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"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).
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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 place as he thinks fit, but six months shall not intervene between
its last sitting in one session and the date appointed for its first sitting in the
next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.]
86. Right of President to address and send messages to Houses.—(1)
The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of members.
(2) The President may send messages to either House of Parliament,
whether with respect to a Bill then pending in Parliament or otherwise, and a
House to which any message is so sent shall with all convenient despatch
consider any matter required by the message to be taken into consideration.
87. Special address by the President.—(1) At the commencement of
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
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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 rules regulating the procedure of
either House for the allotment of time for discussion of the matters referred to
in such address 3***.
88. Rights of Ministers and Attorney-General as respects Houses.—
Every Minister and the Attorney-General of India shall have the right to speak
in, and otherwise to take part in the proceedings of, either House, any joint
sitting of the Houses, and any committee of Parliament of which he may be
named a member, but shall not by virtue of this article be entitled to vote.
1 . Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85
(w.e.f. 18-6-1951).
2. Subs. by the Constitution (First Amendment) Act, 1951, s. 7, 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. 7, ibid. (w.e.f. 18-6-1951).
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Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.—(1)
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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 as the office of
Deputy Chairman becomes vacant, the Council shall choose another member to
be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of
Deputy Chairman.—A member holding office as Deputy Chairman of the
Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the
Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council
passed by a majority of all the then members of the Council:
Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days’ notice has been given of the intention to move the
resolution.
91. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.—(1) While the office of
Chairman is vacant, or during any period when the Vice-President is acting as,
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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 as the President may
appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council of
States the Deputy Chairman, or, if he is also absent, such person as may be
determined by the rules of procedure of the Council, or, if no such person is present,
such other person as may be determined by the Council, shall act as Chairman.
92. 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 the Council of States, while any resolution for the removal of the
Vice-President from his office is under consideration, the Chairman, or while
any resolution for the removal of the Deputy Chairman from his office is under
consideration, the Deputy Chairman, shall not, though he is present, preside,
and the provisions of clause (2) of article 91 shall apply in relation to every
such sitting as they apply in relation to a sitting from which the Chairman, or,
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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.
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(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 the Vice-President from his office is under consideration in the
Council, but, notwithstanding anything in article 100, shall not be entitled to
vote at all on such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People.—
The House of the People shall, as soon as may be, choose two members of the
House to be respectively Speaker and Deputy Speaker thereof and, so often as
the office of Speaker or Deputy Speaker becomes vacant, the House shall
choose another member to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.— A member holding office as Speaker or
Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the House of
the People;
(b) may at any time, by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is
the Deputy Speaker, to the Speaker, resign his office; and
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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 has been given of the intention to move the
resolution:
Provided further that, whenever the House of the People is dissolved, the
Speaker shall not vacate his office until immediately before the first meeting of
the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.—(1) While the office of Speaker
is vacant, the duties of the office shall be performed by the Deputy Speaker or,
if the office of Deputy Speaker is also vacant, by such member of the House of
the People as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the
People the Deputy Speaker or, if he is also absent, such person as may be determined
by the rules of procedure of the House, or, if no such person is present, such other
person as may be determined by the House, shall act as Speaker.
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96. The Speaker or the Deputy Speaker not to preside while a
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
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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 office is under
consideration, the Deputy Speaker, shall not, though he is present, preside, and
the provisions of clause (2) of article 95 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the Speaker, or, as the
case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take
part in the proceedings of, the House of the People while any resolution for his
the House and shall,
removal from office is under consideration in
notwithstanding anything in article 100, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but
not in the case of an equality of votes.
97. Salaries and allowances of the Chairman and Deputy Chairman
and the Speaker and Deputy Speaker.—There shall be paid to the Chairman
and the Deputy Chairman of the Council of States, and to the Speaker and the
Deputy Speaker of the House of the People, such salaries and allowances as may
be respectively fixed by Parliament by law and, until provision in that behalf is so
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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 a separate secretarial staff:
Provided that nothing in this clause shall be construed as preventing the
creation of posts common to both Houses of Parliament.
(2) Parliament may by law regulate the recruitment, and the conditions
of service of persons appointed, to the secretarial staff of either House of
Parliament.
(3) Until provision is made by Parliament under clause (2), the President
may, after consultation with the Speaker of the House of the People or the
Chairman of the Council of States, as the case may be, make rules regulating
the recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the Council of States, and any
rules so made shall have effect subject to the provisions of any law made under
the said clause.
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Conduct of Business
99. Oath or affirmation by members.—Every member of either House
of Parliament shall, before taking his seat, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
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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 questions at any sitting of either House or joint sitting of the Houses shall be
determined by a majority of votes of the members present and voting, other
than the Speaker or person acting as Chairman or Speaker.
The Chairman or Speaker, or person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case of an
equality of votes.
(2) Either House of Parliament shall have power to act notwithstanding
any vacancy in the membership thereof, and any proceedings in Parliament shall
be valid notwithstanding that it is discovered subsequently that some person who
was not entitled so to do sat or voted or otherwise took part in the proceedings.
1 [(3) Until Parliament by law otherwise provides, the quorum to
constitute a meeting of either House of Parliament shall be one-tenth of the
total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall
be the duty of the Chairman or Speaker, or person acting as such, either to
adjourn the House or to suspend the meeting until there is a quorum.]
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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 seat in one
House or the other.
1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1973, s. 18 (date not
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 45 (w.e.f. 20-6-1979).
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(2) No person shall be a member both of Parliament and of a House of
the Legislature of a State 1***, and if a person is chosen a member both of
Parliament and of a House of the Legislature of 2 [a State], then, at the
expiration of such period as may be specified in rules made by the President,
that person’s seat in Parliament shall become vacant, unless he has previously
resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in
3[clause (1) or clause (2) of article 102], or
4[(b) resigns his seat by writing under his hand addressed to the
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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 referred to in sub-clause
(b), if from information received or otherwise and after making such inquiry as
he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept such
resignation.]
(4) If for a period of sixty days a member of either House of Parliament
is without permission of the House absent from all meetings thereof, the House
may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall
be taken of any period during which the House is prorogued or is adjourned for
more than four consecutive days.
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch., ibid., for "such a State" (w.e.f. 1-11-1956).
See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of
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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
article 102" (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974).
5. Ins. by s.2, ibid. (w.e.f. 19-5-1974).
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102. Disqualifications
for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of either House of
Parliament—
1[(a) if he holds any office of profit under the Government of India
or the Government of any State, other than an office declared by
Parliament by law not to disqualify its holder;]
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the
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(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 clause] a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State by reason only that he is a Minister either for the
Union or for such State.
3[(2) A person shall be disqualified for being a member of either House
of Parliament if he is so disqualified under the Tenth Schedule.]
4[103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of Parliament
has become subject to any of the disqualifications mentioned in clause (1) of
article 102, the question shall be referred for the decision of the President and
his decision shall be final.
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as "(a) if he
holds any such office of profit under the Government of India or the Government of any
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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. 20-6-1979).
2 . Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for "(2) for the
purposes of this article" (w.e.f. 1-3-1985).
3. Ins. by s. 3, ibid. (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103 (w.e.f. 3-
1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 14,
for art. 103 (w.e.f. 20-6-1979).
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(2) Before giving any decision on any such question, the President shall
obtain the opinion of the Election Commission and shall act according to such
opinion.]
