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e7474170ecfd-100 | "six years" (w.e.f. 20-6-1979).
3. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl.(a) (w.e.f. 5-10-
1963).
70
1[85. Sessions of Parliament, prorogation and dissolution.—(1) The
President shall from time to time summon each House of Parliament to meet at
such time and p... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-101 | 2[the first session after each general election to the House of the People and at
the commencement of the first session of each year] the President shall address
both Houses of Parliament assembled together and inform Parliament of the
causes of its summons.
(2) Provision shall be made by the rule... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-102 | 71
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.—(1)
The Vice- President of India shall be ex officio Chairman of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member of
the Council to be Deputy Chairman thereof and, so often a... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-103 | Chairman is vacant, or during any period when the Vice-President is acting as,
or discharging the functions of, President, the duties of the office shall be
performed by the Deputy Chairman, or, if the office of Deputy Chairman is
also vacant, by such member of the Council of States ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-104 | such sitting as they apply in relation to a sitting from which the Chairman, or,
as the case may be, the Deputy Chairman, is absent.
72
(2) The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Council of States while any resolution for the
removal of t... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-105 | the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of
the People passed by a majority of all the then members of the House:
Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days’ notice... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-106 | resolution for his removal from office is under consideration.—(1) At any
sitting of the House of the People, while any resolution for the removal of the
Speaker from his office is under consideration, the Speaker, or while any
resolution for the removal of the Deputy Speaker from his offi... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-107 | Deputy Speaker of the House of the People, such salaries and allowances as may
be respectively fixed by Parliament by law and, until provision in that behalf is so
made, such salaries and allowances as are specified in the Second Schedule.
98. Secretariat of Parliament.—(1) Each House of Parliament shall
have... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-108 | President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
100. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.—(1) Save as otherwise provided in this Constitution,
all ques... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-109 | adjourn the House or to suspend the meeting until there is a quorum.]
Disqualifications of Members
101. Vacation of seats.— (1) No person shall be a member of both
Houses of Parliament and provision shall be made by Parliament by law for the
vacation by a person who is chosen a member of both Houses of his... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-110 | 4[(b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is
accepted by the Chairman or the Speaker, as the case may be,]
his seat shall thereupon become vacant:
5[Provided that in the case of any resignation ref... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-111 | See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of
Law, notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India,
Extraordinary, P. 678.
3. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for "clause (1) of
ar... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-112 | (d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
2[Explanation.—For the purposes of this c... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-113 | holds any such office of profit under the Government of India or the Government of any
State as is declared by Parliament by law to disqualify its holder" (date not notified). This
amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45
(w.e.f. 20-... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-114 | sits or votes as a member of either House of Parliament before he has complied
with the requirements of article 99, or when he knows that he is not qualified or
that he is disqualified for membership thereof, or that he is prohibited from so
doing by the provisions of any law made by Parliament, he shall b... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-115 | until so defined, 2 [shall be those of that House and of its members and
committees immediately before the coming into force of section 15 of the
Constitution (Forty-fourth Amendment) Act, 1978.]].
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 21 (date to be... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-116 | from time to time be determined by Parliament by law and, until provision in
that respect is so made, allowances at such rates and upon such conditions as
were immediately before the commencement of this Constitution applicable in
the case of members of the Constituent Assembly of the Dominion of India.
Leg... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-117 | shall, subject to the provisions of article 108, lapse on a dissolution of the
House of the People.
108. Joint sitting of both Houses in certain cases.—(1) If after a Bill
has been passed by one House and transmitted to the other House—
(a) the Bill is rejected by the other House; or
(b) the Hou... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-118 | summoning the Houses to meet in a joint sitting, neither House shall proceed
further with the Bill, but the President may at any time after the date of his
notification summon the Houses to meet in a joint sitting for the purpose specified
in the notification and, if he does so, the Houses... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-119 | thereat, notwithstanding that a dissolution of the House of the People has
intervened since the President notified his intention to summon the Houses to
meet therein.
109. Special procedure in respect of Money Bills.—(1) A Money Bill
shall not be introduced in the Council of States.
80
(2) After ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-120 | House of the People without any of the amendments recommended by the
Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to
the Council of States for its recommendations is not returned to the House of
the People within the said period of fourteen days, it sha... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-121 | expenditure;
81
(f) the receipt of money on account of the Consolidated Fund of India
or the public account of India or the custody or issue of such money or
the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-
clauses (a) to (f).
... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-122 | Parliament, it shall be presented to the President, and the President shall declare
either that he assents to the Bill, or that he withholds assent therefrom:
Provided that the President may, as soon as possible after the
presentation to him of a Bill for assent, return the Bill if it is not a Money Bill
... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-123 | India; and
(b) the sums required to meet other expenditure proposed to be
made from the Consolidated Fund of India,
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the
Consolidated Fund of India—
(a) th... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-124 | Constitution exercised jurisdiction in relation to any area included in
1[a Governor's Province of the Dominion of India];
(e) the salary, allowances and pension payable to or in respect of
the Comptroller and Auditor-General of India;
(f) any sums required to satisfy any judgment, decree or award of
any ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-125 | specified therein.
(3) No demand for a grant shall be made except on the recommendation
of the President.
114. Appropriation Bills.—(1) As soon as may be after the grants under
article 113 have been made by the House of the People, there shall be
introduced a Bill to provide for the appropriation out ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-126 | provisions of article 114 to be expended for a particular service for the
current financial year is found to be insufficient for the purposes of that
year or when a need has arisen during the current financial year for
supplementary or additional expenditure upon some new service not
... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-127 | Fund of India to meet such expenditure or grant.
116. Votes on account, votes of
credit and
exceptional
grants.—(1) Notwithstanding anything in the foregoing provisions of this
Chapter, the House of the People shall have power—
(a) to make any grant in advance in respect of the estimated
e... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-128 | expenditure mentioned in the annual financial statement and the law to be made
for the authorisation of appropriation of moneys out of the Consolidated Fund
of India to meet such expenditure.
117. Special provisions as to financial Bills.—(1) A Bill or amendment
making provision for any of the matters specif... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-129 | House of Parliament unless the President has recommended to that House the
consideration of the Bill.
Procedure Generally
118. Rules of procedure.—(1) Each House of Parliament may make
rules for regulating, subject to the provisions of this Constitution, its procedure
and the conduct of its busine... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-130 | of financial business, regulate by law the procedure of, and the conduct of
business in, each House of Parliament in relation to any financial matter or to
any Bill for the appropriation of moneys out of the Consolidated Fund of India,
and, if and so far as any provision of any law so made is inconsisten... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-131 | the expiration of a period of fifteen years from the commencement of this
Constitution, have effect as if the words “or in English” were omitted
therefrom.
121. Restriction on discussion in Parliament.—No discussion shall
take place in Parliament with respect to the conduct of ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-132 | force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to
operate at the expiration of six weeks from the reassembly of Parliament,
or, if before the expiration of that period resolutions disapproving it are
passed by both Houses, u... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-133 | shall hold office until he attains the age of sixty-five years:
3[*
4[Provided that]—
]
(a) a Judge may, by writing under his hand addressed to the
President, resign his office;
provided in clause (4).
(b) a Judge may be removed from his office in the manner
1. Ins. by the Constituti... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-134 | "Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of India shall always be consulted:" (w.e.f. 13-4-2015). This amendment has been struck
down by the Supreme Court in the case of Supreme Court Advocates-on-Record Association and
another Vs. Union of Indi... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-135 | exercises, or which at any time before the commencement of this Constitution
exercised, jurisdiction in any part of the territory of India.
Explanation II.—In computing for the purpose of this clause the period
during which a person has been an advocate, any period during which a person
has held judicial office not... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-136 | plead or act in any court or before any authority within the territory of India.
2 [124A. National Judicial Appointments Commission.—(1) There
shall be a Commission to be known as the National Judicial Appointments
Commission consisting of the following, namely:—
1. Ins. by the Constitution (Fifteen... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-137 | such Leader of Opposition, then, the Leader of single largest Opposition
Party in the House of the People––Members:
Provided that one of the eminent person shall be nominated from
amongst the persons belonging to the Scheduled Castes, the Scheduled
Tribes, Other Backward Classes, Minorities or Women:
Provi... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-138 | for the discharge of its functions, the manner of selection of persons for
appointment and such other matters as may be considered necessary by it.]
125. Salaries, etc., of Judges.— 1[(1) There shall be paid to the Judges
of the Supreme Court such salaries as may be determined by Parliament by law
and, ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-139 | shall be performed by such one of the other Judges of the Court as the President
may appoint for the purpose.
