Articles in the Constitution of India

The Articles in the Constitution of India outline the country’s laws, rights, and governance system, ensuring justice, equality, and fraternity for all.

PART I: THE UNION AND ITS TERRITORY

  1. Article 1 – Name and Territory of the Union: defines the name and territorial extent of the Union of India.
  2. Article 2 – Admission or Establishment of New States: Provisions for the admission or establishment of new states into the Union.
  3. Article 3 – Formation of New States and Alteration of Boundaries: Details the process for forming new states and altering the boundaries, names, or areas of existing states.
  4. Article 4 – Supplemental Provisions: Laws under Articles 2 and 3 provide for amendments to the First and Fourth Schedules and related matters.

PART II: CITIZENSHIP

  1. Article 5 – Citizenship at the Commencement of the Constitution: Details regarding individuals recognized as citizens when the Constitution came into effect.
  2. Article 6 – Rights of Migrants from Pakistan: citizenship rights for persons who migrated from Pakistan to India.
  3. Article 7 – Rights of Migrants to Pakistan: Addresses the citizenship status of individuals who migrated to Pakistan.
  4. Article 8 – Citizenship of Overseas Indians: Rights for persons of Indian origin residing outside India.
  5. Article 9 – Loss of Citizenship: Individuals acquiring citizenship of a foreign state will lose Indian citizenship.
  6. Article 10 – Continuity of Citizenship: Ensures the continuation of citizenship rights.
  7. Article 11 – Parliament’s Authority on Citizenship: empowers Parliament to regulate citizenship laws.

PART III: FUNDAMENTAL RIGHTS

General Provisions

  1. Article 12 – Definition: Defines “state” for the purpose of Fundamental Rights.
  2. Article 13 – Inconsistency of Laws: Declares laws inconsistent with Fundamental Rights as void.

Right to Equality

  1. Article 14 – Equality Before Law: Guarantees equality before the law and equal protection of the laws.
  2. Article 15 – Non-Discrimination: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
  3. Article 16 – Equal Opportunity in Public Employment: Ensures equality of opportunity in public sector employment.
  4. Article 17 – Abolition of Untouchability: Declares untouchability as abolished and makes it punishable by law.
  5. Article 18 – Abolition of Titles: Prohibits the conferment of titles except for military or academic distinctions.

Right to Freedom

  1. Article 19 – Freedom of Expression: Guarantees rights such as freedom of speech, assembly, and movement.
  2. Article 20 – Protection in Offence Convictions: Protects individuals against ex post facto laws, double jeopardy, and self-incrimination.
  3. Article 21 -Protection of Life and Liberty: Ensures the right to life and personal liberty.
    Article 21A – Right to Education: Guarantees free and compulsory education for children.
  4. Article 22 -Protection Against Arbitrary Arrest: Provides safeguards against arrest and preventive detention.

Right Against Exploitation

  1. Article 23 – Prohibition of Human Trafficking and Forced Labor: Outlaws trafficking, forced labor, and similar practices.
  2. Article 24Prohibition of Child Labor: Bans the employment of children in hazardous industries.

Right to Freedom of Religion

  1. Article 25 – Freedom of Religion: Ensures freedom of conscience and the right to practice, profess, and propagate religion.
  2. Article 26 – Management of Religious Affairs: Provides the right to manage religious institutions and affairs.
  3. Article 27 – No Taxation for Religious Purposes: Prohibits taxes specifically to promote any religion.
  4. Article 28 – Religious Instruction in Institutions: Regulates religious education in state-run or state-funded institutions.

Cultural and Educational Rights

  1. Article 29 – Protection of Minority Interests: Safeguards the cultural and educational rights of minorities.
  2. Article 30 – Establishment of Minority Institutions: Gives minorities the right to establish and manage educational institutions.

Saving of Certain Laws

Article 31A. Protection of Land Reforms: Validates laws for acquiring estates and implementing land reforms.
Article 31B. Validation of Certain Acts: Protects laws included in the Ninth Schedule from judicial review.
Article 31C. Directive Principles Supremacy: Protects laws enacted to give effect to certain Directive Principles.

Right to Constitutional Remedies

  1. Article 32 – Enforcement of Fundamental Rights: Empowers individuals to approach courts for enforcing Fundamental Rights.
  2. Article 33 – Modification for Armed Forces: Allows Parliament to restrict certain rights for armed forces and related personnel.
  3. Article 34 – Martial Law: Provides for the suspension of rights during martial law in specific areas.
  4. Article 35 – Legislation for Fundamental Rights: Grants Parliament the authority to enact laws to give effect to Fundamental Rights.

PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY

36. Article 36 – Definition: Explains the term “state” as applicable to this Part.
37. Application: Specifies that these principles are not enforceable by law but are fundamental in governance.
38. Social Order for Welfare: Directs the State to secure a just and equitable social order for the welfare of the people.
39. Principles of Policy: Guides the State on policies to ensure adequate means of livelihood, distribution of resources, and protection of children.
39A. Equal Justice and Free Legal Aid: Promotes equal justice and ensures free legal aid for citizens.
40. Organisation of Village Panchayats: Directs the State to establish self-governed village panchayats.
41. Right to Work, Education, and Assistance: Provides for the right to work, education, and public assistance in cases of unemployment, old age, or disability.
42. Humane Working Conditions: Ensures just working conditions and maternity relief.
43. Living Wage for Workers: Promotes living wages and decent standards of living for workers.
43A. Workers’ Participation in Management: Encourages worker participation in industrial management.
43B. Promotion of Cooperative Societies: Advocates for the growth of cooperative societies.
44. Uniform Civil Code: Aims to secure a uniform civil code for all citizens.
45. Free and Compulsory Education: Ensures free and compulsory education for children.
46. Welfare of Weaker Sections: Promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other disadvantaged sections.
47. Public Health and Nutrition: Assigns the State the duty to improve public health and nutrition standards.
48. Agriculture and Animal Husbandry: Promotes modern practices in agriculture and animal husbandry.
48A. Protection of Environment: Ensures the protection of the environment and wildlife.
49. Protection of Monuments: Safeguards monuments and objects of national importance.
50. Separation of Powers: Ensures the separation of the judiciary from the executive.
51. International Peace: Promotes international peace, security, and just relations among nations.

PART IVA: FUNDAMENTAL DUTIES

51A. Fundamental Duties: Lists the duties of every citizen, such as respecting the Constitution, cherishing national ideals, and protecting public property.