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.—If a person
sits or votes as a member of either House of Parliament before he has complied
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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 be liable in
respect of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the Union.
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.—(1) Subject to the provisions of this
Constitution and to the rules and standing orders regulating the procedure of
Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in Parliament or any committee
thereof, and no person shall be so liable in respect of the publication by or under the
authority of either House of Parliament of any report, paper, votes or proceedings.
1[(3) In other respects, the powers, privileges and immunities of each
House of Parliament, and of the members and the committees of each House,
shall be such as may from time to time be defined by Parliament by law, and,
until so defined, 2 [shall be those of that House and of its members and
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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
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 45 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain
words (w.e.f. 20-6-1979).
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(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of Parliament or any
committee thereof as they apply in relation to members of Parliament.
106. Salaries and allowances of members.—Members of either House
of Parliament shall be entitled to receive such salaries and allowances as may
from time to time be determined by Parliament by law and, until provision in
that respect is so made, allowances at such rates and upon such conditions as
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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.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.—(1) Subject
to the provisions of articles 109 and 117 with respect to Money Bills and other
financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be
deemed to have been passed by the Houses of Parliament unless it has been
agreed to by both Houses, either without amendment or with such amendments
only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the
prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been passed by
the House of the People shall not lapse on a dissolution of the House of the
People.
(5) A Bill which is pending in the House of the People, or which having
been passed by the House of the People is pending in the Council of States,
shall, subject to the provisions of article 108, lapse on a dissolution of the
House of the People.
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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 Houses have finally disagreed as to the amendments to be
made in the Bill; or
(c) more than six months elapse from the date of the reception of the
Bill by the other House without the Bill being passed by it,
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the President may, unless the Bill has elapsed by reason of a dissolution of the
House of the People, notify to the Houses by message if they are sitting or by
public notification if they are not sitting, his intention to summon them to meet
in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in clause
(1), no account shall be taken of any period during which the House referred to
in sub-clause (c) of that clause is prorogued or adjourned for more than four
consecutive days.
(3) Where the President has under clause (1) notified his intention of
summoning the Houses to meet in a joint sitting, neither House shall proceed
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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 shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments,
if any, as are agreed to in joint sitting, is passed by a majority of the total number
of members of both Houses present and voting, it shall be deemed for the
purposes of this Constitution to have been passed by both Houses:
Provided that at a joint sitting—
(a) if the Bill, having been passed by one House, has not been passed
by the other House with amendments and returned to the House in which
it originated, no amendment shall be proposed to the Bill other than such
amendments (if any) as are made necessary by the delay in the passage
of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as
aforesaid shall be proposed to the Bill and such other amendments as are
relevant to the matters with respect to which the Houses have not agreed;
and the decision of the person presiding as to the amendments which are admissible
under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed
thereat, notwithstanding that a dissolution of the House of the People has
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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.
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(2) After a Money Bill has been passed by the House of the People it
shall be transmitted to the Council of States for its recommendations and the
Council of States shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the House of the People with its
recommendations and the House of the People may thereupon either accept or
reject all or any of the recommendations of the Council of States.
(3) If the House of the People accepts any of the recommendations of the
Council of States, the Money Bill shall be deemed to have been passed by both
Houses with the amendments recommended by the Council of States and
accepted by the House of the People.
(4) If
the House of
the People does not accept any of
the
recommendations of the Council of States, the Money Bill shall be deemed to
have been passed by both Houses in the form in which it was passed by the
House of the People without any of the amendments recommended by the
Council of States.
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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 shall be deemed to have
been passed by both Houses at the expiration of the said period in the form in
which it was passed by the House of the People.
110. Definition of “Money Bills”.—(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions
dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any
tax;
(b) the regulation of the borrowing of money or the giving of any
guarantee by the Government of India, or the amendment of the law with
respect to any financial obligations undertaken or to be undertaken by
the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of
India, the payment of moneys into or the withdrawal of moneys from any
such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
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(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
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expenditure;
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(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).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or for the
demand or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted
to the Council of States under article 109, and when it is presented to the
President for assent under article 111, the certificate of the Speaker of the
House of the People signed by him that it is a Money Bill.
111. Assent to Bills.—When a Bill has been passed by the Houses of
Parliament, it shall be presented to the President, and the President shall declare
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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
to the Houses with a message requesting that they will reconsider the Bill or
any specified provisions thereof and, in particular, will consider the desirability
of introducing any such amendments as he may recommend in his message,
and when a Bill is so returned, the Houses shall reconsider the Bill accordingly,
and if the Bill is passed again by the Houses with or without amendment and
presented to the President for assent, the President shall not withhold assent
therefrom.
Procedure in Financial Matters
112. Annual financial statement.—(1) The President shall in respect of
every financial year cause to be laid before both the Houses of Parliament a
statement of the estimated receipts and expenditure of the Government of India
for that year, in this Part referred to as the "annual financial statement''.
(2) The estimates of expenditure embodied in the annual financial
statement shall show separately—
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(a) the sums required to meet expenditure described by this
Constitution as expenditure charged upon the Consolidated Fund of
India; and
(b) the sums required to meet other expenditure proposed to be
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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) the emoluments and allowances of the President and other
expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy
Chairman of the Council of States and the Speaker and the Deputy
Speaker of the House of the People;
(c) debt charges for which the Government of India is liable
including interest, sinking fund charges and redemption charges, and
other expenditure relating to the raising of loans and the service and
redemption of debt;
(d) (i) the salaries, allowances and pensions payable to or in
respect of Judges of the Supreme Court;
(ii) the pensions payable to or in respect of Judges of the Federal
Court;
(iii) the pensions payable to or in respect of Judges of any High
Court which exercises jurisdiction in relation to any area included in the
territory of India or which at any time before the commencement of this
Constitution exercised jurisdiction in relation to any area included in
1[a Governor's Province of the Dominion of India];
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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 court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by
Parliament by law to be so charged.
113. Procedure in Parliament with respect to estimates.—(1) So
much of the estimates as relates to expenditure charged upon the Consolidated
Fund of India shall not be submitted to the vote of Parliament, but nothing in
this clause shall be construed as preventing the discussion in either House of
Parliament of any of those estimates.
1 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for
"a Province corresponding to a State specified in Part A of the First Schedule"
(w.e.f. 1-11-1956).
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(2) So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the House of the People, and the
House of the People shall have power to assent, or to refuse to assent, to any
demand, or to assent to any demand subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made except on the recommendation
of the President.
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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 of the Consolidated Fund
of India of all moneys required to meet—
(a) the grants so made by the House of the People; and
(b) the expenditure charged on the Consolidated Fund of India but
not exceeding in any case the amount shown in the statement previously
laid before Parliament.
(2) No amendment shall be proposed to any such Bill in either House of
Parliament which will have the effect of varying the amount or altering the
destination of any grant so made or of varying the amount of any expenditure
charged on the Consolidated Fund of India, and the decision of the person
presiding as to whether an amendment is inadmissible under this clause shall be
final.
(3) Subject to the provisions of articles 115 and 116, no money shall be
withdrawn from the Consolidated Fund of India except under appropriation
made by law passed in accordance with the provisions of this article.
115. Supplementary, additional or excess grants.—(1) The President
shall—
(a) if the amount authorised by any law made in accordance with the
provisions of article 114 to be expended for a particular service for the
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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
contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial
year in excess of the amount granted for that service and for that year,
cause to be laid before both the Houses of Parliament another statement
showing the estimated amount of that expenditure or cause to be presented to
the House of the People a demand for such excess, as the case may be.