127. Appointment of ad hoc Judges.—(1) If at any time there should
not be a quorum of the Judges of the Supreme Court available to hold or
continue any session of the Court, 1 [... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-140 | Court.—Notwithstanding anything in this Chapter, 2 [the National Judicial
Appointments Commission] may at any time, with the previous consent of the
President, request any person who has held the office of a Judge of the
Supreme Court or of the Federal Court 3[or who has held the office of a Judg... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-141 | 2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment
has been struck down by the Supreme Court in the case of Supreme Court Advocates-
on-Record Association and another Vs. Union of India in its judgment dated 16-10-
2015, AIR 2016 SC 117.
3. Ins. by the Constitut... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-142 | (b) between the Government of India and any State or States on one
side and one or more other States on the other; or
(c) between two or more States,
if and in so far as the dispute involves any question (whether of law or fact) on which
the existence or extent of a legal right depends:
1[Provided that the said ju... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-143 | under article 134A] that the case involves a substantial question of law as to the
interpretation of this Constitution.
1 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso
(w.e.f. 1-11-1956).
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-144 | Courts in regard to civil matters.—3[(1) An appeal shall lie to the Supreme
Court from any judgment, decree or final order in a civil proceeding of a High
Court in the territory of India 4 [if the High Court certifies under article
134A—]
(a) that the case involves a substantial question of ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-145 | subordinate to its authority and has in such trial convicted the accused
person and sentenced him to death; or
(c) 5[certifies under article 134A] that the case is a fit one for appeal
to the Supreme Court:
1. Cl. (2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the
High... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-146 | powers to entertain and hear appeals from any judgment, final order or sentence
in a criminal proceeding of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law.
1[134A. Certificate for appeal to the Supreme Court.—Every High
Court, passing or mak... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-147 | otherwise provides, the Supreme Court shall also have jurisdiction and powers
with respect to any matter to which the provisions of article 133 or article 134
do not apply if jurisdiction and powers in relation to that matter were
exercisable by the Federal Court immediately before the commencement of th... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-148 | 94
138. Enlargement of the jurisdiction of the Supreme Court.—(1) The
Supreme Court shall have such further jurisdiction and powers with respect to
any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers
with respect to any... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-149 | application made by the Attorney-General of India or by a party to any such
case that such questions are substantial questions of general importance, the
Supreme Court may withdraw the case or cases pending before the High Court
or the High Courts and dispose of all the cases itself:
Provided... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-150 | 1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1)
(w.e.f. 1-8-1979).
95
141. Law declared by Supreme Court to be binding on all courts.—
The law declared by the Supreme Co... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-151 | India, have all and every power to make any order for the purpose of securing
the attendance of any person, the discovery or production of any documents, or
the investigation or punishment of any contempt of itself.
143. Power of President to consult Supreme Court.—(1) If at any
time it appears to the Pre... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-152 | Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).]
145. Rules of Court, etc.—(1) Subject to the provisions of any law
made by Parliament, the Supreme Court may from time to time, with the
approval of the President, make rules for regulating generally the practice and
procedure of the Court inclu... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-153 | 1[(cc) rules as to the proceedings in the Court under 2[article
139A];]
(d) rules as to the entertainment of appeals under sub-clause (c) of
clause (1) of article 134;
(e) rules as to the conditions subject to which any judgment
pronounced or order made by the Court may be reviewed an... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-154 | interpretation of this Constitution or for the purpose of hearing any reference
under article 143 shall be five:
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for "articles 131A
and 139A" (... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-155 | the appeal involves a substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal of the
appeal, such Court shall refer the question for opinion to a Court constituted as
required by this clause for the purpose of deciding any c... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-156 | the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the
conditions of service of officers and servants of the Supreme Court shall be
such as may be prescribed by rules made by the Chief Justice of India or by
some other Judge or o... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-157 | (including any enactment amending or supplementing that Act), or of any
Order in Council or order made thereunder, or of the Indian Independence Act,
1947, or of any order made thereunder.
CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA
148. Comptroller and Auditor-General of India.—(1) There shall be... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-158 | office either under the Government of India or under the Government of any
State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law made by
Parliament, the conditions of service of persons serving in the Indian Audit and
Accounts Department and th... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-159 | immediately before the commencement of this Constitution in relation to the
accounts of the Dominion of India and of the Provinces respectively.
