in a scheduled area in the State )y a member of the scheduled tribes to any person who is not i member of the scheduled tribes.

(3)Any regulations made under this paragraph when pro- 5 lulgated by the Governor shall have the same force and effect is any Act of the appropriate Legislature which applies to uch area and has been enacted by virtue of the powers con- ferred on that Legislature by this Constitution.

13. Estimated receipts and expenditure pertaining to 10 scheduled areas to be shown separately in the Annual Finan- cial Statement.—The estimated receipts and expenditure per- taining to the scheduled areas in the State which are to be credited to, or is to be met from, the revenues of the State shall be shown separately in the Annual Financial Statement 15 )1 the State to be laid before the Legislature of the State under Article 177 of this Constitution.

Part IV

PROVISIONS AS TO THE STATE OF EAST PUNJAB

14. Application of Part IV.—The provisions of this 20 Part shall apply only to the State of East Punjab.

15. Appointment of Scheduled Areas Advisory Committee.— (1) As soon as may be after the commencement of this Cons- titution the Governor shall by order appoint for the State a Scheduled Areas Advisory Committee, two-thirds of the mem- 25 bers of which shall be the residents of the scheduled areas in the State. Such order may define the composition, powers and procedure of the Committee and may contain such inci- dental or ancillary provisions as the Governor may consider necessary or desirable.

go

(2) It shall be the duty of the Scheduled Areas Advisory Committee generally to advise the Government of the State on all matters pertaining to the administration of the scheduled areas in the State.

16. Application of Acts of Parliament or of the Legislature gg of the State to scheduled areas.—The Governor 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 notifica- tion .

17. Power of Governor to make regulations.—(1) The Governor may make regulationsTfor any scheduled area in the State with respect to the trial of cases relating to offences other than those which are punishable with death, transporta- „ tion for life or imprisonment for five years or upwards, ov for the trial of such classes of suits or cases of small pecuniary value as may be specified in sucn regulations, and may also by such regulations empower the headmen or panchayats in any such area to try such cases or suits. .

(2) The Governor may also make regulations so as to pro-10 hibit the transfer of any land in a scheduled area in the State by a member of the scheduled tribes to any person who is not a member of the scheduled tribes.

(3) Any regulations made under this paragraph when pro- mulgated by the Governor shall have the same force and ¹⁵ effect as any Act of the appropriate Legislature which applies to such area and has been enacted by virtue of the powers conferred on that Legislature by this Constitution.

Part V

2(>

SCHEDULED AREAS

*18. Scheduled areas.—(1) The areas specified in P a r ts I to V II of the Table below shall be the scheduled areas within the meaning of this Constitution, a nd any reference in t he said Table to any division, district, administrative area, tahsil or estate shall be construed as a reference to that dlvl- 25 ^sion, district, area, tahsil or estate as existing on the date of commencement of this Constitution.

(2) The President m ay at any time by Order—

(a) direct that the whole or any specified p a rt of a scheduled area shall cease to be a scheduled area ^ or a p a rt of such an area;

(b) alter, but only by w ay of rectification of boundaries, any scheduled a r e a;

* Tu Cjiun;fct-33 i< of opinion that a provision on the lines of sootion. il[2) of t\t Qjvjrnimab of India Ait, 193.5, aa originally enaotod, should ba included in this paragraph to enable any aiea to be exoluded from or iaoludsl la tho soh^dnlod aroas and the Committee has accordingly added sub-paragraph (2) to this paragraph.

(c) on any alteration of the boundaries of a State lor the time being specified in Part I of the First Schedule or on the inclusion in Part I of that Schedule of a new State admitted into the Union or establish- ed by Parliament by law, declare any territory 5 not previously included in any State so specified to be, or to form part of, a scheduled area,

and any such Order may contain such incidental and conse- quential provisions as appear to the President to be necessary and proper.

10

TABLE

I—MADRAS

The Laccadive Islands (including Minicoy) and the Amin-

divi Islands.

The East Godavari Agency and so much of the Vizaga-15 patam Agency as is not transferred to Orissa under the pro- visions of the Government of India (Constitution of Orissa) Order, 1936.

II—BOMBAY

In the West Khandesh District:—The Navapur Petha, the 20 Akrani Mahal and the villages belonging to the following Mehwassi Chiefs: (1) the Parvi of Kathi, (2) the Parvi of Nal, (3) the Parvi of singpur, (4) the Walwi of Gaohali, (5) the Wassawa of Chikhli, and (6) the Parvi of Navalpur.

In the East Khandesh District:—The Satpura Hills 25 reserved forest areas.

In the Nasik District:—The Kalvan Taluk and Peint

Petha.

In the Thana District:—The Dahanu and Shahapur Talukas and Mokhada and TJmbergaon Pethas. 30

III.—THE UNITED PROVINCES

The Jaunsar-Bawar Pargana of the Dehra Dun District. The portion of the Mirzapur District south of the Kaimur

range.

IV.—EAST PUNJAB 35

Spitl and Lahaul in the Kangra District.

V.—BIHAR

The Ranch! and Singhbhum Districts, and the Latehar sub-division of the Palamau District of the Chota Nagpur Division.

40

The Santal Parganas District excluding the G-odda and Deogarh Sub-divisions.

VI.—THE CENTRAL PROVINCES AND BERAR

In the Ohanda district, the Ahirl Zamindari in the Sironcha Tahsil and the Dhanora, Dudmala, Gewardha, 5 Jharapapra Khutgaon, Kotgal, Muramgaon, Palasgarh, Rangi, Sirsundi Sonsari, Chandala, Gilgaon, Pai-Muranda and Potegaon Zamindaris In the O-archiroli Tahsil.

The Harrai, G-orakghat, Gorpani, Batkagarh, Bardagarh Fartabgarh (Pagara), Almod and Sonpur Jagirs of the 10 Ohhindwara District, and the portion of the Pachmarhi juglr in the Chhindwara District. The Mandla District. The Pendra, Kenda, Matin, Lapha, XTprora, Chhurl and Korba Zamindaris of the Bilaspur District. 15 The Aundhi, Koracha, Panabaras and Ambagarh Chauki Zamindaris of the Drug District.

The Baihar Tahsil of the Balaghat District. The Melghat Taluk of the Amraoti District. The Bhainsdehi Tahsil of the Betul District. 20

VII—ORISSA

The Ganjam Agency Tracts including Khondmals. The Koraput District.

SIXTH SCHEDULE

[Articles 180 (b) and 190 (2)]

"ROVISIONS AS TO THE ADMINISTRATION OF THE TRIBAL AREAS IN ASSAM

1. Autonomous districts and autonomous regions.—(1) 6 ["he tribal areas In each item of Part I ol the Table appended o paragraph 10 of this Schedule for the time being Included n that Part shall be an autonomous district.