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(2) The provisions of articles 112, 113 and 114 shall have effect in
relation to any such statement and expenditure or demand and also to any law
to be made authorising the appropriation of moneys out of the Consolidated
Fund of India to meet such expenditure or the grant in respect of such demand
as they have effect in relation to the annual financial statement and the
expenditure mentioned therein or to a demand for a grant and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated
Fund of India to meet such expenditure or grant.
116. Votes on account, votes of
credit and
exceptional
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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
expenditure for a part of any financial year pending the completion of
the procedure prescribed in article 113 for the voting of such grant and
the passing of the law in accordance with the provisions of article 114 in
relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the
resources of India when on account of the magnitude or the indefinite
character of the service the demand cannot be stated with the details
ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current
service of any financial year,
and Parliament shall have power to authorise by law the withdrawal of moneys from
the Consolidated Fund of India for the purposes for which the said grants are made.
(2) The provisions of articles 113 and 114 shall have effect in relation to
the making of any grant under clause (1) and to any law to be made under that
clause as they have effect in relation to the making of a grant with regard to any
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.
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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 specified in sub-clauses (a) to (f) of
clause (1) of article 110 shall not be introduced or moved except on the
recommendation of the President and a Bill making such provision shall not be
introduced in the Council of States:
Provided that no recommendation shall be required under this clause for
the moving of an amendment making provision for the reduction or abolition of
any tax.
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(2) A Bill or amendment shall not be deemed to make provision for any
of the matters aforesaid by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees for
licences or fees for services rendered, or by reason that it provides for the
imposition, abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve
expenditure from the Consolidated Fund of India shall not be passed by either
House of Parliament unless the President has recommended to that House the
consideration of the Bill.
Procedure Generally
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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 business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature of the Dominion of India shall have
effect in relation to Parliament subject to such modifications and adaptations as
may be made therein by the Chairman of the Council of States or the Speaker
of the House of the People, as the case may be.
(3) The President, after consultation with the Chairman of the Council of
States and the Speaker of the House of the People, may make rules as to the
procedure with respect to joint sittings of, and communications between, the
two Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of the
People, or in his absence such person as may be determined by rules of
procedure made under clause (3), shall preside.
119. Regulation by law of procedure in Parliament in relation to
financial business.— Parliament may, for the purpose of the timely completion
of financial business, regulate by law the procedure of, and the conduct of
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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 inconsistent with any
rule made by a House of Parliament under clause (1) of article 118 or with any
rule or standing order having effect in relation to Parliament under clause (2) of
that article, such provision shall prevail.
The brackets and words "(including the quorum to constitute a meeting of the House"
ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 22 (date not notified).
This amendment was omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 45 (w.e.f. 20-6-1979).
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120. Language to be used in Parliament.—(1) Notwithstanding
anything in Part XVII, but subject to the provisions of article 348, business in
Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the
House of the People, or person acting as such, as the case may be, may permit
any member who cannot adequately express himself in Hindi or in English to
address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after
the expiration of a period of fifteen years from the commencement of this
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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 any Judge of the
Supreme Court or of a High Court in the discharge of his duties except upon a
motion for presenting an address to the President praying for the removal of the
Judge as hereinafter provided.
122. Courts not to inquire into proceedings of Parliament.—(1) The
validity of any proceedings in Parliament shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by
or under this Constitution for regulating procedure or the conduct of business,
or for maintaining order, in Parliament shall be subject to the jurisdiction of any
court in respect of the exercise by him of those powers.
CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of
Parliament.—(1) If at any time, except when both Houses of Parliament are in
session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of Parliament, but every such Ordinance—
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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, upon the passing of the second of those
resolutions; and
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(b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to
reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision
which Parliament would not under this Constitution be competent to enact, it
shall be void.
1(4)* * * * *
CHAPTER IV.—THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.—(1) There
shall be a Supreme Court of India consisting of a Chief Justice of India and,
until Parliament by law prescribes a larger number, of not more than [seven]
other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the
President by warrant under his hand and seal 2[on the recommendation of the
National Judicial Appointments Commission referred to in article 124A] and
shall hold office until he attains the age of sixty-five years:
3[*
4[Provided that]—
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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 Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and
omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).
Now “thirty-three” vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019),
s. 2 (w.e.f. 9-8-2019).
2. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for "after consultation with
such of the Judges of the Supreme Court and of the High Court in the States as the President may
deem necessary for the purpose" (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. The first proviso was omitted by s. 2, ibid. The proviso was as under:—
"Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief
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"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 India in its judgment dated 16-10-2015, AIR 2016 SC 117.
4. Subs. by s. 2, ibid. for "provided further that" (w.e.f.13.4.2015).This amendment has been struck
down by the Supreme Court in the Supreme Court Advocates-on-Record Association and another Vs
Union of India judgment dated 16-10-2015, AIR 2016 SC 117.
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1[(2A) The age of a Judge of the Supreme Court shall be determined by
such authority and in such manner as Parliament may by law provide.]
(3) A person shall not be qualified for appointment as a Judge of the
Supreme Court unless he is a citizen of India and—
(a) has been for at least five years a Judge of a High Court or of
two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or
of two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I.—In this clause "High Court'' means a High Court which
exercises, or which at any time before the commencement of this Constitution
exercised, jurisdiction in any part of the territory of India.
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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 inferior to that of a district judge after he became an
advocate shall be included.
(4) A Judge of the Supreme Court shall not be removed from his office
except by an order of the President passed after an address by each House of
Parliament supported by a majority of the total membership of that House and
by a majority of not less than two-thirds of the members of that House present
and voting has been presented to the President in the same session for such
removal on the ground of proved misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of
an address and for the investigation and proof of the misbehaviour or incapacity
of a Judge under clause (4).
(6) Every person appointed to be a Judge of the Supreme Court shall,
before he enters upon his office, make and subscribe before the President, or
some person appointed in that behalf by him, an oath or affirmation according
to the form set out for the purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall
plead or act in any court or before any authority within the territory of India.
2 [124A. National Judicial Appointments Commission.—(1) There
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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 (Fifteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
2. Ins. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 3 (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.
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(a) the Chief Justice of India, Chairperson, ex officio;
(b) two other senior Judges of the Supreme Court next to the
Chief Justice of India––Members, ex officio;
(c) the Union Minister in charge of Law and Justice––Member, ex
officio;
(d) two eminent persons to be nominated by the committee
consisting of the Prime Minister, the Chief Justice of India and the
Leader of Opposition in the House of the People or where there is no
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
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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:
Provided further that an eminent person shall be nominated for a
period of three years and shall not be eligible for renomination.
(2) No act or proceedings of the National Judicial Appointments
Commission shall be questioned or be invalidated merely on the ground of the
existence of any vacancy or defect in the constitution of the Commission.
124B. Functions of Commission.––It shall be the duty of the National
Judicial Appointments Commission to—
(a) recommend persons for appointment as Chief Justice of India,
Judges of the Supreme Court, Chief Justices of High Courts and other
Judges of High Courts;
(b) recommend transfer of Chief Justices and other Judges of High
Courts from one High Court to any other High Court; and
(c) ensure that the person recommended is of ability and integrity.