1 [150. Form of accounts of the Union and of the States.—The
accounts of the Union and of the States shall be kept in such form as the
P... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-160 | 3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
100
PART VI
THE STATES 1***
CHAPTER I.—GENERAL
152. Definition.—In this Part, unless the context otherwise requires, the
expression “State” 2[does not include the State of Jammu a... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-161 | (2) The Governor may, by writing under his hand addressed to the
President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall
hold office for a term of five years from the date on which he enters upon his
office:
1. The words "IN PART A OF THE ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-162 | State specified in the First Schedule, and if a member of either House of
Parliament or of a House of the Legislature of any such State be appointed
Governor, he shall be deemed to have vacated his seat in that House on the date
on which he enters upon his office as Governor.
(2) The Gover... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-163 | upon his office, make and subscribe in the presence of the Chief Justice of the
High Court exercising jurisdiction in relation to the State, or, in his absence, the
senior most Judge of that Court available, an oath or affirmation in the
following form, that is to say—
“I, A. B., do swear in the name... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-164 | offence against any law relating to a matter to which the executive power of the
State extends.
162. Extent of executive power of State.—Subject to the provisions of
this Constitution, the executive power of a State shall extend to the matters with
respect to which the Legislature of the State has power to make law... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-165 | (3) The question whether any, and if so what, advice was tendered by
Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers.—(1) The Chief Minister shall
be appointed by the Governor and the other Ministers shall be appointed by the
Governor on... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-166 | per cent. or the number specified in the first proviso, as the case may be, then
the total number of Ministers in that State shall be brought in conformity with
the provisions of this clause within six months from such date 4*** as the
President may by public notification appoint.
(1B) A member of the ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-167 | (w.e.f. 12-6-2006).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 4, for "Orissa"
(w.e.f. 1-11-2011).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004).
4. 7-1-2004, vide notification number S.O. 21(E), dated 7-1-2004.
104
(4) A Minis... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-168 | duties of a legal character, as may from time to time be referred or assigned to
him by the Governor, and to discharge the functions conferred on him by or
under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of th... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-169 | and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23
(w.e.f. 20-6-1979).
105
167. Duties of Chief Minister as respects the furnishing of
information to Governor, etc.—It shall be the duty of the Chief Minister of
each State—
(a) to communicate to the Governor of the ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-170 | 1. The words "Andhra Pradesh," omitted by the Andhra Pradesh Legislative Council
(Abolition) Act, 1985 (34 of 1985), s. 4 (w.e.f. 1-6-1985).
2 . Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3
(w.e.f. 30-3-2007).
3. The word "Bombay" omitted by the Bombay Reor... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-171 | "Mysore" (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh
Amendment) Act, 1956, s. 8(1) (w.e.f. 1-11-1956).
8. The word, "Punjab," omitted by the Punjab Legislative Council (Abolition) Act, 1969
(46 of 1969), s. 4 (w.e.f. 7-1-1970).
9. Ins. by the Tamil Nadu Legislative Council ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-172 | Notwithstanding anything in article 168, Parliament may by law provide for the
abolition of the Legislative Council of a State having such a Council or for the
creation of such a Council in a State having no such Council, if the Legislative
Assembly of the State passes a resolution to that effect by a ma... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-173 | practicable, be the same throughout the State.
2[Explanation.—In this clause, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
1 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9,... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-174 | Provided that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing Assembly:
3[Provided further that such readjustment shall take effect from such date
as the President may, by order, specify and until such readjustment takes effect,
any ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-175 | (w.e.f. 21-2-2002).
2. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for "1991"
(w.e.f. 22-6-2003). The figures "1991" were substituted for the original figures "1971"
by the Constitution (Eighty fourth Amendment) Act, 2001, s. 5 (w.e.f. 21 -2-2002).
3. Ins. by the Constitution (... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-176 | State—
(a) as nearly as may be, one-third shall be elected by electorates
consisting of members of municipalities, district boards and such other
local authorities in the State as Parliament may by law specify;
(b) as nearly as may be, one-twelfth shall be elected by electorates
consist... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-177 | clause (3) shall be chosen in such territorial constituencies as may be prescribed
by or under any law made by Parliament, and the elections under the said
sub-clauses and under sub-clause (d) of the said clause shall be held in
accordance with the system of proportional representation... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-178 | may be on the expiration of every second year in accordance with the
provisions made in that behalf by Parliament by law.
173. Qualification for membership of the State Legislature.—A
person shall not be qualified to be chosen to fill a seat in the Legislature of a
State unless he—
2[(a) is a ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-179 | 10-1963).
110
1 [174. Sessions of
the State Legislature, prorogation and
dissolution.—(1) The Governor shall from time to time summon the House or
each House of the Legislature of the State to meet at such time and place as he
thinks fit, but six months shall not intervene between its last sittin... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-180 | taken into consideration.
176. Special address by the Governor.—(1) At the commencement of
2[the first session after each general election to the Legislative Assembly and at
the commencement of the first session of each year], the Governor shall
address the Legislative Assembly or, in the case of a State... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-181 | 2. Subs. by s. 9, ibid., for "every session" (w.e.f. 18-6-1951).
3. The words "and for the precedence of such discussion over other business of the
House" omitted by s. 9, ibid. (w.e.f. 18-6-1951).
111
Officers of the State Legislature
178. The Speaker and Deputy Speaker of
the Legislative
A... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-182 | (c) may be removed from his office by a resolution of the
Assembly passed by a majority of all the then members of the Assembly:
Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days' notice has been given of the intention to move the
resolution:
Provided... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-183 | Speaker from his office is under consideration, the Speaker, or while any
resolution for the removal of the Deputy Speaker from his office is under
consideration, the Deputy Speaker, shall not, though he is present, preside, and
the provisions of clause (2) of article 180 shall apply in relati... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-184 | to be Chairman or Deputy Chairman, as the case may be.
183. Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.—A member holding office as Chairman or
Deputy Chairman of a Legislative Council—
(a) shall vacate his office if he ceases to be a member of the Council;
... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-185 | by the rules of procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as Chairman.
113
185. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.—(1) At any
sitting of ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-186 | and the Chairman and Deputy Chairman.—There shall be paid to the
Speaker and the Deputy Speaker of the Legislative Assembly, and to the
Chairman and the Deputy Chairman of the Legislative Council, such salaries
and allowances as may be respectively fixed by the Legislature of the State... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-187 | 114
Conduct of Business
188. Oath or affirmation by members.—Every member of the
Legislative Assembly or the Legislative Council of a State shall, before taking
his seat, make and subscribe before the Governor, or some person appointed in
that behalf by him, an oath or affirmation according to the form set... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-188 | quorum to constitute a meeting of a House of the Legislature of a State shall be
ten members or one-tenth of the total number of members of the House,
whichever is greater.
(4) If at any time during a meeting of the Legislative Assembly or the
Legislative Council of a State there is ... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-189 | States specified in the First Schedule and if a person is chosen a member of the
Legislatures of two or more such States, then, at the expiration of such period
as may be specified in rules1 made by the President, that person's seat in the
Legislatures of all such States shall become vacant, unl... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-190 | of a State is without permission of the House absent from all meetings thereof,
the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall
be taken of any period during which the House is prorogued or is adjourned for
more than four consecutive days.
191. Disq... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-191 | the Government of any State specified in the First Schedule, other than
an office declared by the Legislature of the State by law not to disqualify
its holder;]
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-192 | and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall
obtain the opinion of the Election Commission and shall act according to such
opinion.]
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32 to read as "(a) if
he holds any such office of prof... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-193 | 117
193. Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.—If a person
sits or votes as a member of the Legislative Assembly or the Legislative
Council of a State before he has complied with the requirements of article 188,
or... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-194 | Legislature of any report, paper, votes or proceedings.
1[(3) In other respects, the powers, privileges and immunities of a House
of the Legislature of a State, and of the members and the committees of a
House of such Legislature, shall be such as may from time to time be defined
by the Legislature by... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-195 | accordance with those of the Council of States, and of its members and committees
where such House is the Legislative Council." (date not notified). This amendment
was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45
(w.e.f. 19-6-1979)."
2. Subs. by the Con... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-196 | immediately before the commencement of this Constitution applicable in the
case of members of the Legislative Assembly of the corresponding Province.
Legislative Procedure
196. Provisions as to introduction and passing of Bills.—(1) Subject
to the provisions of articles 198 and 207 with respect to Mon... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-197 | than Money Bills.—(1) If after a Bill has been passed by the Legislative
Assembly of a State having a Legislative Council and transmitted to the
Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is
laid before t... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-198 | time with such amendments, if any, as have been made or suggested by the Legislative
Council and agreed to by the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill.
198. Special procedure in respect of Money Bills.—(1) A Money Bill
shall not be introduced in a Legislative Council.
(2) A... | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-199 | Legislative Council.
120
(5) If a Money Bill passed by the Legislative Assembly and transmitted
to the Legislative Council for its recommendations is not returned to the
Legislative Assembly within the said period of fourteen days, it shall be
deemed to have been passed by both Houses at the ... | https://legislative.gov.in/sites/default/files/COI...pdf |
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