(2) If there are different scheduled tribes in an autono- nous district, the Governor may, by public notification, divide 10 die area or areas inhabited by them into autonomous regions.

(3) The Governor may, by public notification—

(a) include any area in Part I of the said Table, (b) create a new autonomous district, (c) Increase the area of any autonomous district, 10 (d) exclude any area from Part I ol the said Table, (e) diminish the area of any autonomous district:

Provided that no order shall be made by the Governor under clause (b) or clause (c) of this sub-paragraph except after consideration of the report of a Commission appointed 20 under sub-paragraph (1) of paragraph 14 of this Schedule:

Provided further that no order shall be made by the Governor under clause (d) or clause (e) of this sub-paragraph unless a resolution to that effect is passed by the District Council of the autonomous district concerned. 25 2. Constitution of District Councils and Regional Coun- cils.—(1) There shall be a District Council for each auto- nomous district consisting of not less than twenty and not more than forty members of whom not less than thraa-fourths shall be elected on the basis of adult suffrage. SO

(2) The territorial constituencies for elections to each District Council shall be so delimited t h at as far as possible the areas inhabited by the different scheduled tribes of the district and the areas, if any, inhabited by other persons shall form separate constituencies:

30

Provided that no constituency shall be formed which has a total population of less than five hundred.

(3) There shall be a separate regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.

40

(4) Each District Council and each Regional Council shall be a body corporate by the name respectively of "the Dis- trict Council ol (name of District)" and "the Eegional Coun- cil of (name of Region)", shall have perpetual succession and 5 a common seal and shall by the said name sue and be sued*. (5) Subject to the provisions of this Schedule the ad- ministration 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 10 such district and the administration of an autonomous Re- gion shall be vested in the Regional Council for such region.

(6) In an autonomous district with Regional Councils, the District Council shall have only such powers with res- pect to the areas under the authority of the Regional Council 15 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.

(7) The Governor shall make rules for the first constitu- tion of District Councils and Regional Councils in cnnsulta- 20 tion with the existing tribal Councils or other representa- tive 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; 25 (b) the delimitation of territorial constituencies for the purpose of elections to those Councils;

(c) the qualifications for voting at such elections and tho preparation of electoral rolls;

(d) the qualifications for being elected at such elections as 30 members of such Councils;

(e) any other matter relating to or connected with elec- tions or nominations to such Councils;

(f) the procedure and the conduct of business in the

District and Regional Councils; 35 (g) the appointment of officers and staff of the District and Regional Councils.

(8) The District or the Regional Council may after its first constitution make rules with regard to the matters specified in sub-paragraph (7) of this paragraph and may also 40 make rules regulating—

(a) the formation of subordinate local Councils or Boards and their procedure and the conduct of their busi- ness; 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:

Provided that until rules are made by the District or the Regional Council under this sub-paragraph the rules made by 5 the Governor under sub-paragraph (7) of this paragraph shall lave effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such Council:

Provided further that the Deputy Commissioner or the Sub-10 Divisional Officer, as the case may be, of the Mildr and North Oachar Hills shall be the Chairman ex-offlcio of the District Council in respect of the territories included in items 5 and 6 respectively of Part I of the Table appended to paragraph 19 of this Schedule and shall have power for a period of six I⁵ years after the first constitution of the District Council, subject to the control of the Governor, to annul or modify any resolu- tion or decision of the District Council or to issue such instruc- tions to the District Council, as he may consider appropriate, and the District Council shall comply with every such instruc- 20 tion issued.

3. Powers of the District Councils and Regional Councils to make laws.—(1) The Regional Council for an autonomous 'egion in respect of all areas within such region and the Dis- or trict Council for an autonomous district in respect of all areas "° vithin the district except those which are under the authority )f 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 in- terests of the inhabitants of any village or town:

Provided that nothing in such laws shall pre- ³⁵ vent the compulsory acquisition of any land whether occupied or unoccupied for public pur- poses by tha State of Assam in accordance with the law for the time being in force authorising such acquisition;

40

(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 adminls- 5 tration including village or town police and public health and sanitation;

10 (g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property; (i) marriage; (J) social customs.

(2) In this paragraph, a "reserved forest" means any area which is a reserved forest under the Assam Forest Regulation, 1899, or under any other law for the time being in force in the area in question.

15

4. 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 dis- 20 trict 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 other than those to which the provisions of sub-paragraph (1) ol paragraph 5 of this Schedule apply or those arising out of any 25 law made under paragraph 3 of this Schedule, 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 lor the administration of the laws made under para- 30 graph 3 of this Schedule.

(2) Notwithstanding anything in this Constitution the Regional Council for an autonomous region or any court constituted In this behalf by the Regional Council or, if in respect of any area within an autonomous district there is 35 no Regional Council, the District Council for such district, or any court constituted in this behalf by the District Council, shall exercise the powers of a Court of Appeal in respect ol all suits and cases between the parties all of whom belong to scheduled tribes within such region or area, as the case may 40 be, other than those to which the provisions of sub-paragraph (1) ol paragraph 5 of this Schedule apply, and no other Court

in the State shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final.

5. .Conferment of powers under the Code of Civil Proce- dure, 1908 and the Code ol Criminal Procedure, 1898 on the 5 Regional and District Councils and on certain courts and officers lor the trial of certain suits 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 this behalf by the Governor, or for the trial of 10 offences punishable with death, transportation for life, or im- prisonment 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 region or district, confer on the District Council or the Regional Council having authority over such 15 district or region or on courts constituted by such District Council or on any officer appointed in this behalf by the Governor, such powers under the Code of Civil Procedure, 1908 or, as the case may be, the Code of Criminal Procedure, 1898, as he deems appropriate, and thereupon the said 20 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, :ourt or officer under sub-paragraph (1) of this paragraph. 25 (3) Save as expressly provided in this paragraph the Code of Civil Procedure, 1908 and the Code of Criminal Procedure 1898, shall not apply to the trial of any suits, cases or offen- ces in an autonomous district or in any autonomous region.

6. Powers of the District Council to establish primary 30 schools, etc.—The District Council for an autonomous district may establish, construct, or manage primary schools, dispen- saries, markets, cattle pounds, ferries, fisheries, roads and waterways in the district and in particular may prescribe the language and the manner in which primary education 35 shall be imparted in the primary schools in the district.

7. District and Regional Funds.—(1) There shall be con- stitued 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 D i s t r i c ts Council for that district and the Regional Council for that region in the course of the administration of such district sr region, as the case may be, in accordance with the pro- risions of this Constitution.

(2) Subject to the approval of the Governor rules may be made by the District Council and by the Regional Council lor the management of the District Fund or, as the case may be, the Regional Fund, and the rules so made may pre- scribe the procedure to be followed in respect of payment of 5 money into the said Fund, the withdrawal of moneys there- from, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.