124C. Power of Parliament to make law.––Parliament may, by law,
regulate the procedure for the appointment of Chief Justice of India and other
Judges of the Supreme Court and Chief Justices and other Judges of High
Courts and empower the Commission to lay down by regulations the procedure
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.]
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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, until provision in that behalf is so made, such salaries as are specified in
the Second Schedule.]
(2) Every Judge shall be entitled to such privileges and allowances and to such
rights in respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so determined, to such
privileges, allowances and rights as are specified in the Second Schedule:
1 . Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1)
(w.e.f. 1-4-1986).
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Provided that neither the privileges nor the allowances of a Judge nor his
rights in respect of leave of absence or pension shall be varied to his
disadvantage after his appointment.
126. Appointment of acting Chief Justice.—When the office of Chief
Justice of India is vacant or when the Chief Justice is, by reason of absence or
otherwise, unable to perform the duties of his office, the duties of the office
shall be performed by such one of the other Judges of the Court as the President
may appoint for the purpose.
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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 [the National Judicial Appointments
Commission on a reference made to it by the Chief Justice of India, may with
the previous consent of the President] and after consultation with the Chief
Justice of the High Court concerned, request in writing the attendance at the
sittings of the Court, as an ad hoc Judge, for such period as may be necessary,
of a Judge of a High Court duly qualified for appointment as a Judge of the
Supreme Court to be designated by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in
priority to other duties of his office, to attend the sittings of the Supreme Court
at the time and for the period for which his attendance is required, and while so
attending he shall have all the jurisdiction, powers and privileges, and shall
discharge the duties, of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme
Court.—Notwithstanding anything in this Chapter, 2 [the National Judicial
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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 Judge
of a High Court and is duly qualified for appointment as a Judge of the
Supreme Court] to sit and act as a Judge of the Supreme Court, and every such
person so requested shall, while so sitting and acting, be entitled to such
allowances as the President may by order determine and have all the
jurisdiction, powers and privileges of, but shall not otherwise be deemed to be,
a Judge of that Court:
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for "the Chief
Justice of India may, with the previous consent of the President" (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.
2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment
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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 Constitution (Fifteenth Amendment) Act, 1963, s.3 (w.e.f. 5-10-1963).
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Provided that nothing in this article shall be deemed to require any such
person as aforesaid to sit and act as a Judge of that Court unless he consents so
to do.
129. Supreme Court to be a court of record.—The Supreme Court
shall be a court of record and shall have all the powers of such a court including
the power to punish for contempt of itself.
130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or
in such other place or places, as the Chief Justice of India may, with the
approval of the President, from time to time, appoint.
131. Original jurisdiction of the Supreme Court.—Subject to the
provisions of this Constitution, the Supreme Court shall, to the exclusion of any
other court, have original jurisdiction in any dispute—
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one
side and one or more other States on the other; or
(c) between two or more States,
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(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 jurisdiction shall not extend to a dispute arising
out of any treaty, agreement, covenant, engagement, sanad or other similar
instrument which, having been entered
the
commencement of this Constitution, continues in operation after such
commencement, or which provides that the said jurisdiction shall not extend to
such a dispute.]
into or executed before
2 [131A. Exclusive jurisdiction of the Supreme Court in regard to
questions as to constitutional validity of Central laws.].—Omitted by the
Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978).
132. Appellate jurisdiction of Supreme Court in appeals from High
Courts in certain cases.—(1) An appeal shall lie to the Supreme Court from
any judgment, decree or final order of a High Court in the territory of India,
whether in a civil, criminal or other proceeding, 3[if the High Court certifies
under article 134A] that the case involves a substantial question of law as to the
interpretation of this Constitution.
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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. 1-2-1977).
3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the High
Court certifies" (w.e.f. 1-8-1979).
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1(2)* * * * *
(3) Where such a certificate is given, 2*** any party in the case may
appeal to the Supreme Court on the ground that any such question as aforesaid
has been wrongly decided 2***.
Explanation.—For the purposes of this article, the expression “final
order” includes an order deciding an issue which, if decided in favour of the
appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from High
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
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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 law of general
importance; and
(b) that in the opinion of the High Court the said question needs to be
decided by the Supreme Court.]
(2) Notwithstanding anything in article 132, any party appealing to the
Supreme Court under clause (1) may urge as one of the grounds in such appeal
that a substantial question of law as to the interpretation of this Constitution has
been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament
by law otherwise provides, lie to the Supreme Court from the judgment, decree or final
order of one Judge of a High Court.
134. Appellate jurisdiction of Supreme Court in regard to criminal
matters.—(1) An appeal shall lie to the Supreme Court from any judgment,
final order or sentence in a criminal proceeding of a High Court in the territory
of India if the High Court—
(a) has on appeal reversed an order of acquittal of an accused person
and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court
subordinate to its authority and has in such trial convicted the accused
person and sentenced him to death; or
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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 Court certifies" (w.e.f. 1-8-1979).
2. Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).
3. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f. 27-
2-1973).
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s.18, for "if the High Court
certifies.—" (w.e.f. 1-8-1979).
5. Subs. by s. 19, ibid., for "certifies" (w.e.f. 1-8-1979).
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Provided that an appeal under sub-clause (c) shall lie subject to such
provisions as may be made in that behalf under clause (1) of article 145 and to
such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further
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
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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 making a judgment, decree, final order, or sentence, referred to
in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article
134,—
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party
aggrieved, immediately after the passing or making of such judgment,
decree, final order or sentence,
determine, as soon as may be after such passing or making, the question
whether a certificate of the nature referred to in clause (1) of article 132, or
clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of
article 134, may be given in respect of that case.]
135. Jurisdiction and powers of the Federal Court under existing
law to be exercisable by the Supreme Court.—Until Parliament by law
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
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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 this
Constitution under any existing law.
leave
136. Special
to appeal by
the Supreme Court.—(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special
judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India.
leave to appeal from any
(2) Nothing in clause (1) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted by or
under any law relating to the Armed Forces.
137. Review of judgments or orders by the Supreme Court.—Subject
to the provisions of any law made by Parliament or any rules made under
article 145, the Supreme Court shall have power to review any judgment
pronounced or order made by it.
1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 20 (w.e.f. 1-8-1979).
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138. Enlargement of the jurisdiction of the Supreme Court.—(1) The
Supreme Court shall have such further jurisdiction and powers with respect to
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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 matter as the Government of India and the Government of
any State may by special agreement confer, if Parliament by law provides for
the exercise of such jurisdiction and powers by the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain
writs.—Parliament may by law confer on the Supreme Court power to issue
directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, or any of them, for any
purposes other than those mentioned in clause (2) of article 32.
1[139A. Transfer of certain cases.—2[(1) Where cases involving the
same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more High
Courts and the Supreme Court is satisfied on its own motion or on an
application made by the Attorney-General of India or by a party to any such
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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 that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of its
judgment on such questions to the High Court from which the case has been
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of
the case in conformity with such judgment.]
(2) The Supreme Court may, if it deems it expedient so to do for the ends
of justice, transfer any case, appeal or other proceedings pending before any
High Court to any other High Court.]
140. Ancillary powers of Supreme Court.—Parliament may by law
make provision for conferring upon the Supreme Court such supplemental
powers not inconsistent with any of the provisions of this Constitution as may
appear to be necessary or desirable for the purpose of enabling the Court more
effectively to exercise the jurisdiction conferred upon it by or under this
Constitution.
