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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... | 188 |
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 p... | 189 |
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.
(2) no person shall be a member of the legislat... | 190 |
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 —
(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 t... | 191 |
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... | 192 |
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 ... | 193 |
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 ... | 194 |
salaries and allowances of members: members of the 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... | 195 |
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, ... | 196 |
restriction on powers of legislative council as to bills other 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... | 197 |
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 ... | 198 |
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... | 199 |
assent to bills: when a bill has been passed by the legislative assembly of a state or, in the case of a state having a legislative council, has been passed by both houses of the legislature of the state, it shall be presented to the governor and the governor shall declare either that he assents to the bill or that he ... | 200 |
bills reserved for consideration: when a bill is reserved by a governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom:
provided that, where the bill is not a money bill, the president may direct the governor to return ... | 201 |
annual financial statement: (1) the governor shall in respect of every financial year cause to be laid before the house or houses of the legislature of the state a statement of the estimated receipts and expenditure of the state for that year, in this part referred to as the "annual financial statement".
(2) the es... | 202 |
procedure in legislature with respect to estimates: (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of a state shall not be submitted to the vote of the legislative assembly, but nothing in this clause shall be construed as preventing the discussion in the legislature of any of... | 203 |
appropriation bills: (1) as soon as may be after the grants under article 203 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the state of all moneys required to meet —
(a) the grants so made by the assembly; and
(b) the expenditu... | 204 |
supplementary, additional or excess grants: (1) the governor shall —
(a) if the amount authorised by any law made in accordance with the provisions of article 204 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 arise... | 205 |
votes on account, votes of credit and exceptional grants: (1) notwithstanding anything in the foregoing provisions of this chapter, the legislative assembly of a state 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 ... | 206 |
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 199 shall not be introduced or moved except on the recommendation of the governor, and a bill making such provision shall not be introduced in a legislat... | 207 |
rules of procedure: (1) a house of the legislature of a state 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 commenceme... | 208 |
regulation by law of procedure in the legislature of the state in relation to financial business: the legislature of a state may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the house or houses of the legislature of the state in relat... | 209 |
language to be used in the legislature: (1) notwithstanding anything in part xvii, but subject to the provisions of article 348, business in the legislature of a state shall be transacted in the official language or languages of the state or in hindi or in english: provided that the speaker of the legislative assembly ... | 210 |
restriction on discussion in the legislature: no discussion shall take place in the legislature of a state with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties. | 211 |
courts not to inquire into proceedings of the legislature: (1) the validity of any proceedings in the legislature of a state shall not be called in question on the ground of any alleged irregularity of procedure.
(2) no officer or member of the legislature of a state in whom powers are vested by or under this const... | 212 |
power of governor to promulgate ordinances during recess of legislature: (1) if at any time, except when the legislative assembly of a state is in session, or where there is a legislative council in a state, except when both houses of the legislature are in session, the governor is satisfied that circumstances exist wh... | 213 |
high courts for states: there shall be a high court for each state. | 214 |
high courts to be courts of record: every high 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. | 215 |
constitution of high courts: every high court shall consist of a chief justice and such other judges as the president may from time to time deem it necessary to appoint. | 216 |
appointment and conditions of the office of a judge of a high court: (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justi... | 217 |
application of certain provisions relating to supreme court to high courts: the provisions of clauses (4) and (5) of article 124 shall apply in relation to a high court as they apply in relation to the supreme court with the substitution of references to the high court for references to the supreme court. | 218 |
oath or affirmation by judges of high courts: every person appointed to be a judge of a high court shall, before he enters upon his office, make and subscribe before the governor of the state, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the thi... | 219 |
restriction on practice after being a permanent judge: no person who, after the commencement of this constitution, has held office as a permanent judge of a high court shall plead or act in any court or before any authority in india except the supreme court and the other high courts.
explanation — in this article, the... | 220 |
salaries, etc, of judges: (1) there shall be paid to the judges of each high 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 allowances and to such rights in... | 221 |
transfer of a judge from one high court to another: (1) the president may, after consultation with the chief justice of india, transfer a judge from one high court to any other high court.
(2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constituti... | 222 |
appointment of acting chief justice: when the office of chief justice of a high court is vacant or when any such 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 ... | 223 |
appointment of additional and acting judges: (1) if by reason of any temporary increase in the business of a high court or by reason of arrears of work therein, it appears to the president that the number of the judges of that court should be for the time being increased, the president may appoint duly qualified person... | 224 |
appointment of retired judges at sittings of high courts: notwithstanding anything in this chapter, the chief justice of a high court for any state may at any time, with the previous consent of the president, request any person who has held the office of a judge of that court or of any other high court to sit and act a... | 224A |
jurisdiction of existing high courts: subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective ... | 225 |
power of high courts to issue certain writs: (1) notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions,... | 226 |
power of superintendence over all courts by the high court: (1) every high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
(2) without prejudice to the generality of the foregoing provision, the high court may —
(a) call f... | 227 |
transfer of certain cases to high court: if the high court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may —
(a... | 228 |
officers and servants and the expenses of high courts: (1) appointments of officers and servants of a high court shall be made by the chief justice of the court or such other judge or officer of the court as he may direct:
provided that the governor of the state may by rule require that in such cases as may be s... | 229 |
extension of jurisdiction of high courts to union territories: (1) parliament may by law extend the jurisdiction of a high court to, or exclude the jurisdiction of a high court from, any union territory.