8. Powers to assess and collect land revenue and to Impose taxes.—(1) The Regional Council for an autonomous region 10 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 15 of such lands in accordance with the principles for the time being followed by the Government of Assam in assessing lands for the purpose of land revenue in the State of Assam generally.

(2) The Regional Council for an autonomous region in 20 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 land and buildings, and tolls on persons 25 resident within such areas.

(3) The District Council for an autonomous district shall uave the power to levy and collect all or any of the following taxes within such district, that is to s a y-

fa) tax on professions, trades, callings and employments; 30 (b) a tax on animals, vehicles and boats; (c) taxes on the entry of goods into a market for sale there- in, and tolls on passengers and goods carried in ferries; and

(d) taxes for the maintenance of schools, dispensaries or 35

roads.

(4) A Regional Council or District Council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph.

40

9. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1) No licence or lease shall be grant- ed by the Government of Assam for the purpose of prospecting

lor, or the extraction of, minerals in any area comprised witn- n an autonomous district, save in consultation with tha District Council for that district.

(2) Such share of the royalties accruing each year from licences or leases for the purpose of prospecting, for, or the 5 extraction of, minerals granted by the Government of Assam In respect of any area within an autonomous district as may be agreed upon between the Government of Assam and the District Council of such district shall be made over to that District Council.

10

(3) 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 (2) of this paragraph to the 1& District Council and the decision of the Governor shall be final.

10. 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 regula- 20 tions for the regulation and control of money-lending or trading within the district by persons other than scheduled tribes resident In the district.

(2) Such regulations may—

(a) prescribe that no one except the holder of a licence 25:.

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- 30 lenders and for the inspection of such accounts by officers appointed In this 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 35 on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council:

Provided that no such regulations may be made under this paragraph unless they are passed by a majority of not less 40- 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 regula- tions.

3

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. 10

12. Application of Acts of Parliament and of the Legia- lature of the State to autonomous districts and autonomous regions—Notwithstanding anything contained in this Consti- tution^—

(a) no Act of the Legislature of the State in respect of any 15 of the matters specified in paragraph 3 of this Schedule as matters with respect to which a Dis- trict Council or a Regional Council may make laws, and no Act of the Legislature of the State prohibiting or restricting the consumption of any 20 non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region 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 2S 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; 30

(b) the Governor may, by public notification, direct that any Act of Parliament or of the'Legislature of the State to which the provisions of clause (a) of this paragraph do not apply shall not apply to an autonomous district or an autonomous region, or 35 shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may with the approval of the District Council for such district or the Regional Council for such region specify in the notification, if a resolution 4^ recommending the issue of such direction is passed hy such District Council or such Regional Council, as the case may be.

13. Estimated receipts and expenditure pertaining to au- tonomous 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 revenues of the State of Assam 5- shall be shown separately in the annual financial statement of the State to be laid before the Legislature of the State under article 177 of this Constitution.

14. Appointment of Commission to inquire into and report on the administration of autonomous districts.—(1) The Gov- !<>• ernor of Assam 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 in the State, or may appoint a Commission to inquire into and report from time to time on the administration of autonomous districts 1& in the State generally and in particular on—

(a) the provision of educational and medical facilities and communications in such districts;

(b) the need for any new or special legislation in respect

of such districts; and 20- (c) the administration of the laws, regulations and rules made by the District and Regional Councils;

and define the procedure to be followed by such Commission.

(2) The report of every such Commission with the recom- mendations of the Governor with respect thereto shall be laid 25 before the Legislature of the State by the minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by the Government of Assam.

(3) In allocating the business of the Government of the 30 State among his ministers the Governor of Assam may place one of his ministers specially in charge of the welfare of the autonomous districts in the State.

15. Annulment or suspension of acts and resolutions of the DistricTbTReglonal Councils.—(1) If at any time thTflbvernor 35 Is satisfied that an act or resolution of a Regional Council or a District Council is likely to endanger the safety of India, 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 40 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 ok the State, continue in force for a period of twelve months from 5 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 10 the date on which under this paragraph it would otherwise have ceased to operate.

(3) The functions of the Governor under this paragraph shall be exercised by him in his discretion.

16. Dissolution of a District or Regional Council.—The 15 Governor may on the recommendation of a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a Regional or a District Council and—

(a) direct that a fresh general election shall be held imme- 20

diately 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 25 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 para- graph has been made the Governor may take the action re- 30 ferred to in clause (b) of this paragraph with regard to the administration of the area in question pending the re-constitu- tion 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 35 Regional Council, as the case may be, an opportunity of being heard by the Legislature of the State.

17. Application of the provisions of this Schedule to areas specified in Part II of the table appended to paragraph 19.— (1) The Governor of Assam may— 40 (a) subject to the previous approval of the President, by public notification, apply all or any of the foregoing provisions of this Schedule to any tribal area speci- fied in Part n of the table appended to paragraph

19 ol this Schedule or any portion of such area and thereupon such area or portion shall be administer- ed in accordance with such provisions, and

(b) may also with like approval exclude any tribal area specified in Part II of the said table or any portion 5- thereof from the said table.

(2) Until a notification is issued under sub-paragraph (1) of this paragraph in respect of any tribal area specified in Part II of the said table or any portion of such area, tue ad- ministration of such area or portion thereof, as the case may 1O be, shall be carried on by the President through the Governor of Assam as his agent and the provisions of Part VIII oi this Constitution shall apply thereto as II such area or portion thereof were a territory specified in Part IV of the First Schedule.

15-

18. Transitional provisions.—As soon as possible after the commencement~bTtEIs Constitution the Governor of Assam 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 ior an autonomous 20 district the administration of such district shall be vested in the Governor in his discretion and the following provisions shall apply to the administration of the areas within such dis- trict instead of the provisions contained in this Schedule, namely:—

2&

(a) no Act of Parliament or of the Legislature of the State shall apply to 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 30 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 such area and any regulations 35 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 appli- cable to such area. Regulations made under this clause shall be submitted forthwith to tbe President 40 and until assented to by him shall have no effect;

(c) the Governor shall exercise his functions under clausea

(a) and (b) of this paragraph in his discretion.

19. Tribal areas.—The areas specified In Parts I and II of the table below shall be the tribal areas within the State of Assam, and any reference in the said table to any district or administrative area shall be construed as a reference to that district or area as existing on the date of commencement ⁵ of this Constitution:

TABKE .

Part I

1. The JKhasi and Jaintia Hills District excluding the town of Shillong.

10 2. The Garo Hills District. 3. The Lushai Hills District. 4. The Naga Hills District. 5. The North Cachar Sub division of Cachar District. 6. The Miklr Hills portion of Nowgong and Sibsagar 15 Districts excepting the mouzas of Barpathar and Sarupathar.