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
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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).
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141. Law declared by Supreme Court to be binding on all courts.—
The law declared by the Supreme Court shall be binding on all courts within
the territory of India.
142. Enforcement of decrees and orders of Supreme Court and
orders as to discovery, etc.—(1) The Supreme Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India in
such manner as may be prescribed by or under any law made by Parliament
and, until provision in that behalf is so made, in such manner as the President
may by order1 prescribe.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Supreme Court shall, as respects the whole of the territory of
India, have all and every power to make any order for the purpose of securing
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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 President that a question of law or fact has arisen, or is
likely to arise, which is of such a nature and of such public importance that it is
expedient to obtain the opinion of the Supreme Court upon it, he may refer the
question to that Court for consideration and the Court may, after such hearing
as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in 2*** the proviso to
article 131, refer a dispute of the kind mentioned in the 3[said proviso] to the
Supreme Court for opinion and the Supreme Court shall, after such hearing as it
thinks fit, report to the President its opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme
Court.—All authorities, civil and judicial, in the territory of India shall act in
aid of the Supreme Court.
4 [144A. [Special provisions as to disposal of questions relating to
constitutional validity of laws.].—Omitted by the Constitution (Forty-third
Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).]
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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 including—
(a) rules as to the persons practising before the Court;
1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).
2. The words, brackets and figure "clause (i) of" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch., ibid., for "said clause" (w.e.f. 1-11-1956).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).
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(b) rules as to the procedure for hearing appeals and other matters
pertaining to appeals including the time within which appeals to the
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of
any of the rights conferred by Part III;
1[(cc) rules as to the proceedings in the Court under 2[article
139A];]
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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 and the
procedure for such review including the time within which applications
to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the
Court and as to the fees to be charged in respect of proceedings therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal
which appears to the Court to be frivolous or vexatious or brought for
the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause
(1) of article 317.
(2) Subject to the 3[provisions of 4*** clause (3)], rules made under this
article may fix the minimum number of Judges who are to sit for any purpose,
and may provide for the powers of single Judges and Division Courts.
(3) 5[4***The minimum number] of Judges who are to sit for the purpose
of deciding any case involving a substantial question of law as to the
interpretation of this Constitution or for the purpose of hearing any reference
under article 143 shall be five:
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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" (w.e.f. 13-4-1978).
3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "provisions
of clause (3)" (w.e.f. 1-2-1977).
4. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6
(w.e.f. 13-4-1978).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "The
minimum number" (w.e.f. 1-2-1977).
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Provided that, where the Court hearing an appeal under any of the
provisions of this Chapter other than article 132 consists of less than five
Judges and in the course of the hearing of the appeal the Court is satisfied that
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
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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 case involving such a
question and shall on receipt of the opinion dispose of the appeal in conformity
with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open
Court, and no report shall be made under article 143 save in accordance with an
opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at the
hearing of the case, but nothing in this clause shall be deemed to prevent a
Judge who does not concur from delivering a dissenting judgment or opinion.
146. Officers and servants and the expenses of the Supreme Court.—
(1) Appointments of officers and servants of the Supreme Court shall be made
by the Chief Justice of India or such other Judge or officer of the Court as he
may direct:
Provided that the President may by rule require that in such cases as may
be specified in the rule, no person not already attached to the Court shall be
appointed to any office connected with the Court, save after consultation with
the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the
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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 officer of the Court authorised by the Chief Justice of
India to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate
to salaries, allowances, leave or pensions, require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all
salaries, allowances and pensions payable to or in respect of the officers and
servants of the Court, shall be charged upon the Consolidated Fund of India,
and any fees or other moneys taken by the Court shall form part of that Fund.
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147. Interpretation.—In this Chapter and in Chapter V of Part VI,
references to any substantial question of law as to the interpretation of this
Constitution shall be construed as including references to any substantial
question of law as to the interpretation of the Government of India Act, 1935
(including any enactment amending or supplementing that Act), or of any
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(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 a
Comptroller and Auditor-General of India who shall be appointed by the
President by warrant under his hand and seal and shall only be removed from
office in like manner and on the like grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General
of India shall, before he enters upon his office, make and subscribe before the
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.
(3) The salary and other conditions of service of the Comptroller and
Auditor-General shall be such as may be determined by Parliament by law and,
until they are so determined, shall be as specified in the Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-General
nor his rights in respect of leave of absence, pension or age of retirement shall
be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for further
office either under the Government of India or under the Government of any
State after he has ceased to hold his office.
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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 the administrative powers of the Comptroller and
Auditor-General shall be such as may be prescribed by rules made by the
President after consultation with the Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and
Auditor-General, including all salaries, allowances and pensions payable to or
in respect of persons serving in that office, shall be charged upon the
Consolidated Fund of India.
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149. Duties and powers of the Comptroller and Auditor-General.—
The Comptroller and Auditor-General shall perform such duties and exercise
such powers in relation to the accounts of the Union and of the States and of
any other authority or body as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, shall perform such
duties and exercise such powers in relation to the accounts of the Union and of
the States as were conferred on or exercisable by the Auditor-General of India
immediately before the commencement of this Constitution in relation to the
accounts of the Dominion of India and of the Provinces respectively.
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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
President may, 2[on the advice of] the Comptroller and Auditor-General of
India, prescribe.]
151. Audit reports.—(1) The reports of the Comptroller and Auditor-
General of India relating to the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating
to the accounts of a State shall be submitted to the Governor 3*** of the State,
who shall cause them to be laid before the Legislature of the State.
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art.150
(w.e.f. 1-4-1977).
2 . Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for "after
consultation with" (w.e.f. 20-6-1979).
3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
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3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
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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 and Kashmir].
CHAPTER II.—THE EXECUTIVE
The Governor
153. Governors of States.—There shall be a Governor for each State:
3[Provided that nothing in this article shall prevent the appointment of
the same person as Governor for two or more States.]
154. Executive power of State.—(1) The executive power of the State
shall be vested in the Governor and shall be exercised by him either directly or
through officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by
any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring
by law functions on any authority subordinate to the Governor.
155. Appointment of Governor.—The Governor of a State shall be
appointed by the President by warrant under his hand and seal.
156. Term of office of Governor.—(1) The Governor shall hold office
during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the
President, resign his office.
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(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 FIRST SCHEDULE" omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch. ibid., for "means a State specified in Part A of the First
Schedule" (w.e.f. 1-11-1956).
3. Added by s. 6, ibid. (w.e.f. 1-11-1956).
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Provided that a Governor shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his office.
157. Qualifications for appointment as Governor.—No person shall
be eligible for appointment as Governor unless he is a citizen of India and has
completed the age of thirty-five years.
158. Conditions of Governor's office.—(1) The Governor shall not be a
member of either House of Parliament or of a House of the Legislature of any
State specified in the First Schedule, and if a member of either House of
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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 Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use of
his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
1[(3A) Where the same person is appointed as Governor of two or more
States, the emoluments and allowances payable to the Governor shall be allocated
among the States in such proportion as the President may by order determine.]
(4) The emoluments and allowances of the Governor shall not be
diminished during his term of office.
159. Oath or affirmation by the Governor.—Every Governor and
every person discharging the functions of the Governor shall, before entering
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
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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 of God that I will faithfully execute the
solemnly affirm
office of Governor (or discharge the functions of the Governor) of
.........(name of the State) and will to the best of my ability preserve, protect
and defend the Constitution and the law and that I will devote myself to the
service and well-being of the people of ..……(name of the State).”.
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1 -11-1956).
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160. Discharge of the functions of the Governor in certain
contingencies.—The President may make such provision as he thinks fit for the
discharge of the functions of the Governor of a State in any contingency not
provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—The Governor of a State shall have
the power to grant pardons, reprieves, respites or remissions of punishment or
to suspend, remit or commute the sentence of any person convicted of any
offence against any law relating to a matter to which the executive power of the
State extends.
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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 laws:
Provided that in any matter with respect to which the Legislature of a
State and Parliament have power to make laws, the executive power of the
State shall be subject to, and limited by, the executive power expressly
conferred by this Constitution or by any law made by Parliament upon the
Union or authorities thereof.
Council of Ministers
163. Council of Ministers to aid and advise Governor.—(1) There shall
be a Council of Ministers with the Chief Minister at the head to aid and advise the
Governor in the exercise of his functions, except in so far as he is by or under this
Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as
respects which the Governor is by or under this Constitution required to act in
his discretion, the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called in question on
the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by
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(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 the advice of the Chief Minister, and the Ministers shall hold
office during the pleasure of the Governor:
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Provided that in the States of 1 [Chhattisgarh, Jharkhand], Madhya
Pradesh and 2[Odisha] there shall be a Minister in charge of tribal welfare who
may in addition be in charge of the welfare of the Scheduled Castes and
backward classes or any other work.
3[(1A) The total number of Ministers, including the Chief Minister, in
the Council of Ministers in a State shall not exceed fifteen per cent. of the total
number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a
State shall not be less than twelve:
Provided further that where the total number of Ministers including the
Chief Minister in the Council of Ministers in any State at the commencement of
the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen
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
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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 Legislative Assembly of a State or either House of
the Legislature of a State having Legislative Council belonging to any political
party who is disqualified for being a member of that House under paragraph 2
of the Tenth Schedule shall also be disqualified to be appointed as a Minister
under clause (1) for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member
would expire or where he contests any election to the Legislative Assembly of
a State or either House of the Legislature of a State having Legislative Council,
as the case may be, before the expiry of such period, till the date on which he is
declared elected, whichever is earlier.]
(2) The Council of Ministers shall be collectively responsible to the
Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall
administer to him the oaths of office and of secrecy according to the forms set
out for the purpose in the Third Schedule.
1. Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for "Bihar"
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(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.
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(4) A Minister who for any period of six consecutive months is not a
member of the Legislature of the State shall at the expiration of that period
cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature
of the State may from time to time by law determine and, until the Legislature of the
State so determines, shall be as specified in the Second Schedule.
The Advocate-General for the State
165. Advocate-General for the State.—(1) The Governor of each State
shall appoint a person who is qualified to be appointed a Judge of a High Court
to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the
Government of the State upon such legal matters, and to perform such other
duties of a legal character, as may from time to time be referred or assigned to
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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 the
Governor, and shall receive such remuneration as the Governor may determine.
Conduct of Government Business
166. Conduct of Business of the Government of a State.—(1) All
executive action of the Government of a State shall be expressed to be taken in
the name of the Governor.
(2) Orders and other instruments made and executed in the name of the
Governor shall be authenticated in such manner as may be specified in rules to
be made by the Governor, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not an order
or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of
the business of the Government of the State, and for the allocation among
Ministers of the said business in so far as it is not business with respect to which
the Governor is by or under this Constitution required to act in his discretion.
1(4)* * * *
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977)
and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23
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and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23
(w.e.f. 20-6-1979).
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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 State all decisions of the
Council of Ministers relating to the administration of the affairs of the
State and proposals for legislation;
(b) to furnish such information relating to the administration of the
affairs of the State and proposals for legislation as the Governor may call
for; and
(c) if the Governor so requires, to submit for the consideration of the
Council of Ministers any matter on which a decision has been taken by a
Minister but which has not been considered by the Council.
CHAPTER III.—THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.—(1) For every State there
shall be a Legislature which shall consist of the Governor, and—
(a) in the States of 1*** 2[Andhra Pradesh], Bihar, 3*** 4[Madhya
Pradesh], 5 *** 6 [Maharashtra], 7 [Karnataka], 8 *** 9 [ 10 [Tamil Nadu,
Telangana]] 11[and Uttar Pradesh], two Houses;
1. The words "Andhra Pradesh," omitted by the Andhra Pradesh Legislative Council
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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 Reorganisation Act, 1960 (11 of 1960)
s. 20 (w.e.f. 1-5-1960).
4. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 8 (date to be notified).
5. The words "Tamil Nadu," omitted by the Tamil Nadu Legislative Council (Abolition)
Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).
6. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1 -5-1960).
7. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for
"Mysore" (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh
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"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 Act, 2010 (16 of 2010), s. 3 (date to be
notified).
10. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for "Tamil
Nadu" (w.e.f. 2-6-2014).
11. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4
for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969).
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(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall
be known as the Legislative Council and the other as the Legislative Assembly,
and where there is only one House, it shall be known as the Legislative
Assembly.
169. Abolition or creation of Legislative Councils in States.—(1)
Notwithstanding anything in article 168, Parliament may by law provide for the
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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 majority of the
total membership of the Assembly and by a majority of not less than two-thirds
of the members of the Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such provisions for the
amendment of this Constitution as may be necessary to give effect to the
provisions of the law and may also contain such supplemental, incidental and
consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.
1[170. Composition of the Legislative Assemblies.—(1) Subject to the
provisions of article 333, the Legislative Assembly of each State shall consist
of not more than five hundred, and not less than sixty, members chosen by
direct election from territorial constituencies in the State.
(2) For the purposes of clause (1), each State shall be divided into
territorial constituencies in such manner that the ratio between the population
of each constituency and the number of seats allotted to it shall, so far as
practicable, be the same throughout the State.
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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, for art. 170
(w.e.f. 1-11-1956).
2 . Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 29, for the
Explanation (w.e.f. 3-1-1977).
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Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 1[2026] have been
published, be construed as a reference to the 2[2001] census.]
(3) Upon the completion of each census, the total number of seats in the
Legislative Assembly of each State and the division of each State into territorial
constituencies shall be readjusted by such authority and in such manner as
Parliament may by law determine:
Provided that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing Assembly:
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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 election to the Legislative Assembly may be held on the basis of the
territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken
after the year 1[2026] have been published, it shall not be necessary to
4[readjust—
(i) the total number of seats in the Legislative Assembly of each State
as readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be
readjusted on the basis of the 2[2001] census,
under this clause.]
171. Composition of the Legislative Councils.—(1) The total number
of members in the Legislative Council of a State having such a Council shall
not exceed 5[one-third] of the total number of members in the Legislative
Assembly of that State:
1. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for "2000"
(w.e.f. 21-2-2002).
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(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 (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977).
4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain
words (w.e.f. 21-2-2002).
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for "one-fourth"
(w.e.f. 1-11-1956).
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Provided that the total number of members in the Legislative Council of
a State shall in no case be less than forty.
(2) Until Parliament by law otherwise provides, the composition of the
Legislative Council of a State shall be as provided in clause (3).
(3) Of the total number of members of the Legislative Council of a
State—
(a) as nearly as may be, one-third shall be elected by electorates
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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
consisting of persons residing in the State who have been for at least
three years graduates of any university in the territory of India or have
been for at least three years in possession of qualifications prescribed by
or under any law made by Parliament as equivalent to that of a graduate
of any such university;
(c) as nearly as may be, one-twelfth shall be elected by electorates
consisting of persons who have been for at least three years engaged in
teaching in such educational institutions within the State, not lower in
standard than that of a secondary school, as may be prescribed by or
under any law made by Parliament;
(d) as nearly as may be, one-third shall be elected by the members of
the Legislative Assembly of the State from amongst persons who are not
members of the Assembly;
(e) the remainder shall be nominated by the Governor in accordance
with the provisions of clause (5).
(4) The members to be elected under sub-clauses (a), (b) and (c) of
clause (3) shall be chosen in such territorial constituencies as may be prescribed
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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 by means of the
single transferable vote.
(5) The members to be nominated by the Governor under sub-clause (e)
of clause (3) shall consist of persons having special knowledge or practical
experience in respect of such matters as the following, namely:—
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Literature, science, art, co-operative movement and social service.
172. Duration of State Legislatures.—(1) Every Legislative Assembly
of every State, unless sooner dissolved, shall continue for 1[five years] from the
date appointed for its first meeting and no longer and the expiration of the said
period of 1[five years] shall operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency is
in operation, be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case beyond a period of six months after
the Proclamation has ceased to operate.
(2) The Legislative Council of a State shall not be subject to dissolution,
but as nearly as possible one-third of the members thereof shall retire as soon as
may be on the expiration of every second year in accordance with the
provisions made in that behalf by Parliament by law.
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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 citizen of India, and makes and subscribes before some
person authorised in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;]
(b) is, in the case of a seat in the Legislative Assembly, not less than
twenty-five years of age and, in the case of a seat in the Legislative
Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 30, for "five years"
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,
1978, s. 24, for "six years" (w.e.f. 6-9-1979).
2. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. (a) (w.e.f. 5-
10-1963).
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1 [174. Sessions of
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10-1963).
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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 sitting in one
session and the date appointed for its first sitting in the next session.
(2) The Governor may from time to time—
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.]
175. Right of Governor to address and send messages to the House
or Houses.—(1) The Governor may address the Legislative Assembly or, in
the case of a State having a Legislative Council, either House of the Legislature
of the State, or both Houses assembled together, and may for that purpose
require the attendance of members.
(2) The Governor may send messages to the House or Houses of the
Legislature of the State, whether with respect to a Bill then pending in the
Legislature or otherwise, and a House to which any message is so sent shall
with all convenient despatch consider any matter required by the message to be
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
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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 having a Legislative
Council, both Houses assembled together and inform the Legislature of the
causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the
House or either House for the allotment of time for discussion of the matters
referred to in such address 3***.
177. Rights of Ministers and Advocate-General as respects the
Houses.—Every Minister and the Advocate-General for a State shall have the
right to speak in, and otherwise to take part in the proceedings of, the
Legislative Assembly of the State or, in the case of a State having a Legislative
Council, both Houses, and to speak in, and otherwise to take part in the
proceedings of, any committee of the Legislature of which he may be named a
member, but shall not, by virtue of this article, be entitled to vote.
1 . Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art.174
(w.e.f. 18-6-1951).
2. Subs. by s. 9, ibid., for "every session" (w.e.f. 18-6-1951).
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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).
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Officers of the State Legislature
178. The Speaker and Deputy Speaker of
the Legislative
Assembly.—Every Legislative Assembly of a State shall, as soon as may be,
choose two members of the Assembly to be respectively Speaker and Deputy
Speaker thereof and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall choose another member to be Speaker or
Deputy Speaker, as the case may be.
179. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.—A member holding office as Speaker or
Deputy Speaker of an Assembly—
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is
the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the
Assembly passed by a majority of all the then members of the Assembly:
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(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 further that, whenever the Assembly is dissolved, the Speaker
shall not vacate his office until immediately before the first meeting of the
Assembly after the dissolution.
180. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.—(1) While the office of Speaker
is vacant, the duties of the office shall be performed by the Deputy Speaker or,
if the office of Deputy Speaker is also vacant, by such member of the Assembly
as the Governor may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the Assembly
the Deputy Speaker or, if he is also absent, such person as may be determined
by the rules of procedure of the Assembly, or, if no such person is present, such
other person as may be determined by the Assembly, shall act as Speaker.
181. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.—(1) At any
sitting of the Legislative Assembly, while any resolution for the removal of the
Speaker from his office is under consideration, the Speaker, or while any
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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 relation to every such
sitting as they apply in relation to a sitting from which the Speaker or, as the
case may be, the Deputy Speaker, is absent.
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(2) The Speaker shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Assembly while any resolution for
his removal from office is under consideration in the Assembly and shall,
notwithstanding anything in article 189, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but
not in the case of an equality of votes.
182. The Chairman and Deputy Chairman of the Legislative
Council.—The Legislative Council of every State having such Council shall, as
soon as may be, choose two members of the Council to be respectively
Chairman and Deputy Chairman thereof and, so often as the office of Chairman
or Deputy Chairman becomes vacant, the Council shall choose another member
to be Chairman or Deputy Chairman, as the case may be.
183. Vacation and resignation of, and removal from, the offices of
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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;
(b) may at any time by writing under his hand addressed, if such
member is the Chairman, to the Deputy Chairman, and if such member is
the Deputy Chairman, to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council
passed by a majority of all the then members of the Council:
Provided that no resolution for the purpose of clause (c) shall be moved unless
at least fourteen days' notice has been given of the intention to move the resolution.
184. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.—(1) While the office of
Chairman is vacant, the duties of the office shall be performed by the Deputy
Chairman or, if the office of Deputy Chairman is also vacant, by such member
of the Council as the Governor may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council
the Deputy Chairman or, if he is also absent, such person as may be determined
by the rules of procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as Chairman.
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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.
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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 the Legislative Council, while any resolution for the removal of the
Chairman from his office is under consideration, the Chairman, or while any
resolution for the removal of the Deputy Chairman from his office is under
consideration, the Deputy Chairman, shall not, though he is present, preside,
and the provisions of clause (2) of article 184 shall apply in relation to every
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.
(2) The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Council while any resolution for his
removal from office is under consideration in the Council and shall,
notwithstanding anything in article 189, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but
not in the case of an equality of votes.
186. Salaries and allowances of the Speaker and Deputy Speaker
and the Chairman and Deputy Chairman.—There shall be paid to the
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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 by
law and, until provision in that behalf is so made, such salaries and allowances
as are specified in the Second Schedule.
187. Secretariat of State Legislature.—(1) The House or each House
of the Legislature of a State shall have a separate secretarial staff:
Provided that nothing in this clause shall, in the case of the Legislature
of a State having a Legislative Council, be construed as preventing the creation
of posts common to both Houses of such Legislature.
(2) The Legislature of a State may by law regulate the recruitment, and
the conditions of service of persons appointed, to the secretarial staff of the
House or Houses of the Legislature of the State.
(3) Until provision is made by the Legislature of the State under clause (2),
the Governor may, after consultation with the Speaker of the Legislative Assembly
or the Chairman of the Legislative Council, as the case may be, make rules
regulating the recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the Assembly or the Council, and any rules so made shall have
effect subject to the provisions of any law made under the said clause.
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Conduct of Business
188. Oath or affirmation by members.—Every member of the
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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 out for the
purpose in the Third Schedule.
189. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.—(1) Save as otherwise provided in this Constitution,
all questions at any sitting of a House of the Legislature of a State shall be
determined by a majority of votes of the members present and voting, other
than the Speaker or Chairman, or person acting as such.
The Speaker or Chairman, or person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case of an
equality of votes.
(2) A House of the Legislature of a State shall have power to act
notwithstanding any vacancy in the membership thereof, and any proceedings
in the Legislature of a State shall be valid notwithstanding that it is discovered
subsequently that some person who was not entitled so to do sat or voted or
otherwise took part in the proceedings.
1[(3) Until the Legislature of the State by law otherwise provides, the
quorum to constitute a meeting of a House of the Legislature of a State shall be
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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 no quorum, it shall be the duty of the
Speaker or Chairman, or person acting as such, either to adjourn the House or
to suspend the meeting until there is a quorum.]
Disqualifications of Members
190. Vacation of seats.—(1) No person shall be a member of both
Houses of the Legislature of a State and provision shall be made by the
Legislature of the State by law for the vacation by a person who is chosen a
member of both Houses of his seat in one house or the other.
1. Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 31 (date not
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 45 (w.e.f. 20-6-1979).
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(2) No person shall be a member of the Legislatures of two or more
States specified in the First Schedule and if a person is chosen a member of the
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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, unless he has previously
resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in
2[clause (1) or clause (2) of article 191]; or
3[(b) resigns his seat by writing under his hand addressed to the
speaker or the Chairman, as the case may be, and his resignation is
accepted by the Speaker or the Chairman, as the case may be,]
his seat shall thereupon become vacant:
4[Provided that in the case of any resignation referred to in sub-clause (b),
if from information received or otherwise and after making such inquiry as he
thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such
resignation is not voluntary or genuine, he shall not accept such resignation.]
(4) If for a period of sixty days a member of a House of the Legislature
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
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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. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of the Legislative
Assembly or Legislative Council of a State—
1 . See the Prohibition of Simultaneous Membership Rules, 1950 published by the
Ministry of Law Notification number F. 46/50-C, dated the 26th January, 1950,
Gazette of India, Extraordinary, p. 678.
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for "clause (1) of
article 191" (w.e.f. 1-3-1985).
3 Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3 (w.e.f. 19-5-1974).
4. Ins. by s. 3, ibid. (w.e.f. 19-5-1974).
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1[(a) if he holds any office of profit under the Government of India or
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;]
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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 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 clause], a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State specified in the First Schedule by reason only that he
is a Minister either for the Union or for such State.
3 [(2) A person shall be disqualified for being a member of the
Legislative Assembly or Legislative Council of a State if he is so disqualified
under the Tenth Schedule.]
4[192. Decision on questions as to disqualifications of members.—(1)
If any question arises as to whether a member of a House of the Legislature of a
State has become subject to any of the disqualifications mentioned in clause (1)
of article 191, the question shall be referred for the decision of the Governor
and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall
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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 profit under the Government of India or the Government of
any State specified in the First Schedule 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. 20-6-1979).
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for "(2) For the
purposes of this article" (w.e.f. 1-3-1985).
3. Ins. by s. 5, ibid. (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33, for art. 192
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,
1978, s. 25, for art. 192 (w.e.f. 20-6-1979).
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
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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 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 or the Legislature of the State, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the State.
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.—(1) Subject to the provisions of this
Constitution and to the rules and standing orders regulating the procedure of the
Legislature, there shall be freedom of speech in the Legislature of every State.
(2) No member of the Legislature of a State shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in
the Legislature or any committee thereof, and no person shall be so liable in
respect of the publication by or under the authority of a House of such a
Legislature of any report, paper, votes or proceedings.
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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 law, and, until so defined, 2[shall be those of that House
and of its members and committees immediately before the coming into force
of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 34 to read as
follows. :
"(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 those of that House, and of its members and Committees, at the
commencement of section 34 of the Constitution (Forty-second Amendment) Act,
1976, and as may be evolved by such House of the House of the People, and of its
members and committees where such House is the Legislative Assembly and in
accordance with those of the Council of States, and of its members and committees
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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 Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain
words (w.e.f. 20-6-1979).
118
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of the Legislature of a State
or any committee thereof as they apply in relation to members of that Legislature.
the
195. Salaries and allowances of members.—Members of
Legislative Assembly and the Legislative Council of a State shall be entitled to
receive such salaries and allowances as may from time to time be determined,
by the Legislature of the State by law and, until provision in that respect is so
made, salaries and 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 Legislative Assembly of the corresponding Province.
Legislative Procedure
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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 Money Bills and other
financial Bills, a Bill may originate in either House of the Legislature of a State
which has a Legislative Council.
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be
deemed to have been passed by the Houses of the Legislature of a State having
a Legislative Council unless it has been agreed to by both Houses, either
without amendment or with such amendments only as are agreed to by both
Houses.
(3) A Bill pending in the Legislature of a State shall not lapse by reason
of the prorogation of the House or Houses thereof.
(4) A Bill pending in the Legislative Council of a State which has not
been passed by the Legislative Assembly shall not lapse on a dissolution of the
Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or
which having been passed by the Legislative Assembly is pending in the
Legislative Council, shall lapse on a dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other
than Money Bills.—(1) If after a Bill has been passed by the Legislative
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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 the Council without the Bill being passed by it; or
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(c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree;
the Legislative Assembly may, subject to the rules regulating its procedure, pass the
Bill again in the same or in any subsequent session with or without such amendments,
if any, as have been made, suggested or agreed to by the Legislative Council and then
transmit the Bill as so passed to the Legislative Council.
(2) If after a Bill has been so passed for the second time by the
Legislative Assembly and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than one month elapses from the date on which the Bill is
laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree;
the Bill shall be deemed to have been passed by the Houses of the Legislature of the
State in the form in which it was passed by the Legislative Assembly for the second
time with such amendments, if any, as have been made or suggested by the Legislative
Council and agreed to by the Legislative Assembly.
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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) After a Money Bill has been passed by the Legislative Assembly of a
State having a Legislative Council, it shall be transmitted to the Legislative
Council for its recommendations, and the Legislative Council shall within a
period of fourteen days from the date of its receipt of the Bill return the Bill to the
Legislative Assembly with its recommendations, and the Legislative Assembly
may thereupon either accept or reject all or any of the recommendations of the
Legislative Council.
(3) If the Legislative Assembly accepts any of the recommendations of
the Legislative Council, the Money Bill shall be deemed to have been passed
by both Houses with the amendments recommended by the Legislative Council
and accepted by the Legislative Assembly.
(4) If
the Legislative Assembly does not accept any of
the
recommendations of the Legislative Council, the Money Bill shall be deemed
to have been passed by both Houses in the form in which it was passed by the
Legislative Assembly without any of the amendments recommended by the
Legislative Council.
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(5) If a Money Bill passed by the Legislative Assembly and transmitted
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Legislative Council.
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(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 expiration of the said period
in the form in which it was passed by the Legislative Assembly.
199. Definition of “Money Bills”.—(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions
dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any
guarantee by the State, or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund
of the State, the payment of moneys into or the withdrawal of moneys
from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of
the State;
(e) the declaring of any expenditure to be expenditure charged on
the Consolidated Fund of the State, or the increasing of the amount of
any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of the
State or the public account of the State or the custody or issue of such
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