Subject NOT available

Part XI.—Relations between the Union and the States.—Arts. 262-263.

Disputes relating to Waters

262. (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

Adjudica- tion of disputes relating to waters of inter-State rivers or river valleys (2) Notwithstanding anything in this Constitu- tion, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or com- plaint as is referred to in clause (1).

Co-ordination between States

263. If at any time it appears to the President that the public interests would be served by the establish- ment of a Council charged with the duty of—

Provisions with res- pect to an Inter-State Council.

(a) inquiring into and advising upon disputes

which may have arisen between States;

(6) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or

(c) making recommendations upon any such subject and, in particular, recommenda- tions for the better co-ordination of policy and action with respect to that subject,

it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.

PART XII

FINANCE, PROPERTY, CONTRACTS AND

SUITS

CHAPTER I.—FINANCE

General

Interpre- tation. 264. In this Part, unless the context otherwise requires,—

(a) "Finance Commission" means a Finance Commission constituted under article 280; (b) "State" does not include a State specified in

Part C of the First Schedule;

(c) references to States specified in Part C of the First Schedule shall include references to any territory specified in Part D of the First Schedule and any other territory comprised within the territory of India but not specified in that Schedule.

265. No tax shall be levied or collected except by authority of law.

' Taxes not to be im- posed save by autho- rity of law. Consoli- dated Funds and public ac- counts of India and o* the .States.

266. (1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net pro- ceeds of certain taxes and duties to States, all reve- nues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be en- titled "the Consolidated Fund of India", and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in re- payment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of the State".

(2) All other public moneys received by or on be- half of the Government of India or the Government of a State shall be credited to the public account of

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 266-268.

India or the public account of the State, as the case may be.

(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.

Contin- gency Fund.

267. (1) Parliament may by law establish a Con- tingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expen- diture pending authorisation of such expenditure by Parliament by law under article 115 or article 116.

(2) The Legislature of a State may by law estab- lish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor or Rajpramukh of the State to enable ad- vances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206.

Distribution of Revenues between the Union and

the States

268. (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 collect- ed and ap- propriated by the States.

(a) in the case where such duties are leviable within any State specified in Part C of the First Schedule, by the Goven ruent of India, and

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 268-269.

(b) in other cases, by the States within which

such duties arc respectively leviable.

(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the ConroM'iicd Fund of India, but shall be assigned to that State.

269. (1) The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in the manner pro- vided in clause (2), namely: —

Taxes levied and •collected by the Union but assigned to the States.

(a) duties in respect of succession to property

other than agricultural land;

(b) estate duty in respect of property other than

agricultural land;

(c) terminal taxes on goods or passengers car-

ried by railway, sea or air;

(d) taxes on railway fares and freights;

(e) taxes other than stamp duties on transac- tions in stock-exchanges and futures markets;

(/) taxes on the sale or purchase of newspapers and on advertisements published therein.

(2) The net proceeds in any financial year of any such duty or tax, except in so far as those pro- ceeds represent proceeds attributable to States specified in Part C of the First Schedule, shall not form part of the Consolidated Fund of 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 accordance with such principles of distribution as may be formula- ted by Parliament by law.

Part XII.—Finance, Property,. Contracts and Suits.—

Art. 270.

270. (1) Taxes on income other than agricultural income shall be levied and collected by the Gov- ernment of India and distributed between the Union and the States in the manner provided in clause (2).

Taxes levied and collected by the Union and distributed between the Union and the States.

(2) Such percentage, as may be prescribed, of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent pro- ceeds attributable to States specified in Part C of the First Schedule or to taxes payable in respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and from such time as may be pres- cribed.

(3) For the purposes of clause (2), in each finan- cial year such percentage as may be prescribed of so much of Lhe 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 States specified in Part C of the First Schedule.

(4) In this article—

(a) "taxes on income" does not include a corpo-

ration tax;

(b) "prescribed" means—

(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- dent by order after considering the recommendations of the Finance Com- mission;

(a) "Union emoluments" includes all emolu- ments and pensions payable out of the Consolidated Fund of India in respect of which income-tax is chargeable.

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 271-274.

Surcharge on certain duties and taxes for purposes of the Union.

271. Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.

Taxes which are levied and collected by the Union and may be distributed between the Union and the States.

272. Union duties of excise other than such duties- of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Par- liament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net pro- ceeds of that duty, and those sums shall be distribu- ted among those States in accordance with such principles of distribution as may be formulated by such law.

Grants in lieu of export duty on jute and jute products.

273. (1) There shall be charged on the Consoli- dated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed.

(2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products conti- nues to be levied by the Government of India or until the expiration of ten years from the commence- ment of this Constitution, whichever is earlier.

(3) In this article, the expression "prescribed"

has the same meaning as in article 270.

274. (1) No Bill or amendment which imposes or varies any tax or duty in which States are interest- ed, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes Prior recom- mendation of Presi- dent required to Bills affecting taxation in which States are interested.

T&& G J S ^ B T ^E OP INDIA EXTltAOEDINARl, tfOV. "M, ISM <'SftfiTHE CONSTITUTION OF INDIA 129 Part XII.—Finance, Property, Contracts and Suits.—• Arts. 274-275.

any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.

(2) In this article, the expression "tax or duty in

which States are interested' means—•

(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or

(6) a tax or duty by reference to the net pro-

ceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.

273. (1) Such sums as Parliament may by law Grants from the Union to certain States.

provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the reve- nues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States:

Provided that there shall be paid out of the Con-

solidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State:

Provided further that there shall be paid out of

the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to—

(a) the average excess of expenditure over the revenues during the two years immedi- ately preceding the commencement of

Part XII.—Finance, Property, Contracts and Suits.—

Ads. 275-276.

this Constitution in respect of the admin- istration of the tribal areas specified in Part A of the table appended to para- graph 20 of the Sixth Schedule; and

(h) the costs or such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that State.

(2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament:

Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.

Taxes ou profes- sions, trades, callings and employ- ments.

276. (1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, dis- trict board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.

(2) The total amount payable in respect of any one person to the State or to any one municipality, distnct board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed two hun- dred 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 the case of any State or any such municipality, board or authority a tax on pro- fessions, trades, callings or employments the rate, or the maximum rate, of which exceeded two

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 276-278.

hundred and fifty rupees per annum, such tax may continue to be levied until provision to the contrary is made by Parliament by law, and any law so made by Parliament 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 make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.

Savings.

277. Any taxes, duties, cesses or fees which, imme- diately before the commencement of this Constitu- tion, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, not- withstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.

278. (1) Notwithstanding anything in this Consti- tution, the Government of India may, subject to the provisions of clause (2), enter into an agreement with the Government of a State specified in Part B of the First Schedule with respect to—

Agreement with States in Part B of the First Schedule with regard to certain financial matters.

(a) the levy and collection of any tax or duty leviable by the Government of India in such State and for the distribution of the proceeds thereof otherwise than in accord- ance with the provisions of this Chapter;

(b) the grant of any financial assistance by the Government of India to such State in consequence of the loss of any revenue which that State used to derive from any

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 278-279.

tax or duty leviable under this Constitu- tion by the Government of India or from any other sources;

(c) the contribution by such State in respect of any payment made by the Government of India under clause (T) ot article 291,

and, when an agreement is so entered into, the pro- visions of this Chapter shall in relation to such State have effect subject to the terms of such agree- ment.

(2) An agreement entered into under clause (1) shall continue in force for a period not exceeding ten years from the commencement of this Consti- tution :

Provided that the President may at any time after the expiration of five years from such com- mencement terminate or modify any such agree- ment if after consideration of the report of the Finance Commission he thinks it necessary to do so.

< Calculation

of "net proceeds",

•etc.

279. (1) In the foregoing provisions of this Chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.

(2) Subject as aforesaid, and to any other ex- press provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.

Part XJI.—Finance, Property, Contracts and Suits.— Arts. 280-281.

Finance Commis- sion.

280. (1) The President shall, within two years from the commencement of this Constitution and there- after at the expiration of every firth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.

(2) Parliament may by law determine the qualifi- cations which shall be requisite tor appointment as members of the Commission and the manner in which they shall be selected.

(3) It shall be the duty of the Commission to

make recommendations to the President as to—

(a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the alloca- tion between the States of the respective shares of such proceeds;

(b) the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;

(c) the continuance or modification of the terms of any agreement entered into by the Gov- ernment of India with the Government of any State specified in Part B of the First Schedule under clause (T) of article 278 or under article 306; and

(d) any other matter referred to the Commis- sion by the President in the interests of sound finance.

(4) The Commission shall determine their proce- dure and shall have such powers in the perform- ance of their functions as Parliament may by law confer on them.

Recom- mendations of the Finance Commis- sion.

281. The President shall cause every recommenda- tion made by the Finance Commission under the provisions of this Constitution together with an ex- planatory memorandum as to the action taken thereon to be laid before each House of Parliament.

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 282-284.

Miscellaneous Financial Provisions

282. The Union or a State may make any grants for any public purpose, notwithstanding that the pur- pose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.

Expendi- ture defray- able by the Union or a State out of its revenues.

Custody, etc., of Consoli- dated Funds, Contin- gency Funds and moneys credited to the public accounts.

283. (1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the pay- ment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their pay- ment into the public account of India and the with- drawal of moneys from such account and all other matters connected with or ancillary to matters afore- said shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.

(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the pay- ment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor or Rajpramukh of the State.

