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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;... | 90 |
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, or discharging the functions of, president, the duties of the office shall be performed by the deputy chairm... | 91 |
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 ... | 92 |
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 ... | 93 |
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... | 94 |
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 pre... | 95 |
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 speaker from his office is under consideration, the speaker, or while any resolution for the removal of the d... | 96 |
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 parliam... | 97 |
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 p... | 98 |
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 affirmation according to the form set out for the purpose in the third schedule. | 99 |
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 a... | 100 |
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.
(2) no person shall be a member both of parliament and of a house of the legislat... | 101 |
disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of either house of parliament —
(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 it... | 102 |
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 ... | 103 |
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 with the requirements of article 99, or when he knows that he is not qualified or that he is disqualifi... | 104 |
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 ... | 105 |
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 were immediately before th... | 106 |
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 b... | 107 |
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 ... | 108 |
special procedure in respect of money bills: (1) a money bill shall not be introduced in the council of states.
(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 ... | 109 |
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 borrowi... | 110 |
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 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 b... | 111 |
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... | 112 |
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... | 113 |
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
... | 114 |
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 current financial year is found to be insufficient for the purposes of that year or when a need has aris... | 115 |
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 proce... | 116 |
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 counci... | 117 |
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 co... | 118 |
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 business in, each house of parliament in relation to any financial matter or to any bill for the appropriat... | 119 |
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, a... | 120 |
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 provid... | 121 |
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 t... | 122 |
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... | 123 |
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 ... | 124 |
salaries, etc, of judges: (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 ... | 125 |
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 ... | 126 |
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, 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, r... | 127 |
attendance of retired judges at sittings of the supreme court: notwithstanding anything in this chapter, the chief justice of india 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 or who has held the office o... | 128 |
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. | 129 |
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. | 130 |
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 o... | 131 |
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, if the high court certifies under article 134a that the... | 132 |
appellate jurisdiction of supreme court in appeals from high courts in regard to civil matters: (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 if the high court certifies under article 134a—
(a) that the case invo... | 133 |
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 ... | 134 |
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 ap... | 134A |
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 do not apply if jurisdiction and ... | 135 |
special leave to appeal by the supreme court: (1) notwithstanding anything in this chapter, the supreme court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of india.
(2... | 136 |
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. | 137 |
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 go... | 138 |
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 ... | 139 |
transfer of certain cases: (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 b... | 139A |
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 jurisd... | 140 |
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. | 141 |
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 order so made shall be enfor... | 142 |
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... | 143 |
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. | 144 |
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;
(b) rule... | 145 |
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 spe... | 146 |
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 am... | 147 |
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 ... | 148 |
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 ... | 149 |
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, on the advice of the comptroller and auditor-general of india, prescribe. | 150 |
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 sta... | 151 |
definition: in this part, unless the context otherwise requires, the expression “state” does not include the state of jammu and kashmir. | 152 |
governors of states: there shall be a governor for each state:
provided that nothing in this article shall prevent the appointment of the same person as governor for two or more states. | 153 |
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 co... | 154 |
appointment of governor: the governor of a state shall be appointed by the president by warrant under his hand and seal. | 155 |
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.
(3) subject to the foregoing provisions of this article, a governor shall hold office for a term of five years from ... | 156 |
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. | 157 |
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 parliament or of a house of the legislature of any such state be appointed governor, he shall be deemed ... | 158 |
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 seniormost judge of t... | 159 |
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. | 160 |
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 relatin... | 161 |
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 hav... | 162 |
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.
... | 163 |
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:
provided that in the states of 1 [chhattisgarh, jhar... | 164 |
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 ... | 165 |
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 ... | 166 |
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 legis... | 167 |
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 andhra pradesh, bihar, madhya pradesh, maharashtra, karnataka, and uttar pradesh, two houses;
(b) in other states, one house.
(2) where there are two house... | 168 |
abolition or creation of legislative councils in states: (1) 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 st... | 169 |
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), ea... | 170 |
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 one-third of the total number of members in the legislative assembly of that state:
provided that the total number of members in the legislative council of a state... | 171 |
duration of state legislatures: (1) every legislative assembly of every state, unless sooner dissolved, shall continue for 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... | 172 |
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 —
(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... | 173 |
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 i... | 174 |
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 member... | 175 |
special address by the governor: (1) at the commencement of 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 assemb... | 176 |
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 spea... | 177 |
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 ... | 178 |
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 ... | 179 |
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 a... | 180 |
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 resolution for the removal of the ... | 181 |
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 counc... | 182 |
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 m... | 183 |
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 m... | 184 |
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 t... | 185 |
salaries and allowances of the speaker and deputy speaker 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 ... | 186 |
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 ... | 187 |
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