PART V: THE UNION

Chapter I: The Executive

The President and Vice-President
52. The President of India: Establishes the office of the President as the head of the Union.
53. Executive Power of the Union: States that the executive power is vested in the President.
54. Election of the President: Details the process of electing the President.
55. Manner of Election: Specifies how votes are distributed in presidential elections.
56. Term of Office: Defines the President’s term of five years.
57. Re-election Eligibility: Allows the President to seek re-election.
58. Qualifications: Lists the eligibility criteria to become president.
59. Conditions of Office: Specifies conditions like salary and restrictions while holding office.
60. Oath of Office: Outlines the oath or affirmation taken by the President.
61. Impeachment Process: Explains the process for impeaching the President.
62. Vacancy and Term: Details election timelines and terms for filling vacancies.
63. The Vice President: Establishes the office of the Vice President.
64. Vice President as Council Chairman: Makes the Vice President the ex-officio Chairman of the Rajya Sabha.
65. Acting as President: Outlines when the Vice President acts as the President.
66. Election of Vice President: Specifies the process for electing the Vice President.
67. Term of Office: Defines the term for the Vice President.
68. Vacancy in Vice President’s Office: Details timelines for filling the vacancy.
69. Oath of Office: Specifies the oath taken by the Vice President.
70. Presidential Contingencies: Explains procedures for unforeseen situations affecting the President’s duties.
71. Presidential and Vice-Presidential Elections: addresses matters related to elections for these offices.
72. Pardoning Powers: Gives the President authority to grant pardons or commute sentences.
73. Executive Power Extent: Defines the Union’s executive power scope.

Council of Ministers
74. Role of Council of Ministers: Advises the President in exercising executive powers.
75. Provisions for Ministers: Lays out provisions regarding the appointment, tenure, and accountability of ministers.

Attorney-General for India
76. Attorney-General: Establishes the office of the Attorney-General as the chief legal advisor to the Government of India.

Conduct of Government Business
77. Government Business: Specifies how the Union’s business is conducted.
78. Prime Minister’s Duties: Outlines the Prime Minister’s responsibility to keep the President informed about Union affairs.

CHAPTER II: PARLIAMENT

79. Constitution of Parliament

  • The Parliament consists of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

80. Composition of the Council of States (Rajya Sabha)

  • Rajya Sabha is composed of members representing the States and Union Territories, elected by the legislative assemblies of the States and nominated members appointed by the President.

81. Composition of the House of the People (Lok Sabha)

  • Lok Sabha is composed of directly elected representatives based on population and constituencies.

82. Readjustment after Each Census

  • Parliamentary constituencies and their boundaries are adjusted after every decennial census to reflect population changes.

83. Duration of Houses of Parliament

  • Rajya Sabha is a permanent body with staggered elections every two years.
  • Lok Sabha has a tenure of five years unless dissolved earlier.

84. Qualification for Membership of Parliament

  • A person must meet specified age, citizenship, and other qualifications to be eligible for election as a Member of Parliament.

85. Sessions of Parliament, Prorogation, and Dissolution

  • The President summons Parliament at least twice a year with no more than six months between sessions.

86. Right of President to Address and Send Messages to Houses

  • The President may address either or both Houses and send messages regarding legislation or other important matters.

87. Special Address by the President

  • At the beginning of the first session after a general election and the first session of each year, the President delivers a special address outlining the government’s policy agenda.

88. Rights of Ministers and Attorney-General Regarding Houses

  • Ministers and the Attorney-General can participate in proceedings of either House but cannot vote unless they are members.

Officers of Parliament

89. The Chairman and Deputy Chairman of the Council of States

  • The Vice-President is the ex-officio Chairman of Rajya Sabha.
  • Members elect a Deputy Chairman.

90. Vacation, Resignation, and Removal of Deputy Chairman

  • Specifies conditions for the Deputy Chairman’s removal, resignation, or vacation of office.

91. Powers of Deputy Chairman to Act as Chairman

  • Outlines the Deputy Chairman’s powers in the absence of the Chairman.

92. Chairman/Deputy Chairman Not to Preside During Removal Resolution

  • Prevents the Chairman or Deputy Chairman from presiding when a resolution for their removal is under consideration.

93. The Speaker and Deputy Speaker of the House of the People

  • Lok Sabha elects a Speaker and Deputy Speaker from its members.

94. Vacation, Resignation, and Removal of Speaker and Deputy Speaker

  • Specifies conditions for their removal, resignation, or vacation of office.

95. Powers of Deputy Speaker to Act as Speaker

  • Outlines the Deputy Speaker’s powers in the absence of the Speaker.

96. Speaker/Deputy Speaker Not to Preside During Removal Resolution

  • Prevents the Speaker or Deputy Speaker from presiding when a resolution for their removal is under consideration.

97. Salaries and Allowances of Parliamentary Officers

  • Determines the remuneration and allowances of the Chairman, Deputy Chairman, Speaker, and Deputy Speaker.

98. Secretariat of Parliament

  • Each House has its own Secretariat for independent administration.

Conduct of Business

99. Oath or Affirmation by Members

  • Members must take an oath or affirmation before taking their seat in Parliament.

100. Voting in Houses, Powers to Act Despite Vacancies, and Quorum

  • Decisions in either House are determined by a majority vote.
  • A minimum quorum is required for conducting business.

Disqualifications of Members

101. Vacation of Seats

  • Members cannot hold dual membership in Parliament and state legislatures or multiple constituencies without resigning from all but one.

102. Disqualifications for Membership

  • Specifies disqualifications such as unsound mind, insolvency, or allegiance to a foreign State.

103. Decision on Questions as to Disqualification

  • The President decides on disqualifications based on the advice of the Election Commission.

104. Penalty for Sitting and Voting When Disqualified

  • Imposes penalties for voting or sitting in Parliament when disqualified.

Powers, Privileges, and Immunities

105. Powers and Privileges of Parliament and Members

  • Grants Parliament and its members freedom of speech, immunity from court proceedings for parliamentary actions, and other privileges.

106. Salaries and Allowances of Members

  • Members are entitled to salaries and allowances as determined by law.

Legislative Procedure

107. Introduction and Passing of Bills

  • Bills may originate in either House, except Money Bills, which can only originate in Lok Sabha.

108. Joint Sitting of Both Houses

  • Provides for a joint session of both Houses to resolve deadlocks on Bills.

109. Special Procedure for Money Bills

  • Specifies that Money Bills can only be introduced in Lok Sabha and sent to Rajya Sabha for recommendations.

110. Definition of Money Bills

  • Defines Money Bills as those dealing with taxation, borrowing, expenditure, and related matters.

111. Assent to Bills

  • The President must either assent to or return a Bill for reconsideration. Money Bills cannot be returned.

Procedure in Financial Matters

112. Annual Financial Statement

  • The government must present a budget (Annual Financial Statement) to Parliament.

113. Procedure for Estimates in Parliament

  • Provisions for debating and approving budgetary estimates.

114. Appropriation Bills

  • Appropriation Bills authorize the withdrawal of funds from the Consolidated Fund of India.

115. Supplementary and Excess Grants

  • Covers procedures for additional funds required beyond budget estimates.

116. Votes on Account, Votes of Credit, and Exceptional Grants

  • Allows temporary funds, credit for emergencies, or specific grants.

117. Special Provisions for Financial Bills

  • Financial Bills require the President’s recommendation before introduction.

Procedure Generally

118. Rules of Procedure

  • Each House determines its own rules for conducting business.

119. Financial Procedure Regulation by Law

  • Parliament can regulate financial procedures through legislation.

120. Language in Parliament

  • Proceedings in Parliament are conducted in Hindi or English, with provisions for using other languages by law.

121. Restriction on Discussion in Parliament

  • No discussion is permitted in Parliament about the conduct of any judge of the Supreme Court or High Court in the discharge of their duties, except upon a motion for removal of a judge.

122. Courts Not to Inquire Into Parliamentary Proceedings

  • Courts cannot question the validity of parliamentary proceedings on grounds of alleged procedural irregularities.

CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT

123. Power of President to Promulgate Ordinances During Recess of Parliament

  • The President can promulgate ordinances when Parliament is not in session, and immediate action is necessary.
  • Ordinances have the same effect as laws but must be approved by Parliament within six weeks of reassembly, or they cease to operate.

CHAPTER IV: THE UNION JUDICIARY

124. Establishment and Constitution of the Supreme Court

  • The Supreme Court consists of a Chief Justice and a prescribed number of other judges, appointed by the President.

124A. National Judicial Appointments Commission (NJAC)

  • (Declared unconstitutional by the Supreme Court but not repealed by Parliament.)

124B. Functions of the NJAC

  • Outlines the role of the NJAC in judicial appointments and transfers.

124C. Power of Parliament to Make Laws on NJAC Matters

  • Empowers Parliament to legislate regarding the NJAC’s functions.

125. Salaries of Judges

  • Specifies the remuneration and allowances of Supreme Court judges.

126. Appointment of Acting Chief Justice

  • Allows the President to appoint an Acting Chief Justice when the Chief Justice is unavailable.

127. Appointment of Ad Hoc Judges

  • Enables the Chief Justice to appoint ad hoc judges from High Courts if required.

128. Attendance of Retired Judges

  • Retired Supreme Court judges may attend sittings to assist the Court, if requested.

129. Supreme Court to Be a Court of Record

  • The Supreme Court is a court of record with the authority to punish for contempt of itself.

130. Seat of the Supreme Court

  • The Supreme Court’s seat is in Delhi, but it may hold sittings elsewhere as decided by the Chief Justice with the President’s approval.

131. Original Jurisdiction of the Supreme Court

  • The Court has original jurisdiction in disputes between the Union and States or between States.

132. Appellate Jurisdiction in Constitutional Matters

  • The Supreme Court hears appeals involving substantial questions of constitutional law.

133. Appellate Jurisdiction in Civil Matters

  • Civil appeals may be heard if the case involves significant legal interpretation.

134. Appellate Jurisdiction in Criminal Matters

  • Provides for appeals in criminal cases from High Courts under specified conditions.

134A. Certificate for Appeal to the Supreme Court

  • High Courts must certify cases for appeal to the Supreme Court if significant legal issues arise.

135. Federal Court Jurisdiction

  • Allows the Supreme Court to exercise the jurisdiction of the Federal Court under existing laws.

136. Special Leave to Appeal

  • The Supreme Court may grant special leave to appeal in any case, except those from military tribunals.

137. Review of Judgments

  • The Supreme Court may review its own judgments or orders.

138. Enlargement of Jurisdiction

  • Parliament may expand the Supreme Court’s jurisdiction by law.

139. Powers to Issue Writs

  • The Supreme Court can issue writs for enforcing fundamental rights.

139A. Transfer of Cases

  • Empowers the Supreme Court to transfer cases between High Courts or to itself for justice.

140. Ancillary Powers

  • Parliament may grant additional powers to the Supreme Court for proper functioning.

141. Binding Nature of Supreme Court Decisions

  • Supreme Court decisions are binding on all courts in India.

142. Enforcement of Supreme Court Orders

  • The Court has wide-ranging powers to pass orders necessary for justice and enforce its decrees.

143. Presidential Reference

  • The President can seek the Supreme Court’s opinion on legal or constitutional matters.

144. Obligation of Civil and Judicial Authorities

  • All authorities must act in aid of the Supreme Court.

145. Rules of Court

  • The Supreme Court determines its own rules of procedure.

146. Officers and Expenses of the Supreme Court

  • Details the administration and financial matters of the Supreme Court.

147. Interpretation

  • Defines “judgment,” “order,” and “decree” concerning the Supreme Court’s jurisdiction.

CHAPTER V: COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148. Comptroller and Auditor-General of India (CAG)

  • The CAG is appointed by the President to oversee the Union and States’ finances.

149. Duties and Powers of CAG

  • The CAG audits accounts of the Union, States, and public authorities.

150. Form of Accounts

  • Accounts of the Union and States are maintained in a form prescribed by the President on CAG’s advice.

151. Audit Reports

  • CAG submits audit reports to the President, who places them before Parliament.

PART VI: THE STATES

CHAPTER I: GENERAL

152. Definition of “State”

  • Defines “State” in the context of the Constitution, excluding Union Territories unless specified.

CHAPTER II: THE EXECUTIVE

The Governor

153. Governors of States

  • Each State shall have a Governor. One person may serve as Governor for two or more States.

154. Executive Power of the State

  • The Governor holds the executive power, exercised directly or through officers subordinate to them.

155. Appointment of Governor

  • The President appoints the Governor.

156. Term of Office of Governor

  • Governors hold office at the President’s pleasure and serve a term of five years unless removed earlier.

157. Qualifications for Appointment as Governor

  • A Governor must be a citizen of India and at least 35 years old.

158. Conditions of Governor’s Office

  • A Governor cannot hold any other office of profit, cannot be a member of the legislature, and is entitled to emoluments, allowances, and privileges.

159. Oath or Affirmation by the Governor

  • Governors take an oath to preserve, protect, and defend the Constitution and the law.

160. Discharge of Governor’s Functions in Certain Contingencies

  • If necessary, the President may make arrangements for the discharge of the Governor’s functions.

161. Power of Governor to Grant Pardons, etc.

  • The Governor has the power to grant pardons, reprieves, remissions, or commutations of sentences in specific cases.

162. Extent of Executive Power of State

  • The executive power of a State extends to matters on which the State Legislature has authority to make laws.

Council of Ministers

163. Council of Ministers to Aid and Advise the Governor

  • The Governor is advised by the Council of Ministers, headed by the Chief Minister.

164. Other Provisions as to Ministers

  • Ministers are appointed by the Governor on the Chief Minister’s advice. Includes provisions about the salaries and tenure of Ministers.

The Advocate-General for the State

165. Advocate-General for the State

  • Each State has an Advocate-General, appointed by the Governor, to advise on legal matters.

Conduct of Government Business

166. Conduct of Business of the Government of a State

  • All executive actions are expressed to be taken in the Governor’s name.

167. Duties of Chief Minister

  • The Chief Minister must keep the Governor informed about State affairs and decisions of the Council of Ministers.

CHAPTER III: THE STATE LEGISLATURE

General

168. Constitution of Legislatures in States

  • States have either a unicameral legislature (Legislative Assembly) or a bicameral legislature (Legislative Council and Legislative Assembly).

169. Abolition or Creation of Legislative Councils

  • Parliament may abolish or create Legislative Councils in States based on a resolution passed by the State Legislative Assembly.

170. Composition of the Legislative Assemblies

  • The Legislative Assembly is composed of directly elected members based on population.

171. Composition of the Legislative Councils

  • The Legislative Council consists of members elected by various electorates and nominated by the Governor.

172. Duration of State Legislatures

  • The Legislative Assembly and Council, where applicable, have a term of five years, subject to dissolution.

173. Qualifications for Membership of the State Legislature

  • A person must be a citizen of India, meet age requirements, and possess other qualifications specified by law.

174. Sessions of the State Legislature

  • The Governor summons the Legislature at least once every six months.

175. Right of Governor to Address and Send Messages to the Legislature

  • The Governor may address and send messages to the State Legislature.

176. Special Address by the Governor

  • The Governor addresses the State Legislature at the start of its first session each year.

177. Rights of Ministers and Advocate-General as Respects the Houses

  • Ministers and the Advocate-General have the right to speak in State Legislatures but cannot vote unless members.

178. The Speaker and Deputy Speaker of the Legislative Assembly

  • The Legislative Assembly elects a Speaker and Deputy Speaker to preside over its sessions.

179. Vacation and Resignation of, and Removal from, the Offices of Speaker and Deputy Speaker

  • Outlines procedures for vacating, resigning, or removing the Speaker or Deputy Speaker.

180. Power of the Deputy Speaker or Other Person to Perform Duties of the Office of Speaker

  • In the absence of the Speaker, the Deputy Speaker or another designated person may preside.

181. The Speaker or the Deputy Speaker Not to Preside While a Resolution for Their Removal is Under Consideration

  • Neither the Speaker nor the Deputy Speaker can preside while a resolution for their removal is being debated.

182. The Chairman and Deputy Chairman of the Legislative Council

  • Legislative Councils elect a Chairman and Deputy Chairman.

183. Vacation and Resignation of, and Removal from, the Offices of Chairman and Deputy Chairman

  • Specifies conditions for vacating, resigning, or removing the Chairman or Deputy Chairman.

184. Power of the Deputy Chairman or Other Person to Perform Duties of Chairman

  • In the absence of the Chairman, the Deputy Chairman or another designated person may preside.

185. The Chairman or the Deputy Chairman Not to Preside While a Resolution for Their Removal is Under Consideration

  • Neither the Chairman nor the Deputy Chairman can preside during discussions on their removal.

186. Salaries and Allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

  • Provides for the payment of salaries and allowances to the respective office bearers.

187. Secretariat of State Legislature

  • Each State Legislature has its own secretariat with staff as prescribed by law.

Conduct of Business

188. Oath or Affirmation by Members

  • Members must take an oath or affirmation before participating in the proceedings.

189. Voting in Houses, Power of Houses to Act Notwithstanding Vacancies, and Quorum

  • Specifies rules for voting, quorum requirements, and functioning despite vacancies.

Disqualifications of Members

190. Vacation of Seats

  • Members must vacate their seats upon resignation, disqualification, or other prescribed reasons.

191. Disqualifications for Membership

  • Lists conditions under which individuals are disqualified from being members of the State Legislature.

192. Decision on Questions as to Disqualifications of Members

  • The Governor decides questions regarding disqualifications based on the Election Commission’s advice.

193. Penalty for Sitting and Voting Before Making Oath or Affirmation or When Disqualified

  • Members face penalties for sitting or voting without fulfilling eligibility or oath requirements.

Powers, Privileges, and Immunities of State Legislatures and Their Members

194. Powers, Privileges, etc., of the Houses of State Legislatures and of the Members and Committees Thereof

  • State Legislatures and their members have certain powers, privileges, and immunities defined by law.

195. Salaries and Allowances of Members

  • Provides for the payment of salaries and allowances to State Legislature members.

Legislative Procedure

196. Provisions as to Introduction and Passing of Bills

  • Bills can be introduced in either House of the Legislature, subject to certain conditions.

197. Restriction on Powers of Legislative Council as to Bills Other than Money Bills

  • Specifies the limits of the Legislative Council’s powers regarding non-Money Bills.

198. Special Procedure in Respect of Money Bills

  • Details the procedure for Money Bills in State Legislatures.

199. Definition of “Money Bills”

  • Defines Money Bills based on their content, including taxation and expenditure matters.

200. Assent to Bills

  • The Governor may assent, withhold assent, or reserve bills for the President’s consideration.

201. Bills Reserved for Consideration

  • Bills reserved for the President’s consideration may be approved, returned with recommendations, or rejected.

Procedure in Financial Matters

202. Annual Financial Statement

  • The Governor presents the annual financial statement (budget) to the Legislature.

203. Procedure in Legislature with Respect to Estimates

  • Discusses the procedure for considering budget estimates.

204. Appropriation Bills

  • The Legislature must pass appropriation bills to authorize withdrawal of funds from the State treasury.

205. Supplementary, Additional, or Excess Grants

  • Provides for supplementary, additional, or excess grants when necessary.

206. Votes on Account, Votes of Credit, and Exceptional Grants

  • Allows for provisional funds, grants for unforeseen demands, and exceptional situations.

207. Special Provisions as to Financial Bills

  • Financial bills can only be introduced with the Governor’s recommendation.

Procedure Generally

208. Rules of Procedure

  • Each House of the State Legislature determines its own rules of procedure.

209. Regulation by Law of Procedure in the Legislature in Relation to Financial Business

  • Financial procedures are regulated by law to ensure consistency.

210. Language to Be Used in the Legislature

  • State Legislatures conduct business in the State’s official language(s) or Hindi/English.

211. Restriction on Discussion in the Legislature

  • Legislatures cannot discuss the conduct of judges of higher courts except for removal proceedings.

212. Courts Not to Inquire into Proceedings of the Legislature

  • Courts cannot question the validity of legislative proceedings based on procedural irregularities.

CHAPTER IV: LEGISLATIVE POWER OF THE GOVERNOR

213. Power of Governor to Promulgate Ordinances During Recess of Legislature

  • The Governor may promulgate ordinances when the State Legislature is not in session.

CHAPTER V: THE HIGH COURTS IN THE STATES

214. High Courts for States

  • Establishes High Courts for each State or group of States.

215. High Courts to Be Courts of Record

  • High Courts are courts of record with all associated powers.

216. Constitution of High Courts

  • Specifies the composition of High Courts, including the Chief Justice and other judges.

217. Appointment and Conditions of the Office of a Judge of a High Court

  • Details the process for appointing High Court judges and their tenure.

218. Application of Certain Provisions Relating to Supreme Court to High Courts

  • Certain provisions applicable to Supreme Court judges also apply to High Court judges.

219. Oath or Affirmation by Judges of High Courts

  • Judges must take an oath or affirmation before assuming office.

220. Restriction on Practice After Being a Permanent Judge

  • Permanent judges are restricted from practicing law in any court or before any authority in India.

221. Salaries, etc., of Judges

  • Provides for the determination and payment of judges’ salaries and allowances.

222. Transfer of a Judge from One High Court to Another

  • Allows for the transfer of judges between High Courts by the President.

223. Appointment of Acting Chief Justice

  • When required, an acting Chief Justice may be appointed for a High Court.

224. Appointment of Additional and Acting Judges

  • Provisions for the appointment of additional or acting judges to handle increased workload.

224A. Appointment of Retired Judges at Sittings of High Courts

  • Retired judges may be requested to serve temporarily in High Courts.

225. Jurisdiction of Existing High Courts

  • Retains the jurisdiction and powers of existing High Courts unless altered by law.

226. Power of High Courts to Issue Certain Writs

  • High Courts have the power to issue writs for enforcing fundamental rights and other purposes.

226A. [Repealed]

227. Power of Superintendence Over All Courts by the High Court

  • High Courts have supervisory authority over all subordinate courts within their jurisdiction.

228. Transfer of Certain Cases to the High Court

  • The High Court may withdraw and adjudicate cases involving constitutional interpretation.

228A. [Repealed]

229. Officers and Servants and the Expenses of High Courts

  • High Courts have the authority to appoint their staff, and expenses are charged to the Consolidated Fund.

230. Extension of Jurisdiction of High Courts to Union Territories

  • Jurisdiction of High Courts may be extended to Union Territories by law.

231. Establishment of a Common High Court for Two or More States

  • Parliament may establish a single High Court for two or more States.

CHAPTER VI: SUBORDINATE COURTS

233. Appointment of District Judges

  • District judges are appointed by the Governor in consultation with the High Court.

233A. Validation of Appointments of and Judgments, etc., Delivered by Certain District Judges

  • Provides for the validation of appointments and judgments made by certain district judges.

234. Recruitment of Persons Other than District Judges to the Judicial Service

  • Appointments to the judicial service below the level of district judges are governed by rules made by the Governor.

235. Control Over Subordinate Courts

  • High Courts exercise control over subordinate courts, including disciplinary matters.

236. Interpretation

  • Defines key terms used in this chapter.

237. Application of the Provisions of This Chapter to Certain Classes of Magistrates

  • Permits the application of these provisions to certain classes of magistrates as deemed necessary.

PART VII: THE STATES IN PART B OF THE FIRST SCHEDULE

238. [Repealed]

  • The provisions related to Part B States were repealed by the Constitution (Seventh Amendment) Act, 1956.

PART VIII: THE UNION TERRITORIES

239. Administration of Union Territories

  • Union Territories are administered by the President through an Administrator appointed by him.

239A. Creation of Local Legislatures or Council of Ministers or Both for Certain Union Territories

  • Provides for the establishment of legislatures or councils of ministers for Union Territories by law.

239AA. Special Provisions with Respect to Delhi

  • Grants the National Capital Territory of Delhi a Legislative Assembly and Council of Ministers.

239AB. Provision in Case of Failure of Constitutional Machinery

  • Empowers the President to make provisions for administering Delhi in case of failure of constitutional machinery.

239B. Power of the Administrator to Promulgate Ordinances During Recess of Legislature

  • Allows the Administrator to promulgate ordinances when the legislature is not in session.

240. Power of the President to Make Regulations for Certain Union Territories

  • The President can make regulations for Union Territories without legislatures.

241. High Courts for Union Territories

  • Parliament may establish High Courts for Union Territories or extend the jurisdiction of High Courts in States.

242. [Repealed]

PART IX: THE PANCHAYATS

243. Definitions

  • Defines terms related to Panchayats.

243A. Gram Sabha

  • Establishes Gram Sabhas comprising all voters in a village.

243B. Constitution of Panchayats

  • States must constitute Panchayats at the village, intermediate, and district levels.

243C. Composition of Panchayats

  • Specifies the composition and representation in Panchayats.

243D. Reservation of Seats

  • Provides for reservation of seats for Scheduled Castes, Scheduled Tribes, and women in Panchayats.

243E. Duration of Panchayats, etc.

  • Panchayats have a term of five years unless dissolved earlier.

243F. Disqualifications for Membership

  • Specifies qualifications and disqualifications for Panchayat membership.

243G. Powers, Authority, and Responsibilities of Panchayats

  • Panchayats are entrusted with preparing and implementing plans for economic development and social justice.

243H. Powers to Impose Taxes by, and Funds of, the Panchayats

  • Panchayats can levy taxes, duties, and fees as authorized by the State.

243I. Constitution of Finance Commission to Review Financial Position

  • A Finance Commission is constituted to evaluate the financial position of Panchayats.

243J. Audit of Accounts of Panchayats

  • Provisions for auditing Panchayat accounts.

243K. Elections to the Panchayats

  • State Election Commissions are responsible for conducting elections to Panchayats.

243L. Application to Union Territories

  • Extends provisions of Part IX to Union Territories.

243M. Part Not to Apply to Certain Areas

  • Exempts certain scheduled areas and tribal regions from Part IX unless specified by law.

243N. Continuance of Existing Laws and Panchayats

  • Existing laws and Panchayats continue until reconstituted under this Part.

243O. Bar to Interference by Courts in Electoral Matters

  • Courts cannot interfere in matters related to Panchayat elections.

PART IXA: THE MUNICIPALITIES

243P. Definitions

  • Defines terms related to Municipalities.

243Q. Constitution of Municipalities

  • States must constitute Nagar Panchayats, Municipal Councils, and Municipal Corporations based on population and other criteria.

243R. Composition of Municipalities

  • Specifies the composition of Municipalities, including elected representatives and, if necessary, appointed members.

243S. Constitution and Composition of Wards Committees, etc.

  • Wards Committees are constituted for certain Municipalities.

243T. Reservation of Seats

  • Provides for reservation of seats for Scheduled Castes, Scheduled Tribes, and women in Municipalities.

243U. Duration of Municipalities, etc.

  • Municipalities have a term of five years unless dissolved earlier.

243V. Disqualifications for Membership

  • Specifies qualifications and disqualifications for Municipal membership.

243W. Powers, Authority, and Responsibilities of Municipalities, etc.

  • Municipalities are entrusted with preparing and implementing plans for economic development and social justice.

243X. Power to Impose Taxes by, and Funds of, the Municipalities

  • Municipalities can levy taxes, duties, and fees as authorized by the State.

243Y. Finance Commission

  • A Finance Commission is constituted to review the financial position of Municipalities.