284. All moneys received by or deposited with—

Custody of suitors' deposits and other moneys received by public servants and courts.

(a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Govern- ment of the State, as the case may be, or

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 284-286.

(6) any court within the territory of India to the credit of any cause, matter, account or persons,

shall be paid into the public account of India or the public account of the State, as the case may be.

285. (1) The property of the Union shall, save in so Exemption of property of the Union from State taxation.

far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.

(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.

286. (1) No law of a State shall impose, or autho- rise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place—

(a) outside the State; or

Restric- tions as to Imposition of tax on the sale or purchase of goods.

(b) in the course of the import of the goods into, or export of the goods out of, the territory of India.

Explanation.—For the purposes of sub-clause (a), a sale or purchase shall be deemed to have taken place in the State in which the goods have actually been delivered as a direct result of such sale or pur- chase for the purpose of consumption in that State, notwithstanding the fact that under the general law relating to sale of goods the property in the goods has by reason of such sale or purchase passed in another State.

(2) Except 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 sale or pur- chase of any goods where such sale or purchase takes place in the course of inter-State trade or commerce:

Part XII.—Finance, Property, Contracts and Suits.— Arts. 286-287.

Provided that the President may by order direct that any tax on the sale or purchase of goods which was being lawfully levied by the Government of any State immediately before the commencement of this Constitution shall, notwithstanding that the imposition of such tax is contrary to the provisions of this clause, continue to be levied until the thirty- first day of March, 1951.

(3) No law made by the Legislature of a State imposing, or authorising the imposition of, a tax on the sale or purchase of any such goods as have been declared by Parliament by law to be essential for the life of the community shall have effect unless it has been reserved for the consideration of the Pre- sident and has received his assent.

•Exemption irom taxes on electri- city.

287. Save in so far as Parliament may by law other- wise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consump- tion or sale of electricity (whether produced by a Government or other persons) which is—

(a) consumed by the Government of India, or sold to the Government of India for con- sumption by that Government; or

(b) consumed in the construction, maintenance or operation of any railway by the Gov- ernment of India or a railway company operating that railway, or sold to that Government or any such railway com- pany for consumption in the construc- tion, maintenance or operation of any railway,

and any such law imposing, or authorising the im- position of, a tax on the sale of electricity shall secure that the price of electricity sold to the Gov- ernment of India for consumption by that Govern- ment, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.

Part XII.—Finance, Property, Contracts and Suits.—• Arts. 288-289.

Exemption from taxa- tion by States in respect of water or electricity in certain cases.

288. (1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Con- stitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.

Explanation.—The expression "law of a State in force" in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwith- standing that it or parts of it may not be then in operation either at all or in particular areas.

(2) The Legislature of a State may by law im-

pose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, re- ceived his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.

289. (1) The property and income of a State shall

be exempt from Union taxation.

Exemption of property and income* of a State from Uniomi taxation.

(2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.

(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be inci- dental to the ordinary functions of government.

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 290-291.

Adjust- ment in respect of certain expenses and pen- sions.

290. Where under the provisions of this Constitu- tion the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before [he commencement of this Consti- tution under the Crown in India or after such com- mencement in connection with the affairs of the Union or of a State, are charged on the Consolidat- ed Fund of India or the Consolidated Fund of a State, then, if—

(a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or

(6) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State,

there shall be charged on and paid out of the Conso- lidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.

Privy purse Bums of Kulers.

291. (1) Where under any covenant or agreement entered into by the Ruler of any Indian State before the commencement of this Constitution, the payment of any sums, free of tax, has been guaranteed or assured by the Government of the Dominion of India to any Ruler of such State as privy purse—

(a) such sums shall be charged on, and paid out of, the Consolidated Fund of India; and

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 291-293.

(6) the sums so paid Lo any Ruler shall be

exempt from all taxes on income.

(2) Where the territories of any such Indian State as aforesaid are comprised within a State specified in Part A or Part B of the First Schedule, there shall be charged on, and paid out of, the Consoli- dated Fund of that State such contribution, if any, in respect of the payments made by the Govern- ment of India under clause (1) and for such period as may, subject to any agreement entered into in that behalf under clause (1) of article 278, be deter- mined by order of the President.

CHAPTER II.—BORROWING

Borrowing by the Gov- ernment of India.

292. The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as mav be so fixed.

Borrowing

by States.

293. (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.

(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 arc not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.

(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or

Part XII.—-Finance, Property, Contracts and Suits.—

Arts. 293-295.

by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.

(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.

CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294. As from the commencement of this Constitu-

tion—

Succes- sion to property, assets, rights, liabilities and obli- gations in certain cases.

(a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Gov- ernment of each Governor's Province shall vest respectively in the Union and the corresponding State, and

(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor's Province, whether arising out of any contract or otherwise, shall be the rights,, liabilities and obligations respectively of the Government of India and the Govern- ment of each corresponding State,

subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.

295. (1) As from the commencement of this

Constitution—

Succession to proper- ty, asseta, rights, liabilities and obliga- tions in other cases.

(a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 295-296.

shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and

(fy all rights, liabilities and obligations of the Government of any Indian State corres- ponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabi- lities or obligations were incurred before such commeocemeni will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List,

subject to any agreement entered into in that behalf by the Government of Tndia with the Government of -that State.

(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).

Property accruing by escheat or lapse or as bona vacantia. 296, Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:

Provided that any property which at the date when it would have so accrued to His Majesty or to

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 296-200.

the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the pur- poses for which it was ther\ used or held were pur- poses of the Union or of a State, vest in the Union or in that State.

Explanation.—In this article, the expressions "Ruler" and "Indian State" have the same meanings as in article 363.

297. All lands, minerals and other things of value underlying the ocean within the territorial waters of India shall vest in the Union and be held for the pur- poses of the Union.

Things ol value lying within territorial waters to vest in the Union.

Power to acquire property.

298. (1) The executive power of the Union and of each State shall extend, subject to any law made by 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 of pro- perty for those purposes respectively, and to the making of contracts.

(2) All property acquired for the purposes of the Union or ol a State shall vest in the Union or in such State, as the case may be.

Contracts. 299. (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor or the Rajpramukh of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Gover- nor or the Rajpramukh by such persons and in such manner as he may direct or authorise.

(2) Neither the President nor the Governor nor the Rajpramukh shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the government of India

Part XII.—Finance, Property, Contracts and Suits.—

Arts. 299-3004

heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect there- of.

Suits and proceed- ings.

300. (1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provi- sions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.

(2) If at the commencement of this Constitution—

(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be sub- stituted for the Dominion in those pro- ceedings; and

(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.

PART XIII

TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301. Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.

Freedom of trade, commerce and inter- course.

302. Parliament may by law impose such restric- tions on the freedom of trade, commerce or inter- course between one State and another or within any part of the territory of India as may be required in the public interest.

Power of Parliament to impose restrictions on trade, commerce aad inter- course.

Restric- tions on the legislative powers of the Union and of the States with regard to trade and commerce.

303. (i) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or autho- rising the giving of, any preference tt one State over another, or making, or authc ising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and com- merce in any of the Lists in the Seventh Schedule.

(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.

304. Notwithstanding anything in article 301 or

article 303, the Legislature of a State may by law—

Restric- tions on trade, com- merce and intercourse among States.

(a) impose on goods imported from other States any tax to which similar goods manufac- tured or produced in that State are subject, so, however, as not to discrimi- nate between goods so imported and goods so manufactured or produced; and

(b) impose such reasonable restrictions on the freedom of trade, commerce or inter- course with or within that State as may be required in the public interest:

TBfe GAZETTE OF INDIA EXTJtAOBDINAKY, NOV. 28, 1949 249JTHE CONS1ITUTION OF INDIA 145

Part XIII.—Trade, Commerce and Intercourse within

the Territory of India.—Arts. 304-307.

Provided that no Bill or amendment for the pur- poses of clause (6) shall be introduced or moved in ,the Legislature of a State without the previous sanction of the President.

305. Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise provide.

Effect of articles 301 and 303 on existing laws.

Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.

306. Notwithstanding anything in the foregoing provisions of this Part or in any other provisions of (this Constitution, any State specified in Part B of the First Schedule which before the commencement of this Constitution was levying any tax or duty on the import of goods into the State from other States or on the export of goods from the State to other States may, if an agreement in that behalf has been entered into between the Government of India and [the Government of that State, continue to levy and collect such tax or duty subject to the terms of such agreement and for such period not exceeding ten years from the commencement of this Constitu- tion as may be specified in the agreement:

Provided that the President may at any time after the expiration of five years from such commen- cement terminate or modify any such agreement if, after consideration of the report of the Finance Com- mission constituted under article 280, he thinks it necessary to do so.

307, Parliament may by law appoint such autho- rity as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.

Appoint- ment of authority for carry- ing out the purposes of articles 301 to 304.

PART XIV

SERVICES UNDER THE UNION AND THE STATES

CHAPTER I.—SERVICES

Interpre-

tation. 308. In this Part, unless the context otherwise re- quires, the expression "State" means a State speci- fied in Part A or Part B of the First Schedule.

309. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connec- tion with the affairs of the Union or of any State:

Recruit- ment and conditions of service of persons serving the Union or a State.

Provided that it shall be competent for the Pre- sident or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor or Rajpramukh of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruit- ment, and the conditions of service of persons ap- pointed, to such services and posts until provision in that behalf is made by or under an Act of the- appropriate Legislature under this article, and any, rules so made shall have effect subject to the provi- sions of any such Act.

Tenure of office of persons serving the Union or a State.

310. (i) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor or, as the case may be, the Rajpramukh of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor or Rajpramukh of the State, any

TJFTTC GAZETTE OF INDIA EXTEAORDINAEY, NOV. 26, 1949 249$THE CONSTITUTION OF INDIA 147 Part XIV.—Services under the Union and the States.—Arts. 310-311.

contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor or the Kajpramukh, as the case may be, deems it necessary in order to secure the services of a person having special quali- fications, provide for the payment to him of com- pensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

311. (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

Dismissal,

removal or

reduction

in rank ol

persons

employed

in civil

capacities

under the

Union or

a State.

(2) No such person as aforesaid shall be dis- missed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that this clause shall not apply—

(a) where a person is dismissed or removed or reduced in rank on the ground of con- duct which has led to his conviction on a criminal charge;

(&) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or

(c) where the President or Governor or Rajpra- mukh, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to give to that person such an opportunity.

Part XIV.—Services under the Union and the States.—Arts. 311-314.

(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under clause (2),, the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.

All-India services.

312. (1) Notwithstanding anything in Part XI, if the Council of States has declared by resolution supported by not less than two-thirds of the mem- bers present and voting that it is necessary or expe- dient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.

(2) The; services known at the commencement of this Consti nation as the Indian Administrative Ser- vice and the Indian Police Service shall be deemed to be services created by Parliament UIIU'.T this article.

Transi- tional provisions.

313. Until other provision is made in this behalf under this Constitution, all the laws in force imme- diately before the commencement of this Constitu- tion and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.

Provision for protec- tion of existing officers of certain eer vices.

314. Except as otherwise expressly provided by this Constitution, every person who having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India continues on and after the commencement of this Constitution to serve under the Government of India or of a State shall be entitled to receive from the Government of India and the Government of the State, which he is from time to time serving, the same conditions of service as respects remuneration.

Part XIV.—Services under the Union and the States.—Arts. 314-316.

leave and pension, and the same riff'- as aspects disciplinary matters or rights as similar thereto as changed circumstances may permit as that person was entitled to immediately before such coiiinence- ment.

CHAPTER II.—PUBLIC SERVICE COMMISSIONS

315. (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Sei\icc Corniruss^n for each State.

Public Service Commis- sions for tne Union and for the States.

(2) Two or more States may agree that there shall be one Public Service Commission [or that group of States, and if a resolution to thai effort is passed by the House or, where Lhere °re two Houses, by each House of the Legislature ci c\cu cf thos° States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the pur- poses of the law.

(4) The Public Service Commission for the Union, if requested so to do by the Governor or Rajpra- mukh of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise re- quires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

Appoint- ment and term of office of members.

316. (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commis- sion, by the President, and in the case of a State

Part XIV.—Services under the Union and the

States.—Arts. 316-317.

Commission, by the Governor or Rajpramukh of the State:

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commence- ment of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.

(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commis- sion or a Joint Commission, the age of sixty years, whichever is earlier:

Provided that—

(a) a member of a Public Service Commission may, by writing under his hand address- ed, in ttje case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor or Rajpramukh of the State, resign his office;

(b) a member of a Public Service Commission may be removed from his " office in the manner provided in clause (1) or clause (3) of article 317.

(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

317. (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of mis- behaviour after the Supreme Court, on reference Removal and sus- pension of a member of a Public Service Conunia- sion.

THE CONSTITUTION OF INDIA 161

Part XIV.—Services under the Union and the

States.—Art. 317.

being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Com- mission or a Joint Commission, and the Governor or Rajpramukh, in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (1), the • President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or

(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (i), be deemed to be guilty of misbehaviour.

Part XIV.—-Services under the Union and the States.—Arts. 318-319.

318. In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor or Rajpramukh of the State may by regulations—

Power to make regu- lations as to conditions of service of mem- bers and staff of the Com- mission.

{a) determine the number of members of the Commission and their conditions of ser- vice; and

(6) make provision with respect to the number

of members of the staff of the Commis- sion and their conditions of service:

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

319. On ceasing to hold office—

(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Govern- ment of India or under the Government of a State;

Prohibition as to the holding of offlops by members of Commis- sion on ceasing to be such members.

(b) the Chairman of a State Public Service Com- mission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Gov- ernment of a State;

(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chair- man of the Union Public Service Com- mission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or unoYr the Government of a State;

Part XIV.—Services under the Union and the States.—Arts. 319-320.

eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Ser- vice Commission, but not for any other employment either under the Govern- ment of India or under the Government of a State.

Functions of Public Service Commis- sions.

320. (1) It shall be the duty of the Union and the State Public Service Commissions to conduct exa- minations for appointments to the services of the Union and the services of the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any ser- vices for which candidates possessing special quali- fications are required.

(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall 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 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 serving under the Government of India or the Government of a Slate in a civil capacity, including memorials or peti- tions relating to such matters;

id) on any claim by cr m respect of a person who is serving or has served under the Government of Intr'a or tha Government of a Stole <"v unde¹" ihe Crown in Irdia or under the Government ol an Indian

Part XIV.—Services under the Union and the

States.-^Art. 320.

State, in a civil capacity, that any costs incurred by him in defending legal pro- ceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the 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 under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award,

and it shall be the duty of a Public Service Com- mission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor or Rajpramukh of the State, may refer to them:

Provided that the President as respects the all- India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor or Rajpramukh, as the case may be, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.

(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provi- sions of article 335.

(5) All regulations made under the proviso to clause (3) by the President or the Governor or Rajpramukh of a State shall be laid for not less than

Part XIV.—Services under the Union and the States.—Arts. 320-323.

fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifica- tions, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make •during the session in which they are so laid.

Power to extend functions of Public Service Com- missions.

321. An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Ser- vice Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate con- stituted by law or of any public institution.

Expenses of Public Service Com- missions.

322. The expenses of the Union or a State Public Service Commission, including any salaries, allow- ances and pensions payable to or m respect of the members or staff of the Commission, shall be charg- ed on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

Reports of Public Ser. vice Com- missions.

323. (1) It shall be the duty of the Union Commis- sion to present annually to the President a report as tto the work done by the Commission and on receipt of such report the President shall cause a copy there- of together with a memorandum explaining, as res- pects the cases, if any, where the advice of the Com- mission was not accepted, the reasons for such non- acceptance to be laid before each House of Parlia- ment.

(2) It shall be the duty of a State Commission to present annually to the Governor or Rajpramukh of the State a report as to the work done by the Com- mission, and it shall be the duty of a Joint Commis- sion to present annually to the Governor or Rajpra- mukh of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that

Part XIV.—Services under the Union and the

States.—Art. 323.

State, and in either case the Governor or Rajpra- mukh, as the case may be, shall, on receipt of such report, cause a copy thereof together with a memo- randum explaining, as respects the cases, if any, where the advice of the Commission was not accept- ed, the reasons for such non-acceptance to be laid before the Legislature of the State.

PART XV

ELECTIONS

Superin- tendence, direction and control of elections to be vested in an Election Commis- sion.

324. (i) The superintendence, direction and con- trol of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution, including the appointment of elec- tion tribunals for the decision of doubts and disputes arising out of or in connection with elections to Par- liament and to the Legislatures of States shall be vested in a Commission (referred to in this Constitu- tion as the Election Commission).

(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the Presi- dent may from time to time fix and the appointment of the Chief Election Commissioner and other Elec- tion Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.

(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.

(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and there- after before each biennial election to the Legislative Council of each State having such Council, the Presi- dent may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions con- ferred on the Commission by clause (1).

(5) Subject to the provisions of any law made by Paiiiaiiienl, the conditions of setvice and tenure of ofr-cc r[ the Election Commissioners and the Regional Ccmrnissionej^ srnll be such as the Pr^id":^ ~rpy ^v rvln de^rmirip:

Provcled ^vu the Chief Ejection Commissionci shall not be removed fiom his office except in like

Part XV.—Elections.—Arts. 324-327.

manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:

Provided further that any other Election Com- missioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

(6) The President, or the Governor or Rajpramukh of a State, shall, when so requested by the Election Commission, make available to the Election Com- mission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).

325. There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such, constituency on grounds only of religion, race, caste, sex or any of them.

No person to be Ineligible for inclu- sion in, or to claim to be in- cluded in a special, electoral roll on grounds of religion, race, caste or sex.

Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

326. The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than twenty-one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non- residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

327. Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parlia- ment or to the House or either House of the Legisla- ture of a State including the preparation of electoral Power of Parliament to make provision with res- pect to elections to Legisla- tures.

Part XV.—Elections—Arts. 327-329.

rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.

Power of Legislature- of a State to make provision with res- pect to elections to such Legisla- ture.

328. Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legisla- ture of the State including the preparation of electo- ral rolls and all other matters necessary for securing the due constitution of such House or Houses.

329. Notwithstanding anything in this Constitu-

tion^

Bar to interfer- ence by courts to electoral matters.

(a) the validity of any law relating to the delimi- tation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in ques- tion in any court;

(b) no election to either House of Parliament or to the House or either House of the Legis- lature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.

PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330. (i) Seats shall be reserved in the House of the

People for—

(a) the Scheduled Castes;

(b) the Scheduled Tribes except the Scheduled

Tribes in the tribal areas of Assam; and

Reserva- tion of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

(c) the Scheduled Tribes in the autonomous

districts of Assam.

(2) The number of seats reserved in any State for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State in the House of the People as the popula- tion of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

331. Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo- Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

Represen- tation of the Anglo- Indian com- munity in the House of the People.

332. (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Sche- duled Tribes in the tribal areas of Assam, in the Legislative Assembly of every State specified in Part A or Part B of the First Schedule.

Reserva- tion of seats for Scheduled Castes and Scheduled Tribes in the Legis- lative As- semblies of the States.

(2) Seats shall be reserved also for the autono- mous districts in the Legislative Assembly of the Stale of Assam.

('',) The number of seals reserved for the Sche- dule! Ca^t/js or the Scheduled Tribes in the Legisla- tive Assembly of 'any State under clause (1) shall b:;i<: T":. ivarly :,s may be, the sam^ proportion lo tl: . l"'l "-i^n! "r of S-.'O'J "'"> ihe A.<,'.;~m*/"y as the po :.;'.i V'.o'n of th'j Scheduled Cnst^s hi Ik,. 'Scr.te or

Part XVI.—Special Provisions relating to certain

Classes.-—Arts. 332-334.

of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

(4) The number of seats reserved for an auto- nomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total popula- tion of the State.

(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district except in the case of the constituency comprising the cantonment and municipality of Shillong.

(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district except from the constituency comprising the cantonment and municipality of Shillong.

Representa- tion of the Anglo- Indian community in the Legislative Assemblies of the States.

333. Notwithstanding anything in article 170, the Governor or Rajpramukh of a State may, if he is of opinion that the Anglo-Indian community needs re- presentation in the Legislative Assembly of the State and is not adequately represented therein, nominate such number of members of the community to the Assembly as he considers appropriate.

334. Notwithstanding anything in the foregoing provisions of this Part the provisions of this Cons- titution relating to—

Reserva- tion of seats and special re- presenta- tion to cease after ten years.

(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legisla- tive Assemblies of the States; and

(6) the representation of ihe ^Anglo-Indian com- munity in the House of the People and in the Legislative Assemblies of the States by nomination,

Part XVI.—Special Provisions relating to certain

Classes.—Arts. 334-336.

shall cease to have effect on the expiration of a period of ten years from the commencement of this Constitution:

Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolu- tion of the then existing House or Assembly, as the case may be.

Claims of

Scheduled

Castes and

Scheduled

Tribes to

services

end posts.

335. The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Special

r Anglo-

dlan

Eovlsion

community

In certain

services.

336. (1) During the first two years after the com- mencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as 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 community in the said services shall, as nearly as possible, be less by ten per cent than the numbers so reserved during the immediately preceding period of two years:

Provided that at the end of ten years from the commencement of this Constitution all such 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 the community under that clause if such members are found qualified for appointment on merit as com- pared with the members of other communities.

Part XVI.—Special Provisions relating to certain

Classes.—Arts. 337-338.

337. During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State specified in Part A or Part B 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 thirty-first day of March, 1948.

Special provision with respect to educa- tional grants for the benefit of Anglo- Indian com- munity.

During every succeeding period of three years ithe grants may be less by ten per cent than those -for the immediately preceding period of three years:

Provided that at the end of ten years from the commencement of this Constitution such grants, to |the extent to which they are a special concession to the Anglo-Indian community, shall cease:

Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent of the annual admissions therein are made available to members of communities other than the Anglo-Indian com- munity.

338. (1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President.

Special Officer for Scheduled Castes, Scheduled Tribes, etc.

(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards pro- vided for the Scheduled Castes and Scheduled Tribes under this Constitution and report to the President upon the working of those safeguards at such inter- vals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament.

(3) In this article, references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community.

Part XVI.—Special Provisions relating to certain

Classes.—Arts. 339-340.

339. (1) The President may at any time and shall, at the expiration of ten years from the commence- ment of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the Welfare of the Scheduled Tribes in the States specified in Part A and Part B of the First Schedule.

Control of the Union over the adminis- tration of Scheduled Areas and the welfare of Scheduled Tribes.

The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.

(2) The executive power of the Union shall extend to the giving of directions to any such State as to the drawing up and execution of schemes speci- fied in the direction to be essential for the welfare of the Scheduled Tribes in the State.

Appoint- ment of a Commis- sion to investi- gate the conditions of back- ward classes.

340. (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educa- tionally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the proce- dure to be followed by the Commission.

(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 and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together with a memoi arrlnm explain- ing the action taken thereon to Le laic' before eat_h House of Parliament.

Part XVI.—Special Provisions relating to certain

Classes.—Arls. 341-342.

Scheduled Castes.

341. (1) The President may, after consultation with the Governor or Rajpramukh of a State, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitu- tion be deemed to be Scheduled Castes in relation to that State.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notifi- cation issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Scheduled Trlbea.

342. (1) The President may, after consultation with the Governor or Rajpramukh of a State, by public notification, specify the tribes or tribal com- munities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a noti- fication issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notifica- tion issued under the said clause shall not be varied by any subsequent notification.

PART XVII

OFFICIAL LANGUAGE

CHAPTER I.—LANGUAGE OF THE UNION

343. (i) The official language of the Union shall be Hindi in Devanagari script.

Official language of the Union.

The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.

(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement :

Provided that the President may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.

(3) Notwithstanding anything in this article, Par- liament may by law provide for the use, after the said period of fifteen years, of—

(a) the English language, or (b) the Devanagari form of numerals,

for such purposes as may be specified in the law.

Commis-

sion and Committee of Parlia- ment on official language.

344. (1) The President shall, at the expiration of five years from the commencement of this Constitu- tion and thereafter at the expiration of ten years from such commencement, by order constitute a Commis- sion which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.

(3) It shall be the duty of the Commission to make recommendations to the President as to—

(a) the progressive use of the Hindi language

for the official purposes of the Union;

STHB GAZETTE OF INDIA EXTEAOKDINABY, NOV, 26, ISTO BJ1STHE CONSTITUTION OF INDIA 1 67 Part XVII.—Official Language—Arts. 344"345-

\b) restrictions on the use of the English langu- age for all or any of the official purposes of the Union;

(c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the Union; (e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and an- other and their use.

(3) In making their recommendations under clause (2), the Commission shall have due regard to {the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee con- sisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected res- pectively by the members of the House of the People and the members of the Council of States in accord- ance with the system of proportional representation by means of the single transferable vote.

(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.

(6) Notwithstanding anything in article 343, the President may, after consideration of the report refer- red to in clause (5), issue directions in accordance with the whole or any part of that report.

CHAPTER II.—REGIONAL LANGUAGES

Official

language

or langu-

ages oi a

State.

345. Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all •or any of the official purposes of that State:

Part XVII.—Official Language.—Arts. 345-348.

Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used tor those official purposes within the State for which it was being used imme- diately before the commencement of this Constitution.

346. The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:

Official language for commu- nication between one State and another or between a State and the Union.

Provided that if two or more States agree that the Hindi language should be the official language for communication between such States,- that language may be used for such communication.

Special provision relating to language spoken by a section of the population of a State.

347. On a demand being made in that behalf, the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recog- nised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.

CHAPTER III.—LANGUAGE OF THE SUPRKME COURT, HIGH COURTS, ETC.

348. (1) Notwithstanding anything in the fore- going provisions of this Part, until Parliament by law otherwise provides—

(a) all proceedings in the Supreme Court and in

every High Court,

Language to be ut,cd In the Supreme Court and in the High Courts and for Acts, Bills, etc.

(6) the authoritative texts—

(?') of all Bills to be introduced or amend- ments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,

(") of all Acts passed by Parliament or the Legislature of a State and of all Ordi- nances promulgated by the President or the Governor or Rajpramukh of a State, and

Part XVII.—Official Language.—Arts. 348-349.

(in) of all orders, rules, regulations and bye- laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,

shall be in the English language.

(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor or Rajpramukh of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:

Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.

(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any 3aiigu?ty other than the English language for use in Bills introduced in, c ' Acts passed by, the Legislature ol the Slate or in Ordinances promulgated by the Governor or Rajpramukh of the State or in any order, rule, regulation or bye-law referred to m paragraph [in) of that sub-clause, a translation o! the same in the English language pub- lished under the audicnity of the Governor or Raj- pramukh of the State in the Official Gazette of that State shall be deemed to be the authoritative text the-eof in the English language under this article.

Special procedure lor enact- ment of certain laws relating to language.

349. During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and/die report of the Committee constituted under clatise (4) of that article.

Part XVII.—Official Language.—Arts. 350-351.

CHAPTER IV.—SPECIAL DIRECTIVES

Language to be used In representa- tions lor redress of grievances.

350. Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as Lthe case may be.

Directive for develop- ment of the Hindi Language.

351. It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without inter- fering with its genius, the forms, style and expres- sions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

PART XVIII

EMERGENCY PROVISIONS

Proclama- tion of Emergency.

352. (i) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance, he may, by Proclamation, make a dec- laration to that effect.

(2) A Proclamation issued under clause (1)—

(a) may be revoked by a subsequent Proclama-

tion;

(6) shall be laid before each House of Parlia-

ment;

(c) shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(3) A Proclamation of Emergency declaring that the security of India or of any part of the territory thereof is threatened by war or by external aggres- sion or by internal disturbance may be made before [the actual occurrence of war or of any such aggres- sion or disturbance if the President is satisfied that there is imminent danger thereof.

Part XVIII.—Emergency Provisions.— Arts. 353-356.

353. While a Proclamation of Emergency is in oper-

ation, then—

Effect of Proclama- tion of Emergency.

(") notwithstanding anything in this Constitu- tion, the executive power of the Union' shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;

(b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the con- ferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List.

3i>4. (1) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of a rticles 268 to 279 shall for such period, not extending in any case beyond Uie expiration of the financial year in which such Pro- clamation 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- sions relating to dis- tribution of revenues while a Proclama- tion of Emergency is in operation.

(2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.

355. It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

Duty of the Union to protect States against external aggression and inter- nal dis- turbance

356. (1) If the President, on receipt of a report from the Governor or Rajpramukh of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried Provisions In case of failure of constitu- tional machinery In States.

Part XVIII.—Emergency Provisions.— AH. 356.

on in accordance with the provisions of this Constitution, the President, may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or Rajpramukh, as the case may be, or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State stir^l be exercisable by or under the authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, in- cluding provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall autho- rise the President to assume to himself any of the , powers vested in or exercisable by a High Court, or to suspend in whole or in Dart the operation of any provision of this Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or

varied by a subsequent Proclamation.

(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a pre- vious Proclamation, cease to operate at the expira- tion of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclama- tion) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the

Part XVIII.—Emergency Provisions.— Arts. 356-357.

Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless re- voked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (3):

Provided that if and so often as a resolution approving the continuance in force of such a Procla- mation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:

Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expira- tion of the said period of thirty days a resolution approving the continuance in force of the Proclama- tion has been also passed by the House of the People.

337. (1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, ^Exercise of legisla- tive powers under Pro- clamation Issued under article 356.

Part XVIII.—Emergency Provisions.— Arts. 357-358.

it sjiall be competent—

(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;

(&) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and impqf- ing duties, or authorising the conferring of -• powers and the imposition of duties, upon the Union or officers and authorities thereof;

(c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.

(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the Presi- dent or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of one year after the Proclamation has ceased to operate except as respects 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 modifi- cation by Act of the appropriate Legislature.

Suspension, of provi- sions of article 19 during em- ergencies.

358. While a Proclamation of Emergency is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to

Part XVIII.—Emergency Provisions.— Arts. 358-360.

have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.

Suspension of the enforce- ment of the rights con- ferred by- Part III during emergen- cies.

359. (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so men- tioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

(2) An order made as aforesaid may extend to the whole or any part of the territory of India.

(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.

360. (1) If the President is satisfied that a situation , Provisions as to financial, emergency.

has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a decla- ration to that effect.

(2) The provisions of clause (2) of article 352 shall apply in relation to a Proclamation issued under this article as they apply in relation to a Proclamation of Emergency issued under article 352.

(3) During the period any such Proclamation as is mentioned in clause (1) is in operation, the execu- tive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the direc- tions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.

(4) Notwithstanding anything in this Constitu- tion—

(a) any such direction may include—

(i) a provision requiring the reduction of salaries and allowances of all or any

Part XVIII.—Emergency Provisions.—

Article 360.

class of persons serving in connection with the affairs of a State;

(M) a provision requiring all Money Bills or other Bills to which the provisions of article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State;

(b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.

PART XIX

MISCELLANEOUS

Protection of Presi- dent and Governors and Raj- pramukns.

361. (i) The President, or the Governor or Raj- pramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or pur- porting to be done by him in the exercise and perfor- mance of those powers and duties :

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 6 i:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Gov- ernment of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor or Rajpramukh of a State, in any court during his term of office.

(3) No process for the arrest or imprisonment of the President, or the Governor or Rajpramukh of a State, shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President, or the Governor or Rajpramukh of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor or Rajpramukh of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor or the Rajpramukh, as the case may be, or left at his office stating the nature of the proceed- ings, the cause of action therefor, the name, descrip- tion and place of residence of the party by whom such proceedings arc to be instituted and the relief which he claims.

Part XIX.—Miscellaneous.—Arts. 362-364.

Rights and privileges of Rulers of Indian States.

362. In the exercise of the power of Parliament or of the Legislature of a State to make laws or in the exercise of the executive power of the Union or of a State, due regard shall be had to the guarantee or assurance given under any such covenant or agree- ment as is referred to in clause (1) of article 291 with respect to the personal rights, privileges and dignities of the Ruler of an Indian State.

Bar to In- terference by courts in disputes arising out of certain treaties, agree- ments, etc. 363. (1) Notwithstanding anything in this Consti- tution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engage- ment, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement or in any dispute in respect of rany right accruing under or any liability or obligation - arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument.

(2) In this article—

(a) "Indian State" means any territory recognised before the commencement of this Constitu- tion by His Majesty or the Government of the Dominion of India as being such a State; and

(b) "Ruler" includes the Prince, Chief or other person recognised before such commence- ment by His Majesty or the Government of the Dominion of India as the Ruler of anv Indian State.

Special provisions as to major ports and aero- dromes.

364. (1) Notwithstanding anything in this Constitu- tion, the President may by public notification direct that as from such date as may be specified in the notification—

(a) any law made by Parliament or by the Legis- lature of a State shall not apply to any major port or aerodrome or shall apply

Part XIX.—Miscellaneous.—Arts. 364-366.

thereto subject to such exceptions or modi-' fications as may be specified in the noti- fication, or

(b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its applica- tion to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.

(2) In this article—

(a) "major port" means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the Limits of such port;

(b) "aerodrome" means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.

365. Where any State has failed to comply with, or Effect of failure to comply with, or to give eflect to, directions given by the Union.

to give effect to, any directions given in the exercises of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Consti- tution.

Definitions. 366. In this Constitution, unless the context other- wise requires, the following expressions have the mean- ings hereby respectively assigned to them, that is to say—

(1) "agricultural income" means agricultural in- come as defined for the purposes of the enactments relating to Indian income-tax; (2) "an Anglo-Indian" means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habi- tually resident therein and not established there for temporary purposes only;

Part XIX.—Miscellaneous.—Art. 366.

(3) "article" means an article of this Constitu-

tion;

(4) "borrow" includes the raising of money by the grant of annuities, and "loan" shall be construed accordingly;

(5) "clause" means a clause of the article in which

the expression occurs;

(6) "corporation tax" means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the follow- ing conditions are fulfilled:—

(a) that it is not chargeable in respect of agri-

cultural income;

(b) that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals;

(c) that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income-tax the total income of individuals receiving such divi- dends, or in computing the Indian in- come-tax payable by, or refundable to, such individuals;

(7) "corresponding Province", "corresponding

Indian State" or "corresponding State means in cases of doubt such Province, Indian State or State as may be deter- mined by the President to be the corres- ponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question;

(8) "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;

Part XIX.—Miscellaneous.—Art. 366.

(9) "estate duty" means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass;

(10) "existing law" means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to, make such a law, Ordinance, order, bye-law, rule or regula- tion;

(11) "Federal Court" means the Federal Court constituted under the Government of India Act, 1935;

(12) "goods" includes all materials, commodities,

and articles;

(13) "guarantee" includes any obligation under- taken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;

(14) "High Court" means any court which is deemed for the purposes of this Constitu- tion to be a High Court for any State and includes—

(a) any Court in the territory of India consti- tuted or reconstituted under this Consti- tution as a High Court, and

(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution;

(15) "Indian State" means any territory which the Government of the Dominion of India recognised as such a State;

Part XIX.—Miscellaneous.—Art. 366.

(16) "Part" means a Part of this Constitution;

(17) "pension" means a pension, whether contri- butory or not, of any kind whatsoever pay- able to or in respect of any person, and includes retired pay so payable, a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund;

(18) "Proclamation of Emergency" means a Pro- clamation issued under clause (1) of article 352;

{19) "public notification" means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State;

{20) "railway" does not include—

(a) a tramway wholly within a municipal area,

or

(6) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;

{21) "Rajpramukh" m e a n s-

fa) in relation to the State of Hyderabad, the person who for the time being is recog- nised by the President as the Nizam of Hyderabad;

(b) in relation to the State of Jammu and Kashmir or the State of Mysore, the person who for the time being is recog- nised by the President as the Maharaja of that State; and

(c) in relation to any other State specified in Part B of the First Schedule, the person who for the time being is recognised by the President as the Rajpramukh of that State,

Part XIX.—Miscellaneous.—Art. 366.

and includes in relation to any of the said States any person for the time being recog- nised by the President as competent to exercise the powers of the Rajpramukh in relation to that State;

(22) "Ruler" in relation to an Indian State means the Prince, Chief or other person by whom any such covenant or agreement as is referred to in clause (1) of article 291 was entered into and who for the time being is recognised by the President as the Ruler of the State, and includes any person who for the time being is recognised by the Presi- dent as the successor of such Ruler;

(23) "Schedule" means a Schedule to this

Constitution;

(24) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution;

(25) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution;

(26) "securities" includes stock;

(27) "sub-clause" means a sub-clause of the

clause in which the expression occurs;

(28) "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly;

(29) "tax on income" includes a tax in the nature

of an excess profits tax;

(30) "Uparajpramukh" in relation to any State specified in Part B of the First Schedule

THE GAZETTE OF INDIA EXTRAOEDINAKY, NCW\ 26, 1949 £581THE CONSTITUTION OF INDIA 185 Part XIX.—Miscellaneous.—Arts. 366-367.

means the person who for the time being is recognised by the President as the Uparajpramukh of that State.

Interpreta- tion.

367. (1) Unless the context otherwise requires, the General Clauses Act 1897, shall, subject to any adapta- tions and modifications that may be made therein "under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an

^ ct of the Legislature of the Dominion of India.

(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State specified in Part A or Part B of the First Schedule, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor or Rajpramukh, as the case may be.

(3) For the purposes of this Constitution "foreign

Uaie" means any State other than India:

Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order.

PART XX

AMENDMENT OF THE CONSTITUTION

Procedure lor amend- ment pi the Constitu- tion.

368. An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not' less than two-thirds of the members of that House present and voting, it shall be presented to the Presi- dent for his assent and upon such assent being given 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) article 54, article 55, article 73, article 162 or

article 241, or

(b) Chapter IV of Part V, Chapter V of Par-:

VI, or Chapter I of Part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of States in Parliament, or

(e) the provisions of this article,

the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States specified in Parts A and B of the First Schedule by resolutions to that effect passed by those Legis- latures before the Bill making provision for sucfy amendment is presented to the President for assent.

PART XXI

TEMPORARY AND TRANSITIONAL PROVISIONS

369. Notwithstanding anything in this Constitu- tion, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—

Temporary power to Parliament to make laws with respect to certain matters in the State List as If they were matters in the Concur- rent List.

(a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), foodstuffs (includ- ing edible oilseeds and oil), cattle fodder (including oil-cakes and other concen- trates), coal (including coke and deriva- tives of coal), iron, steel and mica;

(b) offences against laws with respect to any of the matters mentioned in clause (a), juris- diction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court;

but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the in- competency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.

370. (i) Notwithstanding anything in this Consti-

tution,—

Temporary provisions with res- pect to the State of Jammu and Kashmir.

(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;

(6) the power of Parliament to make laws for the said State shall be limited to—

(i) those matters in the Union List and the Concurrent List which, in consultation

Part XXI.—Temporary and Transitional

Provisions,—Art. 370.

with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(M) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jarnmu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948 ;

(c) the provisions of article 1 and of this article shall apply in relation to that State; (d) such of the other provisions of this Constitu- tion shall apply in relation to that State subject to such exceptions and modifica- tions as the President may by order specify:

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the con- currence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause ib) of clause (1) or in the second proviso to sub-clause (d) of

T B$ GAZETTE OP INDIA BXTEAOEDINAEY, NOV. 26, 1M9 2fi8fi -THE CONSTITUTION OF INDIA 189

Part XXI.—Temporary and Transitional

Provisions.—Arts. 370-372.

that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such excep- tions and modifications and from such date as he may specify:

Provided that the recommendation of the Constitu- ent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a noti- fication.

Temporary provisions with res- pect to States In Part B of the First Schedule.

371. Notwithstanding anything in this Constitu- tion, during a period of ten years from the commence- ment thereof, or during such longer or shorter period as Parliament may by law provide in respect of any • State, the Government of every State specified in ; Part B of the First Schedule shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the Presi- dent:

Provided that the President may by order direct that the provisions of this article shall not apply to any State specified in the order.

Continu- ance In force ol existing laws and their adap- tation.

372. (1) Notwithstanding the repeal by this Consti- tution of the enactments referred to in article 395 but "subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other compe- tent authority.

(2) For the purpose of bringing the provisions of any law itt-force in the territory of India into accord with the provisions of this Constitution, the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the

Part XXI.—Temporary and Transitional

Provisions.—Art. 372.

law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modi- fications so made, and any such adaptation or modi- fication shall not be questioned in any court of law.

(3) Nothing in clause (2) shall be deemed—

(a) to empower the President to make any adap- tation or modification of any law after the expiration of two years from the com- mencement of this Constitution; or

(&) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.

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, notwith- standing that it or parts of it may not be then in operation either at all or in particular areas.

Explanation II.—Any law passed or made by a Legislature or other competent authority in the ter- ritory of India which immediately before the com- mencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect.

Explanation ///.—Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force.

Explanation IV.—An Ordinance promulgated by the Governor of a Province under section 88 of the Government of India Act, 1935, and in force imme- diately before the commencement of this Constitu- tion shall, unless withdrawn by the Governor of the

Part XXI.—Temporary and Transitional Provisions.—Arts. 372-374.

corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as con- tinuing any such Ordinance in force beyond the said period.

Power of President to make order in respect of persons under preventive detention in certain cases.

373. Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.

374. (1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected other- wise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are pro- vided for under article 125 in respect of the Judges of the Supreme Court.

Provisions as to Judges of the Federal Court and proceed- ings pending in the Federal Court or before His Majesty in Council.

(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the com- mencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court deli- vered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.

(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the

Part XXI.—Temporary and Transitional Provisions.—Arts. 374-376.

exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.

(4) On and from the commencement of this Con- stitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose , of appeals and petitions from or in respect of any judg- ment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commence- ment shall be transferred to, and disposed of by, the Supreme Court.

(5) Further provision may be made by Parlia- ment by law to give effect to the provisions of this article.

375. 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 Constitu- tion.

Courts ( authorities and offi- cers to continue to function subject to the provi- sions of the Constitu- tion.

Provisions as to Judges of High Courts.

376. (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the com- mencement of this Constitution shall, unless they have elected otherwise, become on such commence- ment the Judges of the High Court in the corres- ponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are pro- vided for under article 221 in respect of the Judges of such High Court.

(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B

Part XXI.—Temporary and Transitional

Provisions.—Arts. 376-378.

of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding any- thing in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine.

(3) In this article, the expression "Judge" does not include an acting Judge or an additional Judge.

Provisions as to Comptrol- ler and Auditor- General of India.

377. The Auditor-General of India holding office immediately before the commencement of this Con- stitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) oi article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.

Provisions as to Public Ser- vice Com- missions.

378. (1) The members of the Public Service Com- mission for the Dominion of India holding office immediately before the commencement of this Con- stitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expira- tion of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this

Part XXL—Temporary and Transitional Provisions,—Arts. 378-379.

Constitution shall, unless they have elected other- wise, become on such commencement the members of the Public Service Commission for the corres- ponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expira- tion of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof.

379. (1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body functioning as the Constituent Assembly of the Dominion of India immediately before the com- mencement of this Constitution shall be the provi- sional Parliament and shall exercise all the powers and perform all the duties conferred by the provi- sions of this Constitution on Parliament.

Explanation.—For the purposes of this clause, the Constituent Assembly of the Dominion of India includes—

(i) the members chosen to represent any State or other territory for which representa- tion is provided under clause (2), and

(ii) the members chosen to fill casual vacancies

in the said Assembly.

(2) The President may by rules provide for—

(a) the representation in the provisional Parlia- ment functioning under clause (1) of any State or other territory which was not represented in the Constituent Assembly of the Dominion of India immediately before the commencement of this Consti- tution,

(6) the manner in which the representatives of such States or other territories in the pro- visional Parliament shall be chosen, and

Part XXI.—Temporary and Transitional Provisions.—Arts. 379-380.

(c) the qualifications to be possessed by such

representatives.

(3) If a member of the Constituent Assembly of the Dominion of India was, on the sixth day of October, 1949, or thereafter at any time before the commencement of this Constitution, a member of a House of the Legislature of a Governor's Province or of an Indian State corresponding to any State specified in Part B of the First Schedule or a Minister for any such State, then, as from the commencement of this Constitution the seat of such member in the Constituent Assembly shall, unless he has ceased to be a member of that Assembly earlier, become vacant and every such vacancy shall be deemed to be a casual vacancy.

(4) Notwithstanding that any such vacancy in the Constituent Assembly of the Dominion of India as is mentioned in clause (3) has not occurred under that clause, steps may be taken before the com- mencement of this Constitution for the filling of such vacancy, but any person chosen before such com- mencement to fill the vacancy shall not be entitled to take his seat in the said Assembly until after the vacancy has so occurred.

(5) Any person holding office immediately before the commencement of this Constitution as Speaker or Deputy Speaker of the Constituent Assembly when functioning as the Dominion Legislature under the Government of India Act, 1935, shall on such commencement be the Speaker or, as the case may be, the Deputy Speaker of the provisional Parlia- ment functioning under clause (1).

Provision as to President 380. (1) Such person as the Constituent Assembly of the Dominion of India shall have elected in that behalf shall be the President of India until a Presi- dent has been elected in accordance with the provi- sions contained in Chapter I of Part V and has entered upon his office.

(2) In the event of the occurrence of any vacancy in the office of the President so elected by the Cons- tituent Assembly of the Dominion of India by reason

Part XXI.—Temporary and Transitional

Provisions.—Arts. 380-382.

of his death, resignation, or removal, or otherwise, it shall be filled by a person elected in that behalf by the provisional Parliament functioning under article 379, and until a person is so elected, the Chief Justice of India shall act as President.

Council of Ministers of the President.

381. Such persons as the President may appoint in that behalf shall become members of the Council of Ministers of the President under this Constitu- tion, and, until appointments are so made, all persons holding office as Ministers for the Dominion of India immediately before the commencement of this Cons- titution shall on such commencement become, and shall continue to hold office as, members of the Council of Ministers of the President under this Constitution.

Provisions as to provisional Legisla- tures lor States in Part A of the First Schedule.

382. (1) Until the House or Houses of the Legis- lature of each State specified in Part A of the First Schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, 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 or Houses of the Le- gislature of such State.

(2) Notwithstanding anything in clause (1), where a general election to reconstitute the Legislative Assembly of a Province has been ordered before the commencement of this Constitution, the election may be completed after such commencement as if this Constitution had not come into operation, and the Assembly so reconstituted shall be deemed to be the Legislative Assembly of that Province for the pur- poses of that clause.

(3) Any person holding office immediately before the commencement of this Constitution as Speaker or Deputy Speaker of the Legislative Assembly or President or Deputy President of the Legislative Council of a Province shall on such commencement be the Speaker or Deputy Speaker of the Legislative

feB GAZETTE OF INDIA EXTEAOEDINABY, NOVA 20, 1949 2648THE CONSTITUTION OF INDIA 197 Part XXL—Temporary and Transitional Provisions.—Arts. 382-385.

Assembly or the Chairman or Deputy Chairman of the Legislative Council, as the case may be, of the corresponding State specified in Part A of the First Schedule while such Assembly or Council functions under clause (1):

Provided that where a general election has been ordered for the reconstitution of the Legislative Assembly of a Province before the commencement of this Constitution and the first meeting of the Assembly as so reconstituted is held after such com- mencement, the provisions of this clause shall not apply and the Assembly as reconstituted shall' elect two members of the Assembly to be respectively the Speaker and Deputy Speaker thereof.

Provision as to Governors of Provinces.

383. Any person holding office as Governor in any Province immediately before the commencement of this Constitution shall on such commencement be the Governor of the corresponding State specified in Part A of the First Schedule unul a new Governor has been appointed in accordance with the provi- sions of Chapter II of Part VI and has entered upon his office.

Council of Ministers of Governors.

384. Such persons as the Governor of a State may appoint in that behalf shall become members of the Council of Ministers of the Governor under this Constitution, and, until appointments are so made, all persons holding office as Ministers for the corres- ponding Province immediately before the com- mencement of this Constitution shall on such commencement become, and shall continue to hold office as, members of the Council of Ministers of the Governor of the State under this Constitution.

Provision as to provisional Legisla- tures in States in Part B of the First Schedule.

385. Until the House or Houses of the Legislature of a State specified in Part B of the First Schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body or authority functioning immediately before the commencement of this Con- stitution as the Legislature of the corresponding Indian State shall exercise the powers and perform

Part XXI.—Temporary and Transitional

Provisions.-—Arts. 385-388.

the duties conferred by the provisions of this Consti- tution on the House or Houses of the Legislature of the State so specified.

Council of Ministers for States In Part B of the First Schedule.

386. Such persons as the Rajrjramukh of a State specified in Part B of the First Schedule may ap- point in that behalf shall become members of the Council of Ministers of such Rajpramukh under this Constitution, and, until appointments are so made, all persons holding office as Ministers for the cor- responding Indian State immediately before the commencement of this Constitution shall on such commencement become, and shall continue to hold office as, members of the Council of Ministers of such Rajpramukh under this Constitution.

Special provision as to deter- mination of population ior the purposes of certain elections.

387. For the purposes of elections held under any of the provisions of this Constitution during a period of three years from the commencement of this Cons- titution, the population of India or of any part there- of may, notwithstanding anything in this Constitu- tion, be determined in such manner as the President may by order direct, and different provisions may be made for different States and for different purposes by such order.

388. (1) Casual vacancies in the seats of members of the provisional Parliament functioning under clause (1) of article 379, including vacancies referred to in clauses (3) and (4) of that article, shall be filled, and all matters in connection with the filling of such vacancies (including the decision of doubts and dis- putes arising out of, or in connection with, elections to fill such vacancies) shall be regulated—

Provisions as to the filling of casual vacancies in the pro- visional Parliament and provi- sional Le- gislatures of the States.

(a) in accordance with such rules as may be made in that behalf by the President, and (b) until rules are so made, in accordance with the rules relating to the filling of casual vacancies in the Constituent Assembly of the Dominion of India and matters con- nected therewith in force at the time of the filling of such vacancies or immedi- ately before the Commencement of this

Part XXI.—Temporary and Transitional

Provisions.—Art. 388.

Constitution, as the case may be, subject to such exceptions and modifications as may be made therein before such conlmencement by the President of that Assembly and thereafter by the President of India:

Provided that where any such seat as is men- tioned in this clause was, immediately before it be- came vacant, held by a person belonging to the Scheduled Castes or to the Muslim or the Sikh com- munity and representing a Province or, as the case may be, a State specified in Part A of the First Sche- dule, the person to fill such seat shall, unless the President of the Constituent Assembly or the President of India, as the case may be, considers it necessary or expedient to provide otherwise, be of the same community:

Provided further that at an election to fill any such vacancy in the seat of a member representing a Province or a State specified in Part A of the First Schedule, every member of the Legislative Assembly of that Province or of the corresponding State or of that State, as the case may be, shall be entitled to participate and vote.

Explanation.—For the purposes of this clause—

(a) all such castes, races or tribes or parts of or groups within castes, races of tribes as are specified in the Government of India (Scheduled Castes) Order, 1936, to be Scheduled Castes in relation to any Pro- vince shall be deemed to be Scheduled Castes in relation to that Province or the corresponding State until a notification has been issued by the President under clause (1) of article 341 specifying the Scheduled Castes in relation to that cor- responding State;

(&) all the Scheduled Castes in any Province or State shall be deemed to be a single com- munity.

Part XXI.—Temporary and Transitional Provisions.—Arts. 388-390.

(2) Casual vacancies in the seats of members of a House of the Legislature of a State functioning under article 382 or article 385 shall be filled, and all matters in connection with the filling of such vacancies (including the decision of doubts and disputes arising out of, or in connection with, elections to fill such vacancies) shall be regulated in accordance with such provisions governing the fill- ing of such vacancies and regulating such matters as were in force immediately before the commence- ment of this Constitution subject to such exceptions and modifications as the President may by order direct.

Provision as to Bills pending in the Dominion Legisla- ture and in the Legis- latures of Provinces and Indian States.

389. A Bill which immediately before the com- mencement of this Constitution was pending in the Legislature of the Dominion of India or in the Legis- lature of any Province or Indian State may, subject to any provision to the contrary which may be in- cluded in rules made by Parliament or the Legisla- ture of the corresponding State under this Constitu- tion, be continued in Parliament or the Legislature of the corresponding State, as the case may be, as if the proceedings taken with reference to the Bill in the Legislature of the Dominion of India or in the Legislature of the Province or Indian State had been taken in Parliament or in the Legislature of the corresponding State.

Moneys received or raised or ex- penditure incurred between the com- mencement of the Constitu- tion and the 31st day of March, 1950.

390. The provisions of this Constitution relating to the Consolidated Fund of India or the Consolidated Fund of any State and the appropriation of moneys out of either of such Funds shall not apply in relation to moneys received or raised or expenditure incurred by the Government of India or the Government of any State between the commencement of this Cons- titution and the thirty-first day of March, 1950, both days inclusive, and any expenditure incurred during that period shall be deemed to be duly authorised if the expenditure was specified in a schedule of authorised expenditure authenticated in accordance with the provisions of the Government of India Act, !935' by the Governor-General of the Dominion of

Part XXI.—Temporary and Transitional Provisions.—Arts. 390-392.

India or the Governor of-die corresponding Province or is authorised by the Rajpramukh of the State in accordance with such rules as were applicable to the authorisation of expenditure from the revenues of the corresponding Indian State immediately before such commencement.

391. (1) If at any time between the passing of this Power of the President to amend the First and Fourth. Schedules in certain contingen- cies.

Constitution and its commencement any action is taken under the provisions of the Government of India Act, 1935, which in the opinion of the Presi- dent requires any amendment in the First Schedule and the Fourth Schedule, the President may, not- withstanding anything in this Constitution, by order, make such amendments in the said Schedules as may be necessary to give effect to the action so taken, and any such order may contain such supplemental, incidental and consequential provisions as the Presi- dent may deem necessary.

(2) When the First Schedule or the Fourth Sche- dule is so amended, any reference to that Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.

Power of the Presi- dent to remove difficulties^ 392. (1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitu- tion, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient:

Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.

(2) Every order made under clause (1) shall be

laid before Parliament.

(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor- General of the Dominion of India.

PART XXII

SHORT TITLE, COMMENCEMENT AND REPEALS

Short title. 393. This Constitution may be called the Constitution of India.

Commence-

ment.

394. This article and articles 5, 6, J, 8, g, 6o, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty- sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.

/Repeals. 395. The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.

FIRST SCHEDULE

(Articles i, 4 and 391)

The States and the territories of India

PART A

Names of States

Names of corresponding Provinces

Assam Bihar Bombay The Central Provinces and Berar Madras Orissa East Punjab The United Provinces

1. Assam 2. Bihar 3. Bombay 4. Madhya Pradesh 5. Madras 6. Orissa 7. Punjab 8. The United Provinces

9. West Bengal

West Bengal

TERRITORIES OF STATES

The territory of the State of Assam shall comprise the territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas.

The territory of the State of West Bengal shall comprise the territory which immediately before the commencement of this Constitution was comprised in the Province of West Bengal.

The territory of each of the other States in this Part shall comprise th. territories which immediately before the com- mencement of this Constitution were comprised in the corres- ponding Province and the territories which, by virtue of an order made under section 290A of the Government of India Act, 1935, were immediately before such commencement being administered as if they formed part of that Province.

First Schedule

P A R TB

NAMES OF STATES

1. Hyderabad.

2. Jammu and Kashmir.

3. Madhya Bharat

4. Mysore.

5. Patiala and East Punjab States Union.

6. Rajasthan.

7. Saurashtra.

8. Travancore-Cochin.

9. Vindhya Pradesh.

TERRITORIES OF STATES

The territory of each of the States in this Part shall comprise the territory which immediately before the commencement of this Constitution was comprised in the corresponding Indian State, and—

(a) in the case of each of the States of Rajasthan and Saurashtra, shall also comprise the territories which immediately before such commencement were being administered by the Government of the corresponding Indian State, whether under the provisions of the Extra-Provincial Jurisdiction Act, 1947, or otherwise; and

(6) in the case of the State of Madhya Bharat, shall also comprise the territory which immediately before such commencement was comprised in the Chief Commissioner's Province of Panth Piploda.

First Schedule

PART C

NAMES OF STATES

1. Ajmer.

2. Bhopal.

3. Bilaspur.

4. Cooch-Behar.

5. Coorg.

6. Delhi.

7. Himachal Pradesh.

8. Kutch.

9. Manipur.

10. Tripura.

TERRITORIES OF STATES

The territory of each of the States of Ajmer, Coorg and Delhi shall comprise the territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioners' Provinces of Ajmer-Merwara, Coorg and Delhi, respectively.

The territory of each of the other States in this Part shall comprise the territories which, by virtue of an order made under section 2goA of the Government of India Act, 1935, were immediately before the commencement of this Constitu- tion being administered as if they were a Chief Commissioner's Province of the same name.

PART D

The Andaman and Nicobar Islands.

SECOND SCHEDULE

[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3). 164(5), 186 and 221]

PART A

PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES SPECIFIED IN PART A OF THE FIRST SCHEDULE

1. There shall be paid to the President and to the Gover- nors of the States specified in Part A of the First Schedule the following emoluments per mensem, that is to say: —

... 10,000 rupees- ... 5,500 rupees The President The Governor of a State

2. There shall also be paid to the President and to the Governors of the States so specified such allowances as were payable respectively to the Governor-General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.

- 3. The President and the Governors of such States through- out their respective terms of office shall be entitled to the same privileges to which the Governor-General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution.

'4. While the Vice-President or any other person is dis- charging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he dis- charges or for whom he acts, as the case may be.

PART B

PROVISIONS AS TO THE MINISTERS FOR THE UNION AND FOR THE STATES IN PART A AND PART B OF THE FIRST SCHEDULE

5. There shall be paid to the Prime Minister and to each 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 of India immediately before the commencement of this Constitution.

Second Schedule

6. There shall be paid to the Ministers for any State speci- fied in Part A or Part B of the First Schedule such salaries and allowances as were payable to such Ministers for the cor- responding Province or the corresponding Indian State, as the case may be, immediately before the commencement oi this Constitution.

PART C

PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY OF A STATE IN PART A OF THE FIRST SCHEDULE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF ANY SUCH STATE.

7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Con- stituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement.

8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly of a State specified in Part A of the First Schedule and to the Chairman and the Deputy Chairman of the Legislative Council of 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 Deputy President of the Legislative Council of the corresponding Province immediate- ly before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Gov- ernor of the State may determine.

Second Schedule

PART D

PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS IN STATES IN PART A OF THE FIRST SCHEDULE.

9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say: —

... 5,000 rupees The Chief Justice

... 4,000 rupees Any other Judge

Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court shall be reduced by the amount of that pension.

(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence.

(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,—

(a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under •clause (1) of article 374; or

(b) was holding office as any. other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court- under the said clause, .

during the period he holds offtce as such Chief, Justice pr other Jfuflge, an,d every Judge who so becomes' the Chief Justice or otter Judge of the Supreme Court shall, in, respect of, time sperit on actual service as such Chief Justice or other Judge, , as'.thi^ case, mayv .be,,, t)e .entitled to^repeiye.in .addifiqn to the salary specified in sub-paragraph (1) of this paragraph as

Second Schedule

special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.

(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travel- ling as the President may from time to time prescribe.

(5) The rights in respect of leave of absence (including, leave allowances) and pension of the Judges of the, Supremq, Court shall be governed by the provisions which, immediately, before the commencement of this Constitution, were appli- cable to the Judges of the Federal Court.

10. (1)'There shall be paid to the. Judges-of the High Court of, .each State specified in Part A of, the First Schedule, in respect of.time spent on actual service, salary a,t the follow- ing rates per mensem, that is to say:— ,'

The Chief Justice ... Any.other. Judge <• • ...

... 4,000 rupees -.. 3,500 .rupees

(2) Every person¹ who immediately, before- the commence- ment of this Constitution—

(a) was holding office as the Chief Justice of a High Court in any Province and has on such com- mencement bepome, the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or

(b) was holding office as any other Judge of a High Court in any Province and has on such com- mencement become a Judge (other than the Chief: Justice) of the, High Court in the corres-' ponding State under the said clause,

shall, if he was 'immediately before such commencement drawing a salary at a rate higher than that specified in sub- paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as' the case may be, in addition to the salary specified ill the Said sub-paragraph as special pay an amount

Second Schedule

equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.

(3) Every Judge of a High Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travel- ling as the President may from time to time prescribe.

(4) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the High Court of any State shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the High Court in the cor- responding Province.

11. In this Part, unless the context otherwise requires,—

(a) the expression "Chief Justice" includes an acting Chief Justice, and a "Judge" includes an ad hoc Judge;

(6) "actual service" includes—

(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;

(it) vacations, excluding any time during which the

Judge is absent on leave; and

(tit) joining time on transfer from a High Court to the Supreme Court or from one High Court to another.

PART E

PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA.

12. (1) There shall be paid to the Comptroller and Auditor- General of India a salary at the rate of four thousand rupees per mensem.

(2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of

Second Schedule

India and has become on such commencement the Comptrol- ler and Auditor-General of India under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement.

(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all refer- ences in those provisions to the Governor-General shall be construed as references to the President.

THIRD SCHEDULE

[Articles 75(4), 99, 124(6), 148(2), 164(3), J88 and 219]

Forms of Oaths or Affirmations

I

Form of oath of office for a Minister for the Union: —

swear in the name of God

"I, A.B, do

that I will bear

solemnly affirm

true faith and allegiance to the Constitution of India as by law- established, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or illwill."

II

Form of oath of secrecy for a Minister for the Union: —

swear in the name of God

"I, A.B., do

that I will not

solemnly affirm directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my considera- tion 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."

I ll

Form of oath or affirmation to be made by a member of Parliament: —

"I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God

that I will bear true faith and solemnly affirm

allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."

Third Schedule

IV

Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India: —

"I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-

swear in the name of God

General of India) do

that I will

solemnly affirm

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, 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: —

swear in the name of God

"I, A.B., do

that I will bear true solemnly affirm

faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the State of and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or illwill."

VI

Form of oath of secrecy for a Minister for a State: —

swear in the name of God

"I, A.B., do

that I will not

solemnly affirm directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my considera- tion or shall become known to me as a Minister for the State of except as may be required for the due discharge of my duties as such Minister."

Third Schedule

VII

Form of oath or affirmation to be made by a member of the Legislature of a State: —

"I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God

that I will bear true faith and solemnly affirm

allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."

VIII

Form of oath or affirmation to be made by the Judges of a High Court: —

"I, A.B., having been appointed Chief Justice (or a Judge) swear in the name of God of the High Court at \ov of) do

solemnly affirm 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, knowledge and judgment per- form the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws."

JCElir GAZETTE OP INDIA EXTEAOEDINABY, NOV. 26, 1949 2681

FOURTH SCHEDULE

[Articles 4(1), 80(2) and 391]

Allocation of seats in the Council of States

To each State or group of States specified in the first column of the table of seats appended to this Schedule there shall be allotted the number of seats specified in the second column of the said table opposite to that State or group of States, as the case may be.

TABLE OF SEATS

THE COUNCIL OF STATES

Representatives of States specified in Part A of the First

Schedule

1

2

Total Seats States

6

1. Assam

21

2. Bihar

17

3. Bombay

12

4. Madhya Pradesh

27

5. Madras

9

6. Orissa

8

7. Punjab

31

8. The United Provinces

14

9. West Bengal

145

TOTAL

Fourth Schedule

Representatives of States specified in Part B of the First

Schedule

2 1

Total Seats States

11

4 6 6 3 9

4 6 4 1. Hyderabad 2. Jammu and Kashmir 3. Madhya Bharat 4. Mysore 5. Patiala and East Punjab States Union 6. Rajasthan 7. Saurashtra 8. Travancore-Cochin 9. Vindhya Pradesh

TOTAL

53

Representatives of States specified in Part C of the First

Schedule

1

2

Total Seats States and Groups of States

1 1. Ajmer J 2. Coorg 1

1 3. Bhopal

1 4. Bilaspur 5. Himachal Pradesh

}

1

1 1 6. Cooch-Behar 7. Delhi 8. Kutch

1 9. Manipur 1 10. Tripura j

TOTAL

7

TOTAL OF ALL SEATS

205

Tpy GAZETTE OF XNPIA EXTHAOEDINARY, NOV. 26, 1049 2S63

FIFTH SCHEDULE

[Article 244 (1)]

Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes

PART A

GENERAL

1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression "State" means a State specified in Part A or Part B of the First Schedule but does not include the State of Assam.

2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.

3. Report by the Governor or Rajpramukh to the Presi- dent regarding the administration of Scheduled Areas.—The Governor or Rajpramukh of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of Erections to the State as to the administration of the said areas.

PARTB

ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES

4. Tribes Advisory Council.—(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:

Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly- of the State is