(2) where the high court of a state exercises jurisdiction in relation to a union territory, —
(a) nothing i... | 230 |
establishment of a common high court for two or more states: (1) notwithstanding anything contained in the preceding provisions of this chapter, parliament may by law establish a common high court for two or more states or for two or more states and a union territory.
(2) in relation to any such high court, —
(... | 231 |
appointment of district judges: (1) appointments of persons to be, and the posting and promotion of, district judges in any state shall be made by the governor of the state in consultation with the high court exercising jurisdiction in relation to such state.
(2) a person not already in the service of the union or ... | 233 |
validation of appointments of, and judgments, etc, delivered by, certain district judges: notwithstanding any judgment, decree or order of any court, —
(a) (i) no appointment of any person already in the judicial service of a state or of any person who has been for not less than seven years an advocate or a pleader... | 233A |
recruitment of persons other than district judges to the judicial service: appointments of persons other than district judges to the judicial service of a state shall be made by the governor of the state in accordance with rules made by him in that behalf after consultation with the state public service commission and ... | 234 |
control over subordinate courts: the control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but noth... | 235 |
interpretation: in this chapter —
(a) the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional s... | 236 |
application of the provisions of this chapter to certain class or classes of magistrates: the governor may by public notification direct that the foregoing provisions of this chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or cl... | 237 |
application of provisions of part vi to states in part b of the first schedule: omitted by the constitution (seventh amendment) act, 1956, s. 29and sch. (w.e.f. 1-11-1956). | 238 |
administration of union territories: (1) save as otherwise provided by parliament by law, every union territory shall be administered by the president acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
(2) notwithstanding anything contai... | 239 |
special provisions with respect to delhi: (1) as from the date of commencement of the constitution (sixty-ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof ... | 239 A A |
creation of local legislatures or council of ministers or both for certain union territories: (1) parliament may by law create for the union territory of puducherry —
(a) a body, whether elected or partly nominated and partly elected, to function as a legislature for the union territory, or
(b) a council of min... | 239A |
provision in case of failure of constitutional machinery: if the president, on receipt of a report from the lieutenant governor or otherwise, is satisfied —
(a) that a situation has arisen in which the administration of the national capital territory cannot be carried on in accordance with the provisions of article... | 239AB |
power of administrator to promulgate ordinances during recess of legislature: (1) if at any time, except when the legislature of the union territory of puducherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate ... | 239B |
power of president to make regulations for certain union territories: (1) the president may make regulations for the peace, progress and good government of the union territory of —
(a) the andaman and nicobar islands;
(b) lakshadweep;
(c) dadra and nagar haveli;
(d) daman and diu;
(e) puducherry;
... | 240 |
high courts for union territories: (1) parliament may by law constitute a high court for a union territory or declare any court in any such territory to be a high court for all or any of the purposes of this constitution.
(2) the provisions of chapter v of part vi shall apply in relation to every high court referre... | 241 |
definitions: in this part, unless the context otherwise requires, —
(a) “district” means a district in a state;
(b) “gram sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level;
(c) “intermediate level” me... | 243 |
gram sabha: a gram sabha may exercise such powers and perform such functions at the village level as the legislature of a state may, by law, provide. | 243A |
constitution of panchayats: (1) there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions of this part.
(2) notwithstanding anything in clause (1), panchayats at the intermediate level may not be constituted in a state having a populatio... | 243B |
composition of panchayats: (1) subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the composition of panchayats:
provided that the ratio between the population of the territorial area of a panchayat at any level and the number of seats in such panchaya... | 243C |
reservation of seats: (1) seats shall be reserved for —
(a) the scheduled castes; and
(b) the scheduled tribes,
in every panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the po... | 243D |
duration of panchayats, etc: (1) every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a pa... | 243E |
disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of a panchayat —
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned: provided that no person shall be di... | 243F |
powers, authority and responsibilities of panchayats: subject to the provisions of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the ... | 243G |
powers to impose taxes by, and funds of, the panchayats: the legislature of a state may, by law, —
(a) authorise a panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a panchayat such taxes, duties, tolls and f... | 243H |
constitution of finance commission to review financial position: (1) the governor of a state shall, as soon as may be within one year from the commencement of the constitution (seventy-third amendment) act, 1992, and thereafter at the expiration of every fifth year, constitute a finance commission to review the financi... | 243I |
audit of accounts of panchayats: the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the panchayats and the auditing of such accounts. | 243J |
elections to the panchayats: (1) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a state election commissioner to be appointed by the governor.
