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INDIA
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The Indian
Constitution
is
based on the official English text, consolidated up to the
Constitution (Seventy-eighth Amendment) Act, 1995 [30 Aug 1995].
The 75th to 78th Amendments have been kindly provided by Prof.
Aggrawal in Jan 1997. Cross-references have only been added up to
Article 181. }
Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and
to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them
all FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
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Part I
The Union and its Territory
Article 1 Name and territory of the Union
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified
in the First Schedule.
(3) The territory of India shall comprise -
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
Article 2 Admission or establishment of new States
Parliament may by law admit into the Union, or establish, new
States on such terms and conditions as it thinks fit.
Article 2a Sikkim to be associated with the Union
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Article 3 Formation of new States and alteration of areas,
boundaries or names of existing States
Parliament may by law -
(a) form a new State by separation of territory from any State or
by uniting two or more States or parts of States or by uniting any
territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in
either House of Parliament except on the recommendation of the
President and unless, where the proposal contained in the Bill
affects the area, boundaries or name of any of the States, the
Bill has been referred by the President to the Legislature of that
State for expressing its views thereon within such period as may
be specified in the reference or within such further period as the
President may allow and the period so specified or allowed has
expired.
Explanation I: In this article, in clauses (a) to (e),
"State" includes a Union territory, but in the proviso,
"State" does not include a Union territory.
Explanation II: The power conferred on Parliament by clause (a)
includes the power to form a new State or Union territory by
uniting a part of any other State or Union territory to any other
State of Union territory.
Article 4 Laws made under articles 2 and 3 to provide for
the amendment of the First and the Fourth Schedule and
supplemental, incidental and consequential matters
(1) Any law referred to in article 2 or article 3 shall contain
such provisions for the amendment of the First Schedule and the
Fourth Schedule as may be necessary to give effect to the
provisions of the law and may also contain such supplemental,
incidental and consequential provisions (including provisions as
to representation in Parliament and in the Legislature or
Legislatures of the State or States affected by such law) as
Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be in amendment of
this Constitution for the purposes of article 368.
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Part
II Citizenship
Article 5 Citizenship at the commencement of the Constitution
At the commencement of this Constitution, every person who has his
domicile in the territory of India and -
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for
not less than five years immediately preceding such commencement,
shall be a citizen of India.
Article 6 Rights of citizenship of certain persