Editorial, MILITARY RUSH TO BREAK UP, in Law Animated World, 15 December 2013, Vol. 9, Part 2, No. 23 issue.

MILITARY RUSH TO BREAK UP

our beloved state of Andhra Pradesh – a clear case of misuse of security forces machinery, meant for securing the borders but not for rending the people – was exhibited by sending the ‘Andhra Pradesh Reorganization Bill’ by a special BSF aircraft. Truly, “It indicates that either the Centre is in a tearing hurry or does not trust the State machinery.” This gave rise to incensed comments from the opposition leaders with CBN of TDP shouting: “What is the need to send the bill copies in a special Border Security Force aircraft? Is Delhi waging a war against Andhra Pradesh? What are they thinking about us?” and other TDP leaders openly accusing that moneybags were also brought in the same aircraft clandestinely for secret distribution to buy the support of wavering seemandhra MLAs to the bill and each such MLA was offered 10-15 crores of rupees for the purpose. We are also alarmed at such misuses of the security forces machinery for ulterior purposes and for the luxurious voyages of the so-called VIP politicians, pervert bureaucrats and other undesirable elements. Only some weeks back a terrorist suspect was specially flown in by a BSF aircraft another clear case of misuse of public funds. The recent misuse is more loathsome and also indicative of high corruption in the topmost political circles in the country. We feel this is a fit case for our High Court to initiate suo motu proceedings against the involved personnel, officers and also politicians like Digvijay Singh, who is also accused of misusing official machinery in his recent tour to ‘persuade and convince’ his party leaders and MLAs regarding this abominable partition process, especially because of the extraordinary nature of the steps taken and the serious corruption allegations by some legislators of the opposition party. It may also be pointed out that all this ‘tearing hurry’ is for ‘wreaking vengeance’ on the people of Seemandhra who rose in millions against this hated bifurcation proposal and in that process burnt the effigies of Sonia, Rahul, et al, even destroyed the statues of Rajiv and Indira, and dug a grave for Sonia even, but Telugu people will never condone such vengeful injustices but bury still deeper all such reactionary forces and somehow save their unity and integrity against all these heavy odds. §§§

Editorial, FEDERALISM IS THE DESIDERATUM, in 30 November 2013 October Revolution Special issue of LAW ANIMATED WORLD.

FEDERALISM IS THE DESIDERATUM

Perhaps India is the only country in the world with scores of diverse communities belonging to various religious, linguistic etc. denominations coexisting in one ‘unity in diversity’ since thousands of years but it was never politically united except for some brief interregnums; the unity was mainly cultural and emotional – of belonging to a civilization that grew up from the Indus river valley. Yet it is perhaps the only such country in the world where the federal structure is quite shoddy and a unitary command structure is sought to be imposed by the post-independence ruling coteries from time to time. A Constitution which was meant to be really federal with residual powers to the provinces per the Aims and Objects Resolution of Jawaharlal Nehru was diluted and almost modified into a unitary covenant with all substantial powers including residual powers to the centre and, what is more despicable, undermining provinical autonomy to the extent of endowing Parliament with powers to cut up the States as it likes. Article 3 of the Constitution, which the Constitutional Adviser had drafted in a manner as to make the previous consent of the province an essential prerequisite for dividing it up, was totally distorted, so as to only call for the views of the State Assembly ascertained by the President in this regard. However, an explanation was given that the process for any such reorganization would have to be initiated by the State Assembly alone and both for initiation of the proposal and for the specific provisions in the bill to create a new state, the affected State Assembly has to act i.e. obviously pass favorable resolutions. Then, a constitutional amendment in 1955 sought to negate the impact of such explanation too. But, fortunately, the actual practice in such circumstances in our country has been more cautious and mindful of states’ autonomy; there has not been a single occasion – save in case of Punjab and Haryana which exception only proves the rule – when any new State was created, actually any bill for the same was drafted, without first the affected State Assembly passing a resolution in that favour. This healthy constitutional convention cannot be given a go-by under any circumstances and so the Telugu people will be fully justified in demanding that any bill for ‘reorganization of Andhra Pradesh’ be immediately sent back by the President of India for lack of a prior resolution of the State Assembly favoring that course, and also that Article 3 has to be suitably amended to accord the States ample powers to protect their autonomy and identity in such circumstances. That means the Telugu people are duty bound to fight to the end for the flowering of federalism, a main desideratum, in our polity. §§§

Editorial, "Why this undue haste to vivisect?", in LAW ANIMATED WORLD, 15 November 2013 issue, Vol. 9, Part 2, No. 21.

WHY THIS UNDUE HASTE TO VIVISECT?

The Group of Ministers set up by the vile, minority UPA government at the centre, surviving on the mercy of two outside parties – BSP and SP, the latter openly opposed to the division of Andhra Pradesh, is running in all speed to somehow achieve its despicable goal of vivisecting a vibrant nationality and à la Radcliffe. I am reminded of this exquisite poem by Auden lampooning the unholy exercise of that British law lord who never visited India but yet vivisected it drawing his line literally even across the middle of remote human habitations: “Shut up in a lonely mansion/ with police night and day / patrolling the gardens to keep / assassins away, He got down to work, to the task / of settling the fate of millions. The maps at his disposal / were out of date / And the Census returns almost certainly incorrect, But there was no time to check / them, no time to inspect / Contested areas. The weather was frightfully hot, And a bout of dysentery kept him constantly on the trot, / BUT IN SEVEN WEEKS IT WAS DONE, the frontiers decided, A CONTINENT FOR BETTER OR WORSE DIVIDED…” Does this sound very familiar in our context? The British imperialists certainly had their stakes in such a hasty ‘divide and rule’ policy to which both Nehru and Patel unashamedly acquiesced thus defying and shaming their leader, Gandhi, who had declared the partition could happen only on his corpse; and he too would compromise later to sail with his disciples. But what need there is for any independent and patriotic rulers of sovereign India to thus divide and rule over a vibrant nationality which has sailed united amidst all troubles and calamities for about six decades? Have they forgotten that India is in essence a multi-national country though its constitution proclaims it a nation-state and any undue impetuous interference with the unity in diversity of the country and the identity and self-respect of its component units, especially of linguistic nationalities, could do utmost damage to the unity and integrity of the entire country itself. Don’t they know that by such post-haste they are only opening up a Pandora’s Box of more complex problems all over the country and striking at the very roots of territorial integrity of the country? No, knowing fully well, they are still moving – for nothing but nefarious electoral benefits – an acute case of open electoral corruption with the next general elections just round the corner. §§§

256 year-old Herbalist, Li Ching-Yuen

256 year-old Herbalist, Li Ching-Yuen

256 year-old Herbalist, Li Ching-Yuen

http://www.youtube.com/v/T6cbHK8VAV0?version=3&autohide=1&autoplay=1&attribution_tag=Sz2eX9qjAhqFcCt8d0l_Og&autohide=1&showinfo=1&feature=share

Editorial in LAW, 31 October 2013 issue - photocopy

Editorial, "Nail the lies: Hail A.P. State Formation Day!" in LAW ANIMATED WORLD, 31 October 2013, Vol. 9, Part 2, No. 20 issue.

NAIL THE LIES,
HAIL A.P. FORMATION DAY!

That the formation of Andhra Pradesh was a dream-come-true for the Telugu people, for an overwhelming majority in Telangana itself at that time, is an indisputable historical fact. The Goebbelsian lies propagated by the separatists that it was a betrayal of Telangana [i.e. Nizam Telangana] and that Telanganites were cheated into merger with Andhra and ever since were/are horribly exploited by Andhras – rulers, capitalists, other ‘settlers’ alike – have no basis in historical or current facts of life and socio-economic conditions. That the Hyderabad State Congress Committee under the leadership of Swami Ramananda Tirtha had, as far back as in 1953, passed a unanimous resolution for the trifurcation of Hyderabad State and merging of its linguistic  regions with the respective linguistic regions in the neighboring provinces, that a Vishalandhra movement raged in all intensity and popularity mainly in Telangana districts during 1949-56, that even the people’s poet of Telangana, Kaloji, now hailed as an icon for separate Telangana, was a fervent integrationist (veera vishalandhravadi) then and welcomed the formation of Andhra Pradesh in his typical poetic style, that the Hyderabad Assembly in its discussions on Fazal Ali Commission Report rejected its proposal to keep Telangana separate for five years before merger with Andhra, in that as many as 103 [59 from Telangana] representatives out of 174 favored immediate creation of Vishalandhra while only 29 [15 from T] favored a Telangana State and the communists of the times were leading a great movement for Vishalandhra and threatened to force a crisis by resigning and causing fresh elections to the Assembly, that after the 5 March 1956 declaration of Nehru at Nizamabad for Vishalandhra there has not been a single voice of protest from Telangana till formation of AP, that formation of AP was jubilantly celebrated all over Telangana and not a voice was raised for separation till 1969-71 and then again most of the Telangana leaders became fervent integrationists and averted separation in 1973 by foregoing Mulki Rules and Regional Committee even, and that there was again no considerable voice of protest thereafter till 2001-02, that the development and cultural intermixing of Telangana people with other Telugus proceeded at a fast pace, much faster than in case of other linguistic regions of the Hyderabad State that merged in Maharashtra and Karnataka, are all enough historical facts to nail the lies of the separatists and celebrate the formation day of Andhra Pradesh as a day of devotion and commitment to the unity and integrity of the Telugu nationality. §§§

Editorial, MOVING TOWARDS A CONSTITUTIONAL CRISIS? in LAW ANIMATED WORLD, 15 October 2013 issue

MOVING TOWARDS A COSTITUTIONAL CRISIS?

With the Union Government behaving in the typically callous manner as succinctly expressed in the Telugu axiom: “taamboolaalu icceasaam, tannuku caavanDi!” [As for us we have fixed it, now it is for you all to fight over that!] – not caring a bit for the more-than two-month old mammoth mass movement to keep up the unity of Andhra Pradesh raging in Seemandhra, it seems the Telangana Tangle is getting more complicated and difficult to solve. We even apprehend that a constitutional crisis may engulf the country if the Seemandhra MPs and Union Ministers, responding to the popular opinion there, intensify their obstructionist tactics – going even to the extent of withdrawing support to the Central Government which now stands on a slender majority of 3 only and also inciting other UPA partners to do so. But even otherwise, the inexplicable adamance of the Union Government/ UPA Chairperson towards the people’s movement in Seemandhra and their efforts to speed up the much-hated partition of Andhra Pradesh without paying regard to the well-established conventions and the federal spirit of our polity, may create a constitutional crisis and lead to their downfall, confirming the accursed proverbial situation – vinaaSakaalea vipareeta buddhii [perverse designs arise in ruinous times]. To our knowledge, no bill for division of any province has ever been prepared, let alone it being moved, until and unless the concerned State Assembly first passed a resolution in favor of such division or partition. This healthy convention cannot be given a go-by – it would be just like the President of India ignoring the convention of inviting the leader of the largest party/front to form the government and appointing some lackey and giving time and facility to him to later horse-trade and win a vote of confidence. Also, the special provision regarding Andhra Pradesh embodied in Article 371-D cannot be just wished away and no partition can be constitutionally valid without its repeal/amendment; that needs a constitutional amendment requiring a two-thirds majority vote in both Houses of the Parliament which seems impossible now. And we always pointed out that by following the wise recommendations of the Srikrishna Committee, the problem can be solved without any heartrending partition of the State. §§§

Constitution of India: Part II

Constitution of India: Part I

PART II 

CITIZENSHIP

5. Citizenship at the commencement of the Constitution.—At the commencement of this Constitution, every person who has his domicile in the territory of India and—
                 (a) who was born in the territory of India; or
                 (b) either of whose parents was born in the territory of India; or
                 (c) who has been ordinarily resident in the territory of India for not less than five years  
                       immediately preceding such commencement, shall be a citizen of India.

6. Rights of citizenship of certain persons who have migrated to India from Pakistan.—Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this
Constitution if—
             (a) he or either of his parents or any of his grand-parents was born in India as defined in the
                  Government of India Act, 1935 (as originally enacted); and
            (b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has
                     been ordinarily resident in the territory of India since the date of his migration, or
                (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he
                     has been registered as a citizen of India by an officer appointed in that behalf by the  
                     Government of the Dominion of India on an application made by him therefore to such officer
                     before the commencement of this Constitution in the form and manner prescribed by that
                     Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

7. Rights of citizeship of certain migrants to Pakistan.—
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

8. Rights of citizenship of certain persons of Indian origin residing outside India.—Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as
defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the
time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.— No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

10. Continuance of the rights of citizenship.—Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

11. Parliament to regulate the right of citizenship by law.—Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

(to be continued)

Constitution of India: Part I

PART I
THE UNION AND ITS TERRITORY

1. Name and territory of the Union.—(1) India, that is Bharat, shall be a Union of States.
           (2) The States and the territories thereof shall be as specified in the First Schedule.
           (3) The territory of India shall comprise—
                    (a) the territories of the States;
                    (b) the Union territories specified in the First Schedule; and
                    (c) such other territories as may be acquired.

2. Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

3. Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law—
                (a) form a new State by separation of territory from any State or by uniting two or more States or                      parts of States or by uniting any territory to a part of any State;
                (b) increase the area of any State;
                (c) diminish the area of any State;
                (d) alter the boundaries of any State;
                (e) alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.                                                                  (emphasis ours - IMS)

Explanation I.—In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.                                                         (emphasis ours - IMS)
Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.—
       (1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
      (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.


(to be continued)

Constitution of India for ready reference

THE CONSTITUTION OF INDIA 

____________                                                                   

                           

CONTENTS

__________

                     PREFACE

PREAMBLE

PART I

THE UNION AND ITS TERRITORY

ARTICLES

  1.           Name and territory of the Union.

  2.           Admission or establishment of new States.

2A.          [Repealed.]

  3.           Formation of new States and alteration of areas, boundaries or names of existing  States.

  4.           Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental,

                incidental and consequential matters.

PART II

CITIZENSHIP

  5.           Citizenship at the commencement of the Constitution.

6.          Rights of citizenship of certain persons who have migrated to India from Pakistan.

  7.           Rights of citizenship of certain migrants to Pakistan.

8.          Rights of citizenship of certain persons of Indian origin residing    outside India.

9.          Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

10.           Continuance of the rights of citizenship.

11.           Parliament to regulate the right of citizenship by law.

PART III

FUNDAMENTAL RIGHTS

General

12.           Definition.

13.           Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality

14.          Equality before law.

15.            Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

16.            Equality of opportunity in matters of public employment.

17.            Abolition of Untouchability.

18.            Abolition of titles.

                                                                               

Right to Freedom

19.            Protection of certain rights regarding freedom of speech, etc.

20.            Protection in respect of conviction for offences.

21.            Protection of life and personal liberty.

21A.         Right to education.

22.            Protection against arrest and detention in certain cases.

Right against Exploitation

23.            Prohibition of traffic in human beings and forced labour.

24.            Prohibition of employment of children in factories, etc.

Right to  Freedom of Religion

25.            Freedom of conscience and free profession, practice and propagation of religion.

26.            Freedom to manage religious affairs.

27.            Freedom as to payment of taxes for promotion of any particular religion.

28.            Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

29.            Protection of interests of minorities.

30.            Right of minorities to establish and administer educational institutions.

31.            [Repealed.]

Saving of Certain Laws

31A.         Saving of Laws providing for acquisition of estates, etc.

31B.         Validation of certain Acts and Regulations.

31C.         Saving of laws giving effect to certain directive principles.

31D.         [Repealed.]

Right to Constitutional Remedies

 32.           Remedies for enforcement of rights conferred by this Part.

    32A.          [Repealed.]

 33.           Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

 34.           Restriction on rights conferred by this Part while martial law is in force in any area.

 35.           Legislation to give effect to the provisions of this Part.

                PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

  36.          Definition.

  37.          Application of the principles contained in this Part.

  38.          State to secure a social order for the promotion of welfare of the people.

  39.          Certain principles of policy to be followed by the State.

39A.         Equal justice and free legal aid.

  40.          Organisation of village panchayats.

  41.          Right to work, to education and to public assistance in certain cases.

  42.          Provision for just and humane conditions of work and maternity relief.

  43.          Living wage, etc., for workers.

43A.         Participation of workers in management of industries.

  44.          Uniform civil code for the citizens.

  45.          Provision for early childhood care and education to children below the age of six years.

  46.          Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

  47.          Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

  48.          Organisation of agriculture and animal husbandry.

48A.         Protection and improvement of environment and safeguarding of forests and wild life.

  49.          Protection of monuments and places and objects of national importance.

  50.          Separation of judiciary from executive.

  51.          Promotion of international peace and security.

 

PART IVA

FUNDAMENTAL DUTIES

51A.         Fundamental duties.

PART V

THE UNION

CHAPTER I.¾THE EXECUTIVE

The President and Vice-President

52.            The President of India.

53.            Executive power of the Union.

 54.           Election of President.

 55.           Manner of election of President.

56.            Term of office of President.

 57.           Eligibility for re-election.

 58.           Qualifications for election as President.

 59.           Conditions of President’s office.

 60.           Oath or affirmation by the President.

 61.           Procedure for impeachment of the President.

 62.           Time of holding election to fill vacancy in the office of President and the term of office of person         

              elected to fill casual vacancy.

 63.           The Vice-President of India.

 64.           The Vice-President to be ex officio Chairman of the Council of States.

 65.           The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

 66.           Election of Vice-President.

67.           Term of office of Vice-President.

68.           Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.

69.           Oath or affirmation by the Vice-President.

70.           Discharge of President’s functions in other contingencies.

71.           Matters relating to, or connected with, the election of a President or Vice-President.

72.           Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

73.           Extent of executive power of the Union.

                 Council of Ministers

74.            Council of Ministers  to aid and advise President.

75.           Other provisions as to Ministers.

                 The Attorney-General for India

76.           Attorney-General for India.

                 Conduct of Government Business

77.           Conduct of business of the Government of India.

78.           Duties of Prime Minister as respects the furnishing of information to the President, etc.

                CHAPTER  II.¾PARLIAMENT

General

79.           Constitution of Parliament.

80.           Composition of the Council of States.

81.           Composition of the House of the People.

82.           Readjustment after each census.

83.           Duration of Houses of Parliament.

84.           Qualification for membership of Parliament.

85.           Sessions of Parliament, prorogation and dissolution.

86.           Right of President to address and send messages to Houses.

87.           Special address by the President.

88.           Rights of Ministers and Attorney-General as respects Houses.

               

Officers of Parliament

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

90.           Vacation and resignation of, and removal from, the office of Deputy Chairman.

91.           Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

92.           The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

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

94.           Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

95.           Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

96.           The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

97.           Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.

98.           Secretariat of Parliament.

               

Conduct of Business

 99.          Oath or affirmation by members.

100.         Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

               

Disqualifications of Members

101.         Vacation of seats.

102.         Disqualifications for membership.

103.         Decision on questions as to disqualifications of members.

    104.          Penalty for sitting and voting before making oath or affirmation under article

                99 or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its Members

105.         Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.

106.         Salaries and allowances of members.

Legislative Procedure

107.         Provisions as to introduction and passing of Bills.

108.         Joint sitting of both Houses in certain cases.

109.         Special procedure in respect of Money Bills.

110.         Definition of “Money Bills”.

111.         Assent to Bills.

                

Procedure in Financial Matters

112.         Annual financial statement.

113.         Procedure in Parliament with respect to estimates.

114.         Appropriation Bills.

115.         Supplementary, additional or excess grants.

116.         Votes on account, votes of credit and exceptional grants.

117.         Special provisions as to financial Bills.

Procedure Generally

118.          Rules of procedure.

119.         Regulation by law of procedure in Parliament in relation to financial business.

120.         Language to be used in Parliament.

121.         Restriction on discussion in Parliament.

122.         Courts not to inquire into proceedings of Parliament.

CHAPTER III.¾LEGISLATIVE  POWERS OF THE PRESIDENT

123.         Power of President to promulgate Ordinances during recess of  Parliament.

CHAPTER IV.¾ THE UNION JUDICIARY

 124.        Establishment and constitution of Supreme Court.

 125.        Salaries, etc., of Judges.

 126.        Appointment of acting Chief Justice.

 127.        Appointment of ad hoc judges.

 128.        Attendance of retired Judges at sittings of the Supreme Court.

 129.        Supreme Court to be a court of record.

 130.        Seat of Supreme Court.

 131.        Original jurisdiction of the Supreme Court.

131A.      [Repealed.]

 132.        Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.

 133.        Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.

 134.        Appellate jurisdiction of Supreme Court in regard to criminal matters.

134A.      Certificate for appeal to the Supreme Court.

 135.        Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.

 136.        Special leave to appeal by the Supreme Court.

 137.        Review of judgments or orders by the Supreme Court.

 138.        Enlargement of the jurisdiction of the Supreme Court.

 139.        Conferment on the Supreme Court of powers to issue certain writs.

139A.      Transfer of certain cases.

 140.        Ancillary powers of Supreme Court.

 141.        Law declared by Supreme Court to be binding on all courts.

 142.        Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

 143.        Power of President to consult Supreme Court.

 144.        Civil and judicial authorities to act in aid of the Supreme    Court.

144A.      [Repealed.]

 145.        Rules of Court, etc.

 146.        Officers and servants and the expenses of the Supreme Court.

 147.        Interpretation.

CHAPTER V.¾ COMPTROLLER AND AUDITOR-GENERAL OF INDIA

 148.        Comptroller and Auditor-General of India.

 149.        Duties and powers of the Comptroller and Auditor-General.

 150.        Form of accounts of the Union and of the States.

 151.        Audit reports.

PART VI

THE STATES

CHAPTER I.¾ GENERAL

 152.        Definition.

CHAPTER II.¾ THE EXECUTIVE

The Governor

 153.         Governors of States.

 154.        Executive power of State.

 155.        Appointment of Governor.

 156.        Term of office of Governor.

 157.        Qualifications for appointment as Governor.

 158.        Conditions of Governor’s office

 159.        Oath or affirmation by the Governor.

 160.        Discharge of the functions of the Governor in certain contingencies.

 161.        Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

 162.        Extent of executive power of State.

                 Council of Ministers

 163.         Council of Ministers to aid and advise Governor.

 164.        Other provisions as to Ministers.

                 The Advocate-General for the State

 165.        Advocate-General for the State.

                 Conduct of Government Business

 166.        Conduct of business of the Government of a State.

 167.        Duties of Chief Minister as respects the furnishing of information to Governor, etc.

               

CHAPTER III.¾THE STATE LEGISLATURE

General

168.         Constitution of Legislatures in States.

169.         Abolition or creation of Legislative Councils in States.

170.         Composition of the Legislative Assemblies.

171.         Composition of the Legislative Councils.

172.         Duration of State Legislatures.

173.         Qualification for membership of the State Legislature.

174.         Sessions of the State Legislature, prorogation and dissolution.

175.         Right of Governor to address and send messages to the House or Houses.

176.         Special address by the Governor.

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

Officers of the State Legislature

178.         The Speaker and Deputy Speaker of the Legislative Assembly.

179.         Vacation and resignation of, and removal from, the offices of Speaker  and Deputy Speaker.

180.         Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

181.         The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

182.         The Chairman and Deputy Chairman of the Legislative Council.

183.         Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

184.         Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

185.         The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

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

187.         Secretariat of State Legislature.

Conduct of Business

188.         Oath or affirmation by members.

189.         Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

190.         Vacation of seats.

191.         Disqualifications for membership.

192.         Decision on questions as to disqualifications of members.

193.         Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.

Powers, privileges and immunities of State Legislatures and their Members

194.         Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

195.         Salaries and allowances of members.

Legislative Procedure

196.         Provisions as to introduction and passing of Bills.

197.         Restriction on powers of Legislative Council as to Bills other than Money Bills.

198.         Special procedure in respect of Money Bills.

199.         Definition of “Money Bills”.

200.          Assent to Bills.

201.          Bills reserved for consideration.

Procedure in Financial Matters

202.         Annual financial statement.

203.         Procedure in Legislature with respect to estimates.

204.         Appropriation Bills.

205.         Supplementary, additional or excess grants.

206.         Votes on account, votes of credit and exceptional grants.

207.         Special provisions as to financial Bills.

Procedure Generally

208.         Rules of procedure.

209.         Regulation by law of procedure in the Legislature of the State in relation to financial business.

210.         Language to be used in the Legislature.

211.         Restriction on discussion in the Legislature.

212.         Courts not to inquire into proceedings of the Legislature.

CHAPTER IV.¾- LEGISLATIVE  POWER OF THE GOVERNOR

213.         Power of Governor to promulgate Ordinances during recess of Legislature.

CHAPTER V.¾-THE  HIGH COURTS IN THE STATES

214.         High Courts for States.

215.         High Courts to be courts of record.

216.         Constitution of High Courts.

217.         Appointment and conditions of the office of a Judge of a High Court.

218.         Application of certain provisions relating to Supreme Court to High Courts.

219.         Oath or affirmation by Judges of High Courts.

220.         Restriction on practice after being a permanent Judge.

221.         Salaries, etc., of Judges.

222.         Transfer of a Judge from one High Court to another.

223.         Appointment of acting Chief Justice.

224.         A  ppointment of additional and acting Judges.

224A.      Appointment of retired Judges at sittings of High Courts.

225.         Jurisdiction of existing High Courts.

226.         Power of High Courts to issue certain writs.

226A.      [Repealed..]

227.         Power of superintendence over all courts by the High Court.

228.         Transfer of certain cases to High Court.

228A.      [Repealed.]

229.         Officers and servants and the expenses of High Courts.

230.         Extension of jurisdiction of High Courts to Union territories.

231.         Establishment of a common High Court for two or more States.

                 CHAPTER VI¾SUBORDINATE COURTS

233.         Appointment of district judges.

233A.      Validation of appointments of, and judgments, etc., delivered by, certain district judges.

234.         Recruitment of persons other than district judges to the judicial service.

235.         Control over subordinate courts.

236.         Interpretation.

237.           Application of the provisions of this Chapter to certain class or classes of magistrates.

               

PART VII

THE STATES IN PART B OF THE FIRST SCHEDULE

238.         [Repealed.]

                PART VIII

THE UNION TERRITORIES

239.         Administration of Union territories.

239A.      Creation of local Legislatures or Council of Ministers or both for certain Union territories.

239A.      Special provisions with respect to Delhi.

239AA.        Provision in case of failure of constitutional machinery.

239AB.        Power of administrator to promulgate Ordinances during recess of Legislature.

240.         Power of President to make regulations for certain Union territories.

241.         High Courts for Union territories.

242   .      [Repealed.]

                                                                               

PART IX

THE PANCHAYATS

   243.      Definitions.

  243A.    Gram Sabha.

  243B.    Constitution of Panchayats.

  243C.    Composition of Panchayats.

  243D.    Reservation of seats.

  243E.    Duration of Panchayats, etc.

  243F.     Disqualifications for membership.

 243G.     Powers, authority and responsibilities of Panchayats.

 243H.     Powers to impose taxes by, and Funds of, the Panchayats.

 243-I.      Constitution of Finance Commission to review financial position.

 243J.      Audit of accounts of Pachayats.

243K.      Elections to the Panchayats.

243L.       Application to Union  territories.

243M.      Part not to apply to certain areas.

243N.      Continuance of existing laws and Panchayats.

243-O   .  Bar to interference by courts in electoral matters.

               

PART IXA

THE MUNICPALITIES

243P.      Definitions.

243Q.      Constitution of Municipalities.

243R.      Composition of Municipalities.

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

243T.       Reservation of seats.

243U.      Duration of Municipalities, etc.

243V.      Disqualifications for membership.

243W.     Powers, authority and responsibilities of Municipalities, etc.

243X.      Power to impose taxes by, and Funds of, the Municipalities.

243Y.      Finance Commission.

243Z.             Audit of accounts of Municipalities.

243ZA.         Elections to the Municipalities.

243ZB.         Application to Union territories.

243ZC.         Part not to apply to certain areas.

243ZD.         Committee for district planning.

243ZE.         Committee for Metropolitan planning.

243ZF.          Continuance of existing laws and Municipalities.

243ZG.          Bar to interference by Courts in electoral matters.

 PART X

              THE SCHEDULED AND TRIBAL AREAS

  244.       Administration of Scheduled Areas and Tribal Areas.

244A.     Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

               

PART XI

RELATIONS BETWEEN THE UNION AND THE STATES

CHAPTER I.¾LEGISLATIVE  RELATIONS

Distribution of Legislative Powers

  245.       Extent of laws made by Parliament and by the Legislatures of States.

  246.       Subject-matter of laws made by Parliament and by the Legislatures of States.

  247.       Power of Parliament to provide for the establishment of certain additional courts.

  248.       Residuary powers of legislation.

  249.       Power of Parliament to legislate with respect to a matter in the State List in the national interest.

  250.       Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.

  251.       Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.

   252.      Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

   253.      Legislation for giving effect to international agreements.

   254.      Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

   255.      Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

 

CHAPTER II.¾ ADMINISTRATIVE RELATIONS

General

  256.       Obligation of States and the Union.

  257.       Control of the Union over States in certain cases.

257A.      [Repealed.]

 258.        Power of the Union to confer powers, etc., on States in certain cases.

258A.       Power of the States to entrust functions to the Union.

259.         [Repealed.]

260.         Jurisdiction of the Union in relation to territories outside India.

261.         Public acts, records and judicial proceedings.

                 Disputes relating to Waters

262.         Adjudication of disputes relating to waters of  inter-State rivers or river valleys.

                 Co-ordination between States

263.         Provisions with respect to an inter-State Council.

               

PART XII

FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I.¾FINANCE

General

264.         Interpretation.

265.         Taxes not to be imposed save by authority of law.

266.         Consolidated Funds and public accounts of India and of the States.

267.         Contingency Fund.

Distribution of Revenues between the Union and the States

268.         Duties levied by the Union but collected and appropriated by the State.

268A.      Service tax levied by Union and collected by the Union and the States.

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

270.         Taxes levied and  distributed between the Union and the States.

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

272.         [Repealed.]

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

274.         Prior recommendation of President required to Bills affecting taxation in which States are interested.

275.         Grants from the Union to certain States.

276.         Taxes on professions, trades, callings and employments.

277.         Savings.

278.         [Repealed.]

       279.       Calculation of  “net proceeds”, etc.

   280.      Finance Commission.

   281.      Recommendations of the Finance Commission.

                 Miscellaneous financial provisions

   282.      Expenditure defrayable by the Union or a State out of its revenues.

   283.      Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

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

   285.      Exemption of property of the Union from State taxation.

   286.      Restrictions as to imposition of tax on the sale or purchase of goods.

   287.      Exemption from taxes on electricity.

   288.      Exemption from taxation by States in respect of water or electricity in certain cases.

   289.      Exemption of property and income of a State from Union taxation.

   290.      Adjustment in respect of certain expenses and pensions.

   290A.    Annual payment to certain Devaswom Funds.

   291.      [Repealed.]

CHAPTER II.¾ BORROWING

   292.      Borrowing by the Government of India.

293.      Borrowing by States.

               

 

 

CHAPTER III.¾ PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,        

OBLIGATIONS AND SUITS

   294.      Succession to property, assets, rights, liabilities and obligations in certain cases.

   295.      Succession to property, assets, rights, liabilities and obligations in other cases.

   296.      Property accruing by escheat or laps or as bona vacantia.

   297.      Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

   298.      Power to carry on trade, etc.

   299.       Contracts.

   300.      Suits and proceedings.

CHAPTER IV.¾ RIGHT  TO PROPERTY

  300A.     Persons not to be deprived of property save by authority of law.

               

PART XIII

TRADE, COMMERCE AND INTERCOURSE WITHIN

THE TERRITORY OF INDIA

   301.      Freedom of trade, commerce and intercourse.

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

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

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

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

  306.       [Repealed.]

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

               

PART XIV

SERVICES UNDER THE UNION AND THE STATES

CHAPTER I.¾ SERVICES

  308.       Interpretation.

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

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

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

  312.       All-India services.

312A.      Power of Parliament to vary or revoke conditions of service of officers of certain services.

  313.       Transitional provisions.

  314.       [Repeated.]

CHAPTER II.—PUBLIC SERVICE COMMISSIONS

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

  316.       Appointment and term of office of members.

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

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

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

  320.       Functions of Public Service Commissions.

  321.       Power to extend functions of Public Service Commissions.

  322.       Expenses of Public Service Commissions.

  323.        Reports of Public Service Commissions.

     

     PART XIVA

TRIBUNALS

323A.      Administrative tribunals.

323B.       Tribunals for other matters.

              PART XV

            ELECTIONS

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

  325.       No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.

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

  327.       Power of Parliament to make provision with respect to elections to Legislatures.

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

  329.       Bar to interference by courts in electoral matters.

329A.      [Repealed.]

               

PART XVI

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

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

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

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

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

  334.       Reservation of seats and special representation to cease after seventy years.

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

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

  337.       Special provision with respect to educational grants for the benefit of Anglo-Indian Community.

  338.       National Commission for Scheduled Castes.

338A.      National Commission for Scheduled Tribes.

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

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

    341.     Scheduled Castes.

    342.     Scheduled Tribes.

PART XVII

OFFICIAL LANGUAGE

CHAPTER I.—LANGUAGE OF THE UNION

  343.       Official language of the Union.

  344.       Commission and Committee of Parliament on official language.

CHAPTER II.¾ REGIONAL LANGUAGES

  345.       Official language or languages of a State.

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

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

                CHAPTER III.¾LANGUAGE OF THE SUPREME COURT,

HIGH COURTS, ETC.

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

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

CHAPTER IV.¾-SPECIAL DIRECTIVES

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

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

350B.      Special Officer for linguistic minorities.

  351.        Directive for development of the Hindi language.

               

PART XVIII

EMERGENCY PROVISIONS

  352.       Proclamation of Emergency.

  353.       Effect of Proclamation of Emergency.

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

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

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

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

  358.       Suspension  of provisions of article 19 during emergencies.

  359.       Suspension of the enforcement of the rights conferred by Part III during emergencies.

359A.      [Repealed.]

      360.        Provisions as to financial emergency.

PART XIX

MISCELLANEOUS

  361.       Protection of President and Governors and Rajpramukhs.

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

361B.      Disqualification for appointment on remunerative political post.

  362.       [Repealed.]

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

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

  364.       Special provisions as to major ports and aerodromes.

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

  366.       Definitions.

  367.       Interpretation.

                PART XX

AMENDMENT OF THE CONSTITUTION

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

               

PART XXI

TEMPORARY, TRANSITIONAL AND

SPECIAL PROVISIONS

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

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

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

 371A.      Special provision with respect to the State of Nagaland.

 371B .     Special provision with respect to the State of Assam.

 371C.      Special provision with respect to the State of Manipur.

 371D.      Special provisions with respect to the State of Andhra Pradesh.

 371E.      Establishment of Central University in Andhra Pradesh.

 371F.       Special provisions with respect to the State of Sikkim.

 371G.      Special provision with respect to the State of Mizoram.

 371H.      Special provision with respect to the State of Arunachal Pradesh.

 371-I.      Special provision with respect to the State of  Goa.

 372.         Continuance in force of existing laws and their adaptation.

 372A.      Power of the President to adapt laws.

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

 374.         Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His    Majesty in Council.

  375.       Courts, authorities and officers to continue to function subject to the provisions of the Constitution.

  376.       Provisions as to Judges of High Courts.

  377.       Provisions as to Comptroller and Auditor-General of India.

  378.       Provisions as to Public Service Commissions.

378A.      Special provision as to duration of Andhra Pradesh Legislative Assembly.

 379-391.    [Repealed.]

  392.       Power of the President to remove difficulties.

                PART XXII

SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT

IN HINDI AND REPEALS

  393.       Short title.

  394.       Commencement.

394A.      Authoritative text in the Hindi language.

  395.       Repeals.

SCHEDULES

FIRST SCHEDULE 

      I. —The States.

     II. —The Union territories.

SECOND SCHEDULE                      

     PART A— Provisions as to the President and the Governors of States.

     PART B— [Repealed.]

PART C—   Provisions as to the Speaker and the Deputy Speaker of   the House of  the    People   and the Chairman and the Deputy Chairman of   the Council   of      States   and   the  Speaker  and  the  Deputy Speaker  of  the   Legislative Assembly and the Chairman  and the Deputy Chairman of the Legislative  Council of a State.  

PART D—  Provisions as to the Judges of the Supreme Court and of the High Courts.

PART E—  Provisions as to the Comptroller and Auditor-General of India.

THIRD  SCHEDULE— Forms of Oaths or Affirmations.

FOURTH  SCHEDULE—

Allocation of seats in the Council of States.

FIFTH SCHEDULE—

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

     PART A—General.

      PART B—Administration and  Control of Scheduled Areas and Scheduled Tribes.

      PART C— Scheduled Areas.

      PART D—Amendment of the Schedule.

SIXTH SCHEDULE—

Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

SEVENTH SCHEDULE—

      List I — Union List.

      List II— State List.

      List III— Concurrent List.

EIGHTH SCHEDULE— Languages.

NINTH SCHEDULE—Validation of certain Acts and Regulations.

TENTH SCHEDULE— Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.

TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.

APPENDIX

APPENDIX   I—The Constitution (Application to Jammu and Kashmir) Order, 1954.

APPENDIX II— Re-statement, with reference to the present text of the Constitution, of the exceptions and

                       modifications subject to which the Constitution applies to the State of Jammu and Kashmir.

APPENDIX  III—Extracts from the Constitution (Forty-fourth Amendment) Act, 1978

APPENDIX  IV— The Constitution (Eighty-eighth Amendment) Act, 2003.

INDEX