Part II

1. The Sadiya and Balipara Frontier Tracts. 2. The Tirap Frontier Tract (excluding the Lakhlmpur 20 Frontier Tract).

3. The Naga Tribal Area.

SEVENTH SCHEDULE.

[Article 217.]

LIST I-Union List

*1. The defence of the territory of India and of every part thereof and generally all preparation for defence, as well as 5 all such acts as may be conducive in times of war to its successful prosecution and after its termination to effective demobilisation.

- 2. Central Intelligence Bureau.

3. Preventive detention in the territory of India ""''lor 10 reasons connected with defence, external affairs or the secu- rity of India.

#**4> tj^e raising, training, maintenance and control ot the Naval, Military and Air Forces of the Union and their employment; the strength, organisation and control of the 16 armed forces raised and employed in States for the time being specified in Fart III of the First Schedule.

5. Industries declared by Parliament by law to be neces- sary for the purpose of defence or for the prosecution of war.

6. Naval, Military and Air Force works. 20

7. Local self-government in cantonment areas, the consti- tution and powers within such areas of cantonment authori- ties, the regulation ofhouse accommodation in such areas and the delimitation of such areas.

8. Arms, firearms, ammunition and explosives. 25

9. Atomic energy and mineral resources essential to its production.

* The Committee has omitted the entry 'Requisitioning of lands for defenoe purposes inoluding training and manoeuvres' aa the matter will be covered by entry 43.

** The words 'reasons oonneoted with defenoe, external affairs or the seou- Tity of India ' have baem substituted for tho words 'reasons of State' in this entry to avoid ocmfliot with entry I of the State List rotating to preventive datention for reasons oonneotod with the maintenanoe of publio order.

*** Thia follows the entry as adopted by the Constituent Assembly, but the Chairman of the Drafting Oommitteo Btrongly feels that the second part of the entry relating to armed foroea in States in Part III of the first Sohedulo should be deleted in order to preolude "uoh States from maintaining any armed forces of their own-

10. Foreign Affairs; all matters which bring the Union into relation with any loreign country.

11. Diplomatic, consular and trade representation. 12. United Nations Organisation. 13. Participation in international conferences, associa- & tlons and other bodies and implementing of ' decisions, made thereat.

14. W ar and Peace. 15. The entering into and implementing of treaties and agreements with foreign countries. 10s

15 16. Foreign jurisdiction. 17. Trade and Commerce with foreign countries., 18. Foreign loans. 19. Citizenship, naturalisation and aliens. 20. Extradition. 21. Passports and visas. 22. Piracies, felonies and offences against the law of na- tions committed on the high seas and in the air.

23. Admission into, and emigration and expulsion fror- the territory of India.

20 24. Pilgrimages to places beyond India. 25. Port quarantine; seamen's and marine hospitals, and hospitals connected with port quarantine.

26. Import and export across customs frontiers as defined

2fr by the Government of India. 27. *Posts and telegraphs.

28. '^Telephones, wireless, broadcasting and other like forms of communication.

29. Post Office Savings Bank. 30. Airways; aircraft and air navigation; provision of 3G> aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and train- ing and regulation of such education and training provided by States and other agencies.

* For reabriotions on the power of Parliament to make Jaws with rcspeot to 'Po3ta and telegraphy in relation to States for the time being spaoifled in Part III of the Fiwt Schedule, see article 224 (a).

**For restrictions on the power of Parliament to make laws with ros- peot to 'Telephones, wireless, broadoaating and other like forms of commu- nication' in relation to States for the time being specified in Part III of the First Schedule see arfciole 224 (b).

31. National highways declared to be such by Parliament by law.

32. Shipping and navigation on inland waterways, declared by ^Parliament by law to bo national waterways, as regards mechanically propelled vessels, and the rule of the road ⁵ on such waterways; carriage of passengers and goods on such waterways.

33. Maritime shipping and navigation, including ship- ping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such 10 education and training provided by States and other agencies.

34. Admiralty jurisdiction. 35. Ports declared to be major ports by or under law made by Parliament or existing law including their delimitation, and the constitution and powers of port authorities therein. ¹⁵

36. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.

37. Carriage of passengers and goods by air or by sea.

38. Union railways; the regulation of all railways other than minor railways in respect of the safety, maximum and 20 minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regu- lation of minor railways in respect of safety and the respon- sibility of the administrations of such railways as carriers of 25 goods and passengers.

39. The institutions known on the 15th day of August, 1947, as the Imperial Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and any other Institution financed by the Government of India wholly or in 30 part and declared by Parliament by law to be an institution lif national importance.

40. The institutions known on the 15th day of August, 1947, as the Benares Hindu University and the Aligarh Mus- lim University.

35

41. The Survey of India, the Geological, Botanical and Zoological Surveys of India; Union Meteorological organi- sations.

42. Property of the Union and the revenue "therefrom, but as regards property situated in a State subject always to legis- 40 latlon by the State, save in so far as Parliament by law other- wise provides.

*43. Acquisition or requisitioning of property for the pur- poses of the Union subject to the provisions of List III with respect to regulation of the principles on which compensation is to be determined for property acquired or requisitioned ler the purposes of the Union.

5

44. Reserve Bank of India. 45. Public debt of the Union. 46. Currency, foreign exchange, coinage and legal tender. 47. Banking. 48. Cheques, bills of exchange, promissory notes and ^ other like instruments.

49. Insurance. **60. Corporations, that is to say, the incorporation, regulation and winding; up of trading corporations, includ- ing banking, insurance and financial corporations but not 15 Including co-operative societies, and of corporations, whether trading or not, with objects not confined to one State, but not including universities.

51. Patents, copyright, inventions, designs, trademarks and merchandise marks.

20

**li<52.¹ Constitution, organisation, jurisdiction and?

powers of the Supreme Court and fees taken.

53. Extension of the jurisdiction of a High Court having its principal seat in any State within the territory of India except the States for the time being specified in Part III of 25 the First Schedule to, and exclusion of the jurisdiction of any such High Court from, any area outside that State.

54. Jurisdiction and powers of all courts, other than the Supreme Court, with respect to any of the matters in this List.

*The Committee is of opinion that the priaoiple on which compensation 1B to be paid for the acquisition or the requieitioniEg of property should be the subject-matter of the Concurrent List and this entry has been revised accordingly and a new entry 35 has been inserted for the purpose in the Concurrent last.

** For restrictions on the powor of Parliament to mako laws with rewpect to 'Corporations' in relation to States for tho timo being specified in Part III of the First Schedule, nee article 224 (o).

•** The Committee is of opinion 1hat the reference to 'Federal Judioiary' should be omitted from this entry as there should not be parallel judiciaries in tho Union. Tho Comjnittoe has, however, inserted a new article 219 providing power to Parliament to establish additional courts for the better administration, of the laws mado by Parliament and existing laws with res- pect to matters in the Union List on the lines of Section 101 of the British North America Aot, 1867.