243Z. Audit of Accounts of Municipalities

  • Provisions for auditing Municipal accounts.

243ZA. Elections to the Municipalities

  • State Election Commissions are responsible for conducting elections to Municipalities.

243ZB. Application to Union Territories

  • Extends provisions of Part IXA to Union Territories.

243ZC. Part Not to Apply to Certain Areas

  • Exempts certain scheduled areas and tribal regions from Part IXA unless specified by law.

243ZD. Committee for District Planning

  • Provides for the establishment of District Planning Committees to prepare development plans for the district.

243ZE. Committee for Metropolitan Planning

  • Provides for the establishment of Metropolitan Planning Committees for metropolitan areas.

243ZF. Continuance of Existing Laws and Municipalities

  • Existing laws and Municipalities continue until reconstituted under this Part.

243ZG. Bar to Interference by Courts in Electoral Matters

  • Courts cannot interfere in matters related to Municipal elections.

PART X: THE SCHEDULED AND TRIBAL AREAS

244. Administration of Scheduled Areas and Tribal Areas

  • Establishes mechanisms for the administration and governance of Scheduled Areas and Tribal Areas to ensure the protection and development of indigenous populations.

244A. Formation of an Autonomous State and Creation of Local Legislatures or Councils of Ministers in Assam

  • Empowers the formation of an autonomous state comprising specific tribal areas in Assam.
  • Allows for the creation of local legislatures or councils of ministers, or both, within these autonomous regions to facilitate self-governance.

PART XI: RELATIONSHIPS BETWEEN THE UNION AND THE STATES

CHAPTER I: Legal Relationships

245. Extent of Laws Made by Parliament and by the Legislatures of States

  • Defines the scope and boundaries of legislative powers between the Union Parliament and State Legislatures to prevent overlaps and conflicts.

246. Subject-Matter of Laws Made by Parliament and by the Legislatures of States

  • Specifies the subjects on which the Union and State Legislatures can legislate, ensuring a clear division of powers.

246A. Special Provision with Respect to Goods and Services Tax (GST)

  • Introduces special provisions governing the implementation and administration of the Goods and Services Tax across Union and State jurisdictions.

247. Power of Parliament to Provide for the Establishment of Certain Additional Courts

  • Grants Parliament the authority to establish additional courts as deemed necessary for the effective administration of justice.

248. Residuary Powers of Legislation

  • Empowers Parliament to legislate on any subject not explicitly mentioned in the State or Union Lists, known as residuary powers.

249. Power of Parliament to Legislate on State List Matters in National Interest

  • Allows Parliament to make laws on matters enumerated in the State List if deemed necessary in the national interest.

250. Power of Parliament to Legislate on State List Matters During Emergency

  • Permits Parliament to legislate on State List subjects during a Proclamation of Emergency to address urgent national issues.

251. Inconsistency Between Laws Made by Parliament and by State Legislatures

  • Declares that in case of any inconsistency between Union and State laws on the same subject, the Union law prevails.

252. Power of Parliament to Legislate for Two or More States with Consent and Adoption

  • Enables Parliament to enact laws applicable to two or more States with the consent of those States and subsequent adoption by other States.

253. Legislation for Giving Effect to International Agreements

  • Grants Parliament the authority to pass laws necessary for implementing international agreements entered into by the Union.

254. Inconsistency Between Laws Made by Parliament and by State Legislatures

  • Reiterates that Union laws have precedence over State laws in case of any conflict or inconsistency.

255. Recommendations and Previous Sanctions as Procedural Matters Only

  • Specifies that recommendations and prior approvals related to legislative matters are to be treated strictly as procedural requirements without substantive legal implications.

CHAPTER II: Administerial Relations

256. Obligation of States and the Union

  • Imposes mutual obligations on States and the Union to cooperate in governance, ensuring harmonious administration and adherence to constitutional provisions.

257. Control of the Union Over States in Certain Cases

  • Outlines scenarios where the Union exercises control over State governance, such as during financial instability or constitutional crises.

257A. [Repealed]

  • This provision has been repealed and is no longer in effect.

258. Power of the Union to Confer Powers on States in Certain Cases

  • Empowers the Union to delegate specific powers to States under particular circumstances to enhance administrative efficiency.

258A. Power of the States to Entrust Functions to the Union

  • Allows States to delegate certain administrative functions to the Union, promoting cooperative federalism.

259. [Repealed]

  • This provision has been repealed and is no longer in effect.

260. Jurisdiction of the Union in Relation to Territories Outside India

  • Defines the Union’s authority and responsibilities concerning territories beyond India’s mainland, ensuring proper governance and legal oversight.

261. Public Acts, Records, and Judicial Proceedings

  • Governs the handling, preservation, and accessibility of public acts, official records, and judicial proceedings to maintain transparency and accountability.

262. Adjudication of Disputes Relating to Waters of Interstate Rivers or River Valleys

  • Establishes procedures for resolving disputes over water resources shared between States, ensuring equitable distribution and management.

263. Provisions with Respect to an Interstate Council

  • Mandates the formation and functioning of an Interstate Council to facilitate dialogue, coordination, and cooperation among States and the Union on various administrative matters.

PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I: FINANCE

264. Interpretation

  • Provides definitions and clarifications for financial terms and provisions used throughout this chapter to ensure consistent understanding and application.

265. Taxes Not to Be Imposed Save by Authority of Law

  • Prohibits the imposition of any tax unless it is authorized by an existing law, safeguarding against arbitrary taxation.

266. Consolidated Funds and Public Accounts of India and of the States

  • Establishes separate Consolidated Funds and Public Accounts for the Union and each State to manage public finances systematically.

267. Contingency Fund

  • Creates a Contingency Fund for the Union and States to cover unforeseen expenditures, ensuring financial flexibility during emergencies.

Distribution of Revenues Between the Union and the States

268. Duties Levied by the Union but Collected and Appropriated by the States

  • Allows the Union to levy certain taxes while permitting States to collect and utilize the revenues, fostering financial autonomy.

268A. [Repealed]

  • This provision has been repealed and is no longer in effect.

269. Taxes Levied and Collected by the Union but Assigned to the States

  • Permits the Union to levy taxes and subsequently assign portions of the collected revenues to States for their use.

269A. Levy and Collection of Goods and Services Tax in Interstate Trade or Commerce

  • Introduces provisions for the levy and collection of the Goods and Services Tax (GST) on interstate transactions, streamlining taxation across States.

270. Taxes Levied and Distributed Between the Union and the States

  • Details the division of tax revenues between the Union and States, ensuring a fair distribution based on legislative agreements.

271. Surcharge on Certain Duties and Taxes for Purposes of the Union

  • Allows the Union to impose additional surcharges on specific duties and taxes to fund national initiatives or obligations.

272. [Repealed]

  • This provision has been repealed and is no longer in effect.

273. Grants in Lieu of Export Duty on Jute and Jute Products

  • Provides for financial grants to compensate for the export duties imposed on jute and jute products, supporting the industry.

274. Prior Recommendation of President Required for Bills Affecting Taxation in Which States Are Interested

  • Mandates that any bill affecting taxation matters in which States have a stake must receive prior recommendations from the President.

275. Grants from the Union to Certain States

  • Enables the Union to provide financial grants to specific States based on need, development objectives, or other criteria.

276. Taxes on Professions, Trades, Callings, and Employments

  • Grants States the authority to levy taxes on professional services, trades, vocations, and employments within their jurisdiction.

277. Savings

  • Ensures that existing financial arrangements and legislations remain unaffected by new laws unless explicitly altered.

278. [Repealed]

  • This provision has been repealed and is no longer in effect.

279. Calculation of “Net Proceeds”

  • Defines the method for calculating “net proceeds” from taxation, ensuring accurate financial assessments and distributions.

279A. Goods and Services Tax (GST) Council

  • Establishes the GST Council to oversee the implementation, administration, and regulation of the Goods and Services Tax across the Union and States.

280. Finance Commission

  • Constitutes the Finance Commission to recommend the distribution of tax revenues between the Union and the States.

281. Recommendations of the Finance Commission

  • Outlines the process for implementing the Finance Commission’s recommendations, ensuring fiscal federalism and balanced economic growth.

Miscellaneous Financial Provisions

282. Expenditure Defrayable by the Union or a State Out of Its Revenues

  • Specifies the types of expenditures that the Union or a State can cover using its own revenue, promoting fiscal responsibility.

283. Custody, etc., of Consolidated Funds, Contingency Funds, and Moneys Credited to the Public Accounts

  • Details the management and safeguarding of the Consolidated Funds, Contingency Funds, and Public Accounts to ensure financial integrity.

284. Custody of Suitors’ Deposits and Other Moneys Received by Public Servants and Courts

  • Regulates the handling and custody of deposits and funds received by public officials and judicial bodies, preventing misuse.

285. Exemption of Property of the Union from State Taxation

  • Declares that the property owned by the Union is exempt from taxation by the States, ensuring federal property remains unburdened by state levies.

286. Restrictions as to Imposition of Tax on the Sale or Purchase of Goods

  • Imposes limitations on States regarding the taxation of goods sales or purchases to maintain uniformity and prevent trade barriers.

287. Exemption from Taxes on Electricity

  • Grants exemptions from taxation on electricity to promote affordable energy access and usage.

288. Exemption from Taxation by States in Respect of Water or Electricity in Certain Cases

  • Provides specific cases where States are exempted from taxing water or electricity, supporting essential services and infrastructure.

289. Exemption of Property and Income of a State from Union Taxation

  • Ensures that property and income belonging to States are exempt from taxation by the Union, preserving state financial autonomy.

290. Adjustment in Respect of Certain Expenses and Pensions

  • Allows for adjustments in financial accounts to account for specific expenses and pension liabilities, ensuring accurate fiscal records.

290A. Annual Payment to Certain Devaswom Funds

  • Mandates the Union to make annual payments to designated Devaswom Funds for the administration of religious institutions.

291. [Repealed]

  • This provision has been repealed and is no longer in effect.

PART XIII: TRADE, COMMERCE, AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301. Freedom of trade, commerce, and intercourse

  • Guarantees freedom for trade, commerce, and intercourse throughout the territory of India.

302. Power of Parliament to impose restrictions on trade, commerce, and intercourse

  • Empowers Parliament to impose restrictions on this freedom in the public interest.

303. Restrictions on the legislative powers of the Union and States with regard to trade and commerce

  • Prohibits discrimination between States in trade or commerce unless required to address public interest concerns.

304. Restrictions on trade, commerce, and intercourse among States

  • Allows State Legislatures to impose reasonable restrictions on trade, commerce, and intercourse, subject to constitutional provisions.

305. Saving of existing laws and laws providing for State monopolies

  • Protects existing laws and allows the creation of State monopolies, ensuring these do not conflict with trade freedom.

306. [Repealed]

  • This article has been repealed.

307. Appointment of authority for carrying out the purposes of Articles 301 to 304

  • Enables Parliament to appoint appropriate authorities to oversee the implementation of these provisions.

PART XIV: SERVICES UNDER THE UNION AND THE STATES

CHAPTER I: Services

308. Interpretation

  • Defines “State” for this Part to include Union Territories.

309. Recruitment and conditions of service of persons serving the Union or a State

  • Empowers Parliament and State Legislatures to regulate recruitment and service conditions.

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

  • States that all persons hold office at the pleasure of the President or the Governor.

311. Dismissal, removal, or reduction in rank of persons employed in civil capacities under the Union or a State

  • Provides safeguards against arbitrary dismissal or reduction in rank.

312. All-India services

  • Allows for the creation of all-India services, such as the IAS and IPS.

313. Transitional provisions

  • Provides transitional arrangements for existing services after the Constitution’s commencement.

314. [Repealed]

  • This article has been repealed.

CHAPTER II: Public Service Commissions

315. Public Service Commissions for the Union and for the States

  • Establishes Public Service Commissions for the Union and States.

316. Appointment and term of office of members

  • Details the appointment process and tenure of members of the Public Service Commissions.

317. Removal and suspension of a member of a Public Service Commission

  • Provides the procedure for the removal or suspension of members.

318. Power to make regulations as to conditions of service of members and staff

  • Allows regulations governing the service conditions of Commission members and staff.

319. Prohibition as to the holding of offices by members on ceasing to be members

  • Bars members from holding certain offices post their tenure.

320. Functions of Public Service Commissions

  • Specifies the roles and responsibilities, including conducting examinations and advising on service matters.

321. Power to extend functions of Public Service Commissions

  • Empowers the extension of the Commissions’ functions as necessary.

322. Expenses of Public Service Commissions

  • States that expenses shall be charged on the Consolidated Fund of India or the respective State.

323. Reports of Public Service Commissions

  • Mandates annual reporting to the President or Governor on the Commission’s work.

PART XIVA: TRIBUNALS

323A. Administrative tribunals

  • Provides for the establishment of tribunals to adjudicate disputes related to public service.

323B. Tribunals for other matters

  • Allows for the creation of tribunals to handle other specific issues, such as taxation, labor disputes, and elections.

PART XV: ELECTIONS

324. Superintendence, direction, and control of elections to be vested in an Election Commission

  • Establishes the Election Commission of India as the authority for overseeing elections.

325. No person to be ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex

  • Ensures universal suffrage and prohibits discrimination in electoral rolls.

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

  • Mandates adult suffrage (all citizens 18 and above) as the basis for elections.

327. Power of Parliament to make provisions with respect to elections to legislatures

  • Grants Parliament the authority to legislate on election procedures.

328. Power of Legislature of a State to make provisions with respect to elections to such Legislature

  • Empowers State Legislatures to make laws regarding State elections.

329. Bar to interference by courts in electoral matters

  • Restricts courts from interfering in electoral processes except through specific provisions.

329A. [Repealed]

  • This article has been repealed.

PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

  • Ensures reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha.

331. Representation of the Anglo-Indian community in the House of the People

  • Provides for the representation of Anglo-Indians by nomination in the Lok Sabha (now removed by the 104th Amendment).

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

  • Ensures reservation for SCs and STs in State Assemblies.

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

  • Allows nomination of Anglo-Indians to State Assemblies (now removed by the 104th Amendment).

334. Reservation of seats and special representation to cease after a specified period

  • Initially provided a 10-year timeline for reservations, extended periodically by amendments.

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts

  • Directs consideration of SC/ST claims in public employment while maintaining efficiency.

336. Special provision for Anglo-Indian community in certain services

  • Provides for the reservation of posts for the Anglo-Indian community in certain services for a specified period (now obsolete).

337. Special provision with respect to educational grants for the Anglo-Indian community

  • Ensures educational grants for the Anglo-Indian community for a specific period.

338. National Commission for Scheduled Castes

  • Establishes the National Commission for Scheduled Castes (NCSC) to safeguard their rights.

338A. National Commission for Scheduled Tribes

  • Establishes the National Commission for Scheduled Tribes (NCST) for the protection of their interests.

338B. National Commission for Backward Classes

  • Constitutes a commission for the backward classes to address their issues.

339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

  • Grants Union control over policies related to Scheduled Areas and Tribes.

340. Appointment of a commission to investigate the conditions of backward classes

  • Allows the President to appoint a commission to examine backward classes’ conditions and suggest measures.

341. Scheduled Castes

  • Empowers the President to specify Scheduled Castes for different regions via notifications.

342. Scheduled Tribes

  • Empowers the President to specify Scheduled Tribes for different regions via notifications.

342A. Socially and Educationally Backward Classes

  • Provides for the specification of Socially and Educationally Backward Classes by the President.

343. Official language of the Union

  • Declares Hindi in the Devanagari script as the official language of the Union, with English as an associate language for certain purposes.

PART XVII: OFFICIAL LANGUAGE

CHAPTER I: LANGUAGE OF THE UNION

343. Official language of the Union

  • As stated above, Hindi is the official language of the Union.

344. Commission and Committee of Parliament on official language

  • Mandates the appointment of a commission and a parliamentary committee to promote Hindi.

CHAPTER II: REGIONAL LANGUAGES

345. Official language or languages of a State

  • Allows State Legislatures to adopt one or more languages for official purposes.

346. Official language for communication between one State and another or with the Union

  • Specifies that Hindi or English will be used for inter-State and Union communication unless otherwise agreed.

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

  • Empowers the President to recognize a language for a specific section of a State’s population.

CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

  • Specifies English for Supreme Court, High Courts, and legislation unless Parliament provides otherwise.

349. Special procedure for enactment of certain laws relating to language

  • Outlines the special procedure for laws concerning the language of the Union and States.

CHAPTER IV: SPECIAL DIRECTIVES

350. Language to be used in representations for redress of grievances

  • Allows citizens to submit grievances in any language used in the Union or State.

350A. Facilities for instruction in mother tongue at the primary stage

  • Directs States to provide education in the child’s mother tongue at the primary level.

350B. Special Officer for linguistic minorities

  • Mandates the appointment of a Special Officer to safeguard linguistic minorities’ rights.

351. Directive for development of the Hindi language

  • Encourages the development of Hindi to serve as the common language of the country.

PART XVIII: EMERGENCY PROVISIONS

352. Proclamation of Emergency

  • Empowers the President to declare a state of emergency due to war, external aggression, or armed rebellion.

353. Effect of Proclamation of Emergency

  • Extends the Union’s power to legislate and execute in States during an emergency.

354. Application of provisions relating to the distribution of revenues while a Proclamation of Emergency is in operation

  • Permits modification of revenue-sharing arrangements during an emergency.

355. Duty of the Union to protect States against external aggression and internal disturbance

  • Obligates the Union to safeguard States.

356. Provisions in case of failure of constitutional machinery in States

  • Empowers the President to assume functions of a State Government during constitutional breakdown (President’s Rule).

357. Exercise of legislative powers under Proclamation issued under article 356

  • Details how legislative powers are exercised during President’s Rule.

358. Suspension of provisions of article 19 during emergencies

  • Article 19 rights are suspended during emergencies involving war or external aggression.

359. Suspension of the enforcement of fundamental rights during emergencies

  • Allows suspension of enforcement of certain Fundamental Rights during emergencies.

359A. [Repealed.]

360. Provisions as to financial emergency

  • Authorizes the President to declare a financial emergency if the financial stability of India or a part thereof is threatened.

PART XIX: MISCELLANEOUS

361. Protection of President and Governors and Rajpramukhs

  • Grants immunity to the President and Governors from legal proceedings during their term.

361A. Protection of publication of proceedings of Parliament and State Legislatures

  • Protects bona fide publication of parliamentary proceedings.

361B. Disqualification for appointment on remunerative political posts

  • Disqualifies members of legislatures from certain posts for a period after resignation or removal.

362. [Repealed.]

363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

  • Prevents courts from questioning agreements made with Indian rulers before independence.

363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished

  • Abolishes privileges and privy purses of former rulers.

364. Special provisions as to major ports and aerodromes

  • Empowers the Union to control ports and aerodromes in the interest of the nation.

365. Effect of failure to comply with, or to give effect to, directions given by the Union

  • Empowers the President to act in case a State fails to comply with Union directives.

366. Definitions

  • Provides definitions for various terms used in the Constitution.

367. Interpretation

  • Provides rules for interpreting the Constitution.

PART XX: AMENDMENT OF THE CONSTITUTION

368. Power of Parliament to amend the Constitution and procedure therefor

  • Empowers Parliament to amend the Constitution with specified procedures.

PART XXI: TEMPORARY, TRANSITIONAL, AND SPECIAL PROVISIONS

369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List

  • Grants Parliament temporary powers over State List matters.

370. Temporary provisions with respect to the State of Jammu and Kashmir

  • Provides special autonomy to Jammu and Kashmir (now abrogated).

371. Special provision with respect to the States of Maharashtra and Gujarat

  • Provides for regional development boards and equitable allocation of funds.

371A to 371J. Special provisions with respect to various States

  • Provides specific provisions for Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

392. Power of the President to remove difficulties

  • Empowers the President to address transitional challenges.

393. Short title

  • The Constitution may be called the Constitution of India.

394. Commencement

  • Specifies the commencement date of the Constitution (26th January 1950).

394A. Authoritative text in Hindi language

  • Provides for the publication of the authoritative Hindi text of the Constitution.

395. Repeals

  • Repeals the Indian Independence Act, 1947, and the Government of India Act, 1935.

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