(2) subject to the pr... | 243K |
application to union territories: the provisions of this part shall apply to the union territories and shall, in their application to a union territory, have effect as if the references to the governor of a state were references to the administrator of the union territory appointed under article 239 and references to t... | 243L |
part not to apply to certain areas: (1) nothing in this part shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
(2) nothing in this part shall apply to —
(a) the states of nagaland, meghalaya and mizoram;
(b) the hill areas in the s... | 243M |
continuance of existing laws and panchayats: notwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to b... | 243N |
bar to interference by courts in electoral matters: notwithstanding anything in this constitution, —
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243k, shall not be called in question in any c... | 243O |
definitions: in this part, unless the context otherwise requires, —
(a) “committee” means a committee constituted under article 243s;
(b) “district” means a district in a state;
(c) “metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting ... | 243P |
constitution of municipalities: (1) there shall be constituted in every state, —
(a) a nagar panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
(b) a municipal council for a smaller urban area; and
(c) a municipal corporatio... | 243Q |
composition of municipalities: (1) save as provided in clause (2), all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards... | 243R |
constitution and composition of wards committees, etc: (1) there shall be constituted wards committees, consisting of one or more wards, within the territorial area of a municipality having a population of three lakhs or more.
(2) the legislature of a state may, by law, make provision with respect to —
(a) the ... | 243S |
reservation of seats: (1) seats shall be reserved for the scheduled castes and the scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the sc... | 243T |
duration of municipalities, etc: (1) every municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:
provided that a municipality shall be given a reasonable opportunity of being heard before its dis... | 243U |
disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of a municipality —
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned:
provided that no person s... | 243V |
powers, authority and responsibilities of municipalities, etc: subject to the provisions of this constitution, the legislature of a state may, by law, endow —
(a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may cont... | 243W |
power to impose taxes by, and funds of, the municipalities: the legislature of a state may, by law, —
(a) authorise a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a municipality such taxes, duties, to... | 243X |
finance commission: (1) the finance commission constituted under article 243-i shall also review the financial position of the municipalities and make recommendations to the governor as to —
(a) the principles which should govern—
(i) the distribution between the state and the municipalities of the net proceeds... | 243Y |
audit of accounts of municipalities: the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the municipalities and the auditing of such accounts. | 243Z |
elections to the municipalities: (1) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipalities shall be vested in the state election commission referred to in article 243k.
(2) subject to the provisions of this constitution, the leg... | 243ZA |
application to union territories: the provisions of this part shall apply to the union territories and shall, in their application to a union territory, have effect as if the references to the governor of a state were references to the administrator of the union territory appointed under article 239 and references to t... | 243ZB |
part not to apply to certain areas: (1) nothing in this part shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
(2) nothing in this part shall be construed to affect the functions and powers of the darjeeling gorkha hill council constituted ... | 243ZC |
committee for district planning: (1) there shall be constituted in every state at the district level a district planning committee to consolidate the plans prepared by the panchayats and the municipalities in the district and to prepare a draft development plan for the district as a whole.
(2) the legislature of a ... | 243ZD |
committee for metropolitan planning: (1) there shall be constituted in every metropolitan area a metropolitan planning committee to prepare a draft development plan for the metropolitan area as a whole.
(2) the legislature of a state may, by law, make provision with respect to —
(a) the composition of the metro... | 243ZE |
continuance of existing laws and municipalities: notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall cont... | 243ZF |
bar to interference by courts in electoral matters: notwithstanding anything in this constitution, —
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243za shall not be called in question in any c... | 243ZG |
definitions: in this part, unless the context otherwise requires,—
(a) "authorised person" means a person referred to as such in article 243zq;
(b) "board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management ... | 243ZH |
incorporation of co-operative societies: subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic membercontrol, member-economic partic... | 243ZI |
number and term of members of board and its office bearers: (1) the board shall consist of such number of directors as may be provided by the legislature of a state, by law:
provided that the maximum number of directors of a co-operative society shall not exceed twenty-one:
provided further that the legislature... | 243ZJ |
election of members of board: (1) notwithstanding anything contained in any law made by the legislature of a state, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the... | 243ZK |
supersession and suspension of board and interim management: (1) notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under supersession for a period exceeding six months:
provided that the board may be superseded or kept under suspension in a case—
(i)... | 243ZL |
audit of accounts of co-operative societies: (1) the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts at least once in each financial year.
(2) the legislature of a state shall, by law, lay down the minim... | 243ZM |
convening of general body meetings: the legislature of a state may, by law, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such law. | 243ZN |
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