65. Census. 56. Inquiries, surveys, and statistics for the purposes of the Union.

57t Union agencies and institutes for the following pur- poses, that is to say, for research, for professional or techni- 5 cal training, or for the promotion of special studies.

58. Union Public Services and Union Public Service Com- mission.

69. Industrial disputes concerning Union employees. *6O. Ancient and Historical Monuments declared by Par- JQ

liament by law to be of national importance; archaeological sites and remains.

61. Establishment of standards of weight and measure. 62. Opium, so far as regards cultivation and manufac- ture, or sale for export.

63. Petroleum and other liquids and substances declared by Parliament by law to be dangerously inflammable, so far as regards possession, storage and transport.

64. Development of industries where development under the centrol of the Union is declared by Parliament by law to be expedient in the public interest.

^

65. Regulation of labour and safety in mines and oilfields. 66. Regulation of mines and oilfields and mineral deve- lopment to the extent to which such regulation'and develop- ment under the control of the Union is declared by Parlia- ment by law to be expedient in the public interest. 25

67. Extension of the powers and jurisdiction of members of a police force belonging to any part of a State for the time being specified in Part I or Part II of the First Schedule to any area in any other State so specified, but not so as to enable the police of one part to exercise powers and jurisdiction else- 30 where without the consent of the government of the State; extension of the powers and jurisdiction of members of a force belonging to any State to railway areas outside that State.

68. Elections to Parliament and of the President and De- '^ puty President; and Election Commission to superintend, direct and control such elections.

*The Committee is of opinion that An'ient and Historical Monument; iorlared by Parliament by law to be of national importanoo nhonlr] be men' tionert in this entry and not any arid every Ancient and Historic al M<"iu.' nont.

69. The emoluments and allowances atfd rights in respect of leave of absence of the President, the salaries and allowan- ces of the Ministers for the Union and of the Chairman and Deputy Chairman of the Council of States and of the Speaker and Deputy Speaker of the House of the People; the salaries, s allowances and privileges of the members of Parliament; the salary, allowances and the conditions of -service of the Auditor-General of India.

70. The enforcement of attendance of persons for giving evidence or producing documents before committees of Par-10 liament.

71. Migration from one State to another. 72. Inter-State quarantine. 73. Inter-State trade and commerce subject to the provi- sion of entry 33 of List II.

15

74. The devlopment of inter-State waterways for pur- Doses of flood control, irrigation, navigation and hydro-elec- tric power.

76. Fishing and fisheries beyond territorial waters. 76. Manufacture and distribution of salt by Union agen- 20 cies; regulation and control of manufacture and distribution of 'salt by other agencies.

77. Provision for dealing with grave emergencies in any part of the territory of India affecting the Union.

78. Lotteries organised by the Government of India or the 25 Government of any State.

*79. Stock Exchanges and futures market and taxes other than stamp duties on transactions therein.

80. The rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, 30 policies of Insurance, transfer of shares, debentures, proxies md receipts.

81. Duties in respect of succession to property other than agricultural land.

82. Estate duty in respect of property other than agri-35 cultural land.

83. Terminal taxes on goods or passengers, carried by railway or air; taxes on railway fares and freights.

84. Taxes on income other than agricultural income. 85. Duties of customs including export duties. 40

•This ontry has been inserted to follow tho roooramendation of the Export Committee on the Finani/al Provisions of the Constitution.

*86. Duties of excise on tobacco and other goods manufac- tured or produced in India except—

(a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs andS

narcotics; non-narcotic drugs;

but including medicinal and toilet preparations containing alcofiol, or any substance included in sub-paragraph (b) of this entry.

87. Corporation tax.

88. Taxes on the capital /alue of the assets, exclusive of 10 agricultural land, of individuals and companies; taxes on the capital of companies.

89. Offences against laws with respect to any of the mat- ters in this List.

90. Fees in respect of any of the matters in this List, but 15 not including fees taken in any court.

91. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.

List II -State List

1. Public order (but not including the use of naval, 20 military or air forces in aid of the civil power); preventive detention for reasons connected with the maintenance of public order; persons subjected to such detention.

2. The administration of justice; constitution and organi- sation of all courts, except the Supreme Court, and fees taken 25 therein.

3. Jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List; procedure in Rent and Revenue Courts. =

4. Police, including railway and village police. 30

*Tho Committee is of opinion that duties of excise "on medicinal and toilet preparations rontt-ining' alcohol or tiny substance included in sub-paragraph (b) of this ont'y should be included in 1 his entry as dutie.i leviable by tho Union, as it thinks that uniform rates of oxciso duty should bo fixod in respoet of thone goodB in all Statos for tho sako of development of the phamwoutk-al industry, The lovy of different rates in differ- ent Statos is likely to lead to a discrimination i.i favour of goods kuportod from foreign countries whi h would be detrimental to tho intorosts of Indian manufacturers as was pointed out by tho Drugs Enquiry Committoo in their roportin 1031.

5. 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.

& 6. Public debt of the State. 7. State Public Services and State Public Service Com- missions.

8. Works, lands and buildings-vested in or in the posses- sion of the State.

*9. Compulsory acquisition of land except for the purposes of the Union subject to the provisions of List III with respect to regulatio"n of the principles on which compen- sation is to be determined for property acquired or requisi- tioned for the purposes of a State.

10. Libraries, museums and other similar institutions *& controlled or financed by the State.

**11. Elections to the Legislature of the State and of the Governor of the State/for the constitution of a panel for the propose of the appointment of a Governor for the State; and Election Commission to superintend, direct and control such ^° elections.

12. The emoluments and allowances and rights with respect to leave of absence of the Governor of the State, salaries and allowances of the Ministers for the State, of the Speaker and Deputy Speaker of the Legislative Assembly, 25 and if there is a Legislative Council, of the Chairman and Deputy Chairman thereof; the salaries, allowances and privileges of the members of the Legislature of the State.

13. The enforcement of attendance of persons for giving o^ evidence or producing documents before Committees of the Legislature of the State.

14. Local Government, that is to-say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village **" administration.

15. Public health and sanitation; hospitals and dispen- saries; registration of births and deaths.

*8ee footnote to entry 43 ot Li3t 1 (UnionJLiqt).

**T-'i-i woi'cls 'for tho institution of a panel for the purpose of the appoint- ment uf a Governor for the State'will have to bo used for tho wurds 'of the Governor of the Stato'in this entrv if the senonr) alternative i? adopted in article 131.

16. Pilgrimages, other than pilgrimages to places beyond Endia.

17. Burials and burial grounds; cremations and crema- tion grounds.

18. Education including Universities other than those 5 specified in entry 40 of List I.

19. Communications, that is to say, roads, bridges, terries, and other means of communication not specified in List I; minor railways subject to the provisions of List I with respect to such railways; municipal tramways; ropeways; 10 Inland waterways and traffic thereon subject to the provisions of List I and "List III with regard to such waterways; ports, subject to the provisions in List I with regard to major ports; vehicles other than mechanically propelled vehicles.

20. Water, that is to say, water supplies, irrigation and 16 canals, drainage and embankments, water storage and water power subject to the provisions of entry 74 of List I.

21. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.

20

22. Improvement of stock and prevention of animal diseases; veterinary training and practice.

23. Pounds and the prevention of cattle trespass.

24. Land, that is to say, rights in or over land, land tenures including the relation of land-lord and tenant, and 25 the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.

30 25. Courts of Wards, encumbered and attached estates. 26. Treasure trove. 27. Forests. 28. Regulation of mines and oilfields and mineral deve- lopment subject to the provisions of List I with respect to regulation and development under the control of the Union.

29. Fisheries. 30. Protection of wild birds and wild animals. 35 31. G-as and gasworks. 32. Trade and commerce within the State; markets and fairs.

33. Regulation of trade, commerce and intercourse with other States for the purposes of the provisions of article 244 ol 40 this Constitution.

34. Money lending and money lenders; relief of agricul- tural indebtedness.

35. Inns and inn-keepers. 36. Production, supply and distribution of goods. 37. Development of industries, subject to the provisions 5 in List I with respect to the development of certain industries under the control of the "Onion.

38. Adulteration of foodstuffs and other goods. 39. Weights and measures except establishment of standards.

10

40. Intoxicating liquors and narcotic drugs, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, opium and other narcotic drugs, but subject, as respects opium, to the provisions of List I and, as respects poisons and dangerous drugs, to the 1" provisions of List III.

41. Relief 61 the poor; unemployment. 42. The incorporation, regulation, and winding up of corporations not being corporations specified in List I, or Universities; unincorporated trading, literary, scientific, *" religious and other societies and associations; co-operative societies.

43. Charities and charitable institutions, charitable and religious endowments and religious institutions.

44. Theatres, dramatic performances and cinemas, but 25 not including the sanction of cinematograph films for exhibi- tion.

45. Betting and gambling. 46. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for reve- 30 nue purposes and records of rights, and alienation of revenues. 47. The 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.

48. Duties in respect of succession to agricultural land. ^ 49. Estate duty in respect of agricultural land. 50. Taxes on passengers and goods carried on inland * waterways.

51. Taxes on agricultural income. 40

52. 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

"lsewhere in the territory of India:—

(a) alcoholic liquors for human consumption;

(b) opium, Indian hemp and other narcotic drugs and narcotics, non-narcotic drugs;

*but not including medical and toilet preparations contain- 5 ng alcohol or any substance included in sub-paragraph (b) of ;his entry.

53. Taxes on lands and buildings. 64. Taxes on mineral rights, subject to any limitations mposed by Parliament by law relating to mineral develop- 10 nent.

55. Capitation taxes. 56. Taxes on professions, trades, callings and employ- nents.

57. Taxes on animals and boats. 15 **58. Taxes on the salo, turnover or purchase of goods in-r™ sluding taxes in lieu thereof on the use or consumption within the State of .goods liable to taxes within the State on sale, iurnover or purchase; taxes on advertisements.

59. Taxes on vehicles suitable for use on roa,ds, whether 20 nechanically propelled or not, including tramcars.

60. Taxes on the consumption or sale of electricity. 61. Taxes on the entry of goods into a local area for con- lumption, use or sale therein.

62. Taxes on luxuries, including taxes on entertainments, 25 unusements, betting and gambling.

63. Tolls. 64. Inquiries and statistics for the purpose of any of the matters in this List.

65. Offences against laws with respect to any of the 30 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 HI—Concurrent List

1. Criminal Law, including all matters included in the 35 Indian Penal Code at the date of commencement of this Con- stitution, but excluding offences against laws with respect to

* See footnote to entry 8fi of List I (Union List). ** This ontry has boen revised to follow tho rooomnomlation of the Expert Committee on the "Financial Provisions of tho Constitution.

any of the matters specified in List I or List II and excluding the use of the naval, military and air. forces in aid of the civil power.

2. Oriminal Procedure, including all matters included in g the Code of Criminal Procedure at the date of commencement of this Constitution.

3. Removal of prisoners and accused persons from one State to another State.

4. Civil Procedure, including the law of Limitation and -

15 all matters included in the Code of Civil Procedure at the ¹U date of commencement of this Constitution; the recovery in a State for the time being specified in Part I or Part II of the First Schedule of claims in respect of taxes and other public demands including arrears of land revenue and sums r*"c ver- able as such, arising outside that State.

5. Evidence and oaths; recognition of laws, public acts and records and judicial proceedings.

6. Marriage and divorce; infants and minors; adoption. *7. Wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial 20 proceedings w(ire~ immediately before the commencement of this Constitution subject to their personal law.

8. Transfer of property other than agricultural land;

registration of deeds and documents.

25 9. Trusts and Trustees. 10. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not in- cluding contracts relating to agricultural land.

11. Arbitration. 12. Bankruptcy and insolvency. 30 13. Administrators-general and official trustees. 14. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.

15. Actionable wrongs, save in so far as included in laws 36 with respect to any of the matters specified in List II.

16. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.

* Tho Committoi is of opinion that if there is to bo a uniform poraonal lawf o. g., for Hindus throughout India, all the matters inoludod thorein at pregmit should 1™ put into tho Concurrent List. Henoe tho enlargomont of Ilia entry.

17. Legal, medical and other professions. 18. Newspapers, books and printing presses. 19. Lunacy and mental deficiency, including; places for the reception or treatment of lunatics and mental deficients.

5

^ 20. Poisons and dangerous drugs. 21. Mechanically propelled vehicles. 22. Boilers. 23. Prevention of cruelty to animals. 24. Vagrancy; nomadic and migratory tribes. 25. Factories. 26. Welfare of labour; conditions of labour; provident funds; employers' liability and workmen's compensation; health insurance, including invalidity pensions; old age pensions.

27. Unemployment and social insurance. ^ 28. Trade Union; industrial and labour disputes. 29. The prevention of the extension from one State to an- other of infectious or contagious diseases or pests affecting men, animals or plants.

20 30. Electricity. 31. 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. 25 32. The sanctioning of cinematograph films for exhibition. 33. Persons subjected to preventive detention under the authority of the Union.

34. Economic and social planning. •35. The principles on which compensation is to b e³⁰ determined for property acquired or requisitioned for the pur- poses of the Union or a State.

36. Inquiries and. statistics for the purpose of any of the matters in this List.

37. Fees in respect of any of the matters in this List, but ³S aot including fees taken in any court.

* Si"e fo itnoto lo entry 43 of List I (Union List).

EiaHTH SCHEDULE

[Article £03 (I) (x)]

SCHEDULED TRIBES

Part I MADRAS 6

1. Bagata 2. Bhottadas - - Bodo Bhottada, Muria Bhottada

and Sano Bhottada.

3. Bhumias 4. Bissoy

— Bhuri Bhumia and Bodo Bhumia. - Barangi Jodia, Bennangi Daduva, 10

Frangi, Hollar, Jhoriya, Kollai, Konde, Paranga, Penga Jodia, Sodo Jodia and Takora.

5. Dhakkada. 6. Dombs - - Andhiya Dombs, Audiniya Dombs, 16

Chonel Dombs, Christian Dombs, Mirgani Dombs, Oriya Dombs, Fonaka Bombs, Telega and Urnmia.

- Boda Gadaba, Cerllam Gadaba, ²^> 7. Gadabas

8. Ghasis . - 9. Gondi .

10. Goudus

Franji Gadaba, Jodia Gadaba, Olaro Gadaba, Pangi Gadaba and Paranga Gadaba. - Boda Ghasis and San Ghasis. - Modya Gorid and Eajo Gond. * 25 - Bato, Bhiiithya, Dudhokouria,

Hato, Jatako and Joria.

11. Kosalya Goudus Bosothoriya Goudus, Chitti Goudus, Dangayath Goudus, Doddu Kamariya, Dudu 30 Kamaro, Ladiya Goudus and Pullosoriya Goudus.

12. Magatha Goudus Bernia Goudu, Boodo Magatha. Dongayath Goudu, Ladya Goudu, Ponna' Magatha and 35 Sana Magatha.

13. Seerithi Goudus 14. Holva. 15. Jadapus. 16. Jatapus.

40

Kommaro and Lohara.

5 17. Karomaras. 18. Khattfs-Khatti, 19. Kodu. '20. Kornmar. 21. Konda Dhoras. 22. Konda Kapus. 23. Kondareddis. 24. Kondhs —

10

Desaya Kondhs. Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs andYenity Kondhs.

25. Kotia — Bartika, Bentho Oriya, Dhulia or Dulia, Holva Paiko, Putiya, Sanronaand Sldho Paiko.

26. Eoya or Goud Raja of Rasha Koyas, Lingaanan with its subsects,— Koyas, (ordinary) and Kottu 15

Koyas.

Korchia Malis, Paiko MaliB^and £7 Madigas 28. Malas or Agency Malas or Valmikiesj 29. Malis —

Pedda Malis.

20

25

Komsalies.

30. Maune. 31. Manna Dhora. 32. Mukha Dhora.—Nooka Dhora. 33. Muli or Muliya. 34. Muria. 35. Ojulus or Metta 36. Omanaito. 37. Paigarapu.

30 38. Palasi. 89. Paffi. 40. Pentias, 41. Porjas . — Bodo, Bonda, Daruva, Didua, Jodia, Mundili, Pengn, Pydi and SaJiya,

35 40. Eeddi Dhoras.

43. Belli or Sachandi.

44. Ronas.

45. Savaras. — Kapu Savaras, Khuito Savaras

and Maliya Savaras.

46. The residents o£ the Laccadive, Miniooy and Amin-

divi Islands.

Part II

BOMBAY

5

10

15 1. Barda. 2. Bavacha. 3. Bhil. 4. Chodhra. 5. Dhanka. 6. Dhodia. 7. Dubla. 8. Gamit, or G-amta. 9. Q-ond. 10. Kathodi, or Katkari. 11. Konkna. 12. Koli Mahadeb. 13. Mavchi. 14. Naikda, or Nayak. 15. Pardhi, Including Advichincher or Phanse Pardhi.

20

25 16. Patella. 17. Pomla. 18. Powara. 10. Rathawa. 20. Tadvi Bhill. 21. Thakur. 22. Valvai. 23. Varli. 24. Vasava.

P a rt III

WEST BENGAL 30

1. Botia. 2. Chakma.

8. Kuki. 4. Lepcha. 5. Munda. tf. Magh. 7. Mro. 8. Oraon. 0. Santal. 10. Tippera. 11. Any other tribe notified by the

Government of West Bengal. 10

Part IV

THE UNITED PROVINCES

15 1. Bhuinya. 2. Baiswar. 3. Baiga. 4. Gond. 5. Khar war. 6. Kol. 7. Ojha. 8. Any other tribe notified by the

20 Government of the United Provinces.

Part V

EAST PUNJAB

The Tibetans in Spiti and Lahaul in the Kangra District.

P a rt VI 26

J I H AR

the State of Bihar belonging to any of the I. A resident of following tribes:— Asur. Banjara.

1. 2.

30

5 3. Eathudi. 4. Bentkar. 5. Binjhia. 6. Birhor. 7. Birjia. 8. Chero. 9. OhikBarallE.

10

15

20

25

30 10. Gadaba. 11. Q-hatwar. 12. Gond. 13. Gtorait. 14. Ho. 15. Juang. 16. Karmali. 17. Kharia. 18. Khar war. 19. Khetauri. 20. Khoud. 21. Kisan. 22. Koli. 23. Kora. 24. Korwa. 25. Mahli. 26. Mai Paharia. 27. Munda. 28. Oraon. 29. Parhiya. 30. Santal. 31. Sauria Paharia. 32. Savar. 33. Tharu.

II. A resident in any of the following districts or police stations, that is to say, the districts of Ranchi, Singhbhum, Hazaribagh and the Santal Farganas, and the police stations of Arsha, Balarampur, Jhalda, Jaipur Baghmundi, Ohan- 35 dil, Ichagarh, Barahabhum, Patamda Banduan and Manbazar

6

10 In the district of Manbhum, belonging to any of the follow- ing tribes:— 1. Bauii. 2. Bhogta. 3. Bhuiya. 4. BhumiJ. 5. Ghasi. 6. Pan. 7. Rajwar. 8. Turi. III. A resident in the Dhanbad sub-division or in any of the following police stations in the Manbhum District, that is to say, Purulia, Hura, Pancha, Raghunathpur, Santuri, Nitu- ria, Para, Chas, Chandankiari and Kashipur, belonging to 1K the Bhumil tribe.

Part VII

THE CENTRAL PROVINCES

20

f it

25 1. Gond. 2. Kawar. 3. Maria. 4. Muria. 5. Halba. 6. Pardhan. 7. Oraon. 8. Binjhwar. 9. Andh.

30

35 10. Bharia-Bhumia. 11. Koli. 12. Bhattra. 13. Baiga. 14. Kolam. 15. Bhil. 16. Bhuinhar. 17. Dhanwar. 18. Bhaina. 19. Parja. 20. Kamar.

21. 22. 23. 24. 26. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.

Bhunjia. Nagarchi. Ojha. Korku. Kol. Nagasia. Sawara. Korwa. Majhwar. Kharia. Saunta. Kondh. Nihal. Birhul (or Birhor). Rautia. Pando.

Part VIII ASSAM.

20- Le following tribes and communities:— , Kachari. . Boro or Boro-Kachari.

Rabha.

, Miri.

25 Lalung. Mikir. Q-aro. Hajonfi. Deori. . Abor.

30 Mishmi. Dafla. Singpho. Khampti. Any Naga or Kuki tribe. Any other tribe or community notified by the Govern- 3^, >f Assam.

Tt 1 2 3. 4, 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ment c

Part IX ORISSA.

I. A resident oi the State of Orissa belonging to any of tha

M

5

10 following tribes:— Bagata. Banjari. Chenchu. Gadaba. Oond. Jatapu. Khond (Kond). Konda-Dora. Koya. Paroja.

15 2. 3. 4; 5. 6. 7. 8. 0. 10. 11, 12,

20 13 14 15 16 17 18 19 20

, Saora (Savar). , Oraon. . Santal. . Kharia. . Munda. . Banjara. . Binjhia. . Kisan. . Koll. . Kora.

OK II. A resident oi any of tne louowing areas, tnat is to say, tbe Koraput and Khondmals Districts and the Ganjam Agency belonging to either of the following tribes:—

1. Dom or Dombo. 2. Fan or Pano.

III. A resident of the Sambalpur District belonging to any 30 of the following, tribes:—

35 1. 2. 3. 4. 5. 6.

Baurl. Bhuiya. Bhumij. Gthasi. Turi. Pan or Pano.

APPENDIX

Se-par&te nates submitted to the Constituent Assembly by Shri

Alladi Krishnaswami Ayyar, Member, Drafting Committee

While I may point out that there is no difference in principle between my colleagues and myself either in regard to the distribution of legislative power between the Parliament and the Units or in regard to the 'Union Parliament assuming power over a subject in the Provincial (State) List when it assumes or becomes of national importance, I should li^e- to submit the following separate note for the consideration of the Constituent Assembly in regard to the articles bearing on the- above matters, i.e., Articles 217, 223(1) and 226.

Distribution of Legislative Powers.—Articles 217 and 223(1)

2. The question as to the distribution of legislative power has been decided by the Constituent Assembly and it is sottled that the residuary power should vest in the Centre. The only question, therefore, is how to frame the articles so as to carry out this idea. My colleagues have decided to follow the scheme in Section 100 of the Government of India Act and to have a separate article for the residuary power as also to nav& it as an item in the list of subjects allotted to the Union. The point of my plan is that inasmuch as it is agreed that the residuary power is to vest in the Centre (Union Parliament), the various enumerated items in the Union list &re merely illustrative of the general residuary power vested in the Centre. The proper plan, therefore, is to define the powers of the States or Provincial Units in the first instance, then deal with the concurrent power and lastly deal with the power of the Centre or the Union Parliament while at the same time making out a comprehensive list of the powers vested in the Centre by way of illustration to the general power. The plan adopted in Section 100 of the Government of India Act was to some extent accounted for by the fact that there was no agreement then among political parties as regards the location of resi- duary power and it was left for the Governor-General to- decide by which Legislature the residuary power was to bo exercised in any particular place in cases not covered by any of the Lists. There is no such problem facing us now. A canvassing of the meaning and import of individual items in the Central list has become of much less importance now than under the provisions of the Government of India Act.

The repetition of "notwithstanding" in every claure of Section 100 has been the subject of prolonged and unnecessary arguments in courts.

Part I II coming into the scheme of the Union as according to the draft Constitution the scheme of distribution is subject to agreement between the States and that is provided for by articles*224 and 225.

Further, in the articles as framed there is no provision to- the effect that the power of legislation carries with it the power to make any provisions essential to the effective exercise of the legislative authority. Some such provisions occur in the Australian and American Constitutions, vide Section 51 of the Australian Constitution and Article I, Section 8, Sub-section 18 of the American Constitution.

I would, therefore, suggest for the consideration of the Constituent Assembly the following article as a substitute for Articles 217 and 223(1) in the draft.

"(1) The Legislature of the States in Part I, Schedule I, shall have exclusive power to make laws for the State or for any part thereof in relation to matters falling with the classes nf subjects specified in List I (corresponding to Provincial Legislative List).

"(2) The Legislature of any of the States in Part I, Schedule I, shall in addition to the powers under Clause (1) have power to make laws for the State of any part thereof in relation to matters falling within the classes of subjects specified in List II, provided, however, that the Union Parlia- ment shall also have power to make laws in relation to the same matters within the entire area of the Union or any parfi 'hereof, and an Act of the legislature of the State shall have affect in and for the State as long as and as far only as it is not repugnant to any Act of the Union Parliament.

"(3) In addition to the powers conferred by the previous sub-section, the Union Parliament may make_ laws for the peace, order and good government of the Union or any part thereof in relation to all matters not falling within the classes of subjects enumerated in List I and in particular and witnout prejudice to the generality of the foregoing, the Union Parlia- ment shall have exclusive power to make laws m relation to all matters falling within the classes of subjects enumerated in List III.

"(4) (a) The Union Parliament shall have power to make- laws for the peace, order and good government of the States lit Part II, Schedule I.

(b) Subject to the general powers of Parliaments .fl&aeB Sub-section (a), the Legislature of the States in P a r O i; Schedule I, shall have the power to make laws in', r matters coming within the following classes of sub'i

Provided, however, that any law passed by that Un*ti"ha4i have effect in and for that Unit so long and atf far only as it is not repugnant to any law of the Uaion Parliament.

(This provision is necessary, if the recommendations of the ad hoc Committee on Chief Commissioners' Pro- vinces in this regard are accepted.)

"(5) The power to legislate either of the Union Parlia- ment or the Legislature of any State shall extend to aJl matters essential to the effective exercise of the legislative authority vested in the particular legislature.

"(6) Where a law of a State is inconsistent with a law of the Union Parliament or to any existing law with respect to any of the matters enumerated in list I or (List II), the law of the Parliament or as the case may be the existing law shall prevail and the law of the State shall to the extent to repugnancy be void."

(This follows the Australian and American provisions. Without embarking upon an examination of each section and each clause, a court may easily come to thej conclusion that an Act taken as a whole is repugnant to another law).

If it is felt necessary, special provision may be inserted in regard to laws in respect of matters in the Concurrent List o the lines of Article 231(2) though I think such a provision ma not be necessary in view of the overriding power of the Centra Legislature.

Articles 226 and 228

3. I accept the principle underlying article 226 that if any subject in the Provincial List assumes national importance or becomes one of national interest in the language of the article, it ought to be possible for the Union to encroach (if one may use that expression) upon the Provincial field and take to itself the power to legislate on any subject in the Provincial List. But the very basis of the assumption of that power is that the subject can no longer be regarded as one merely of importance for the particular State but has assumed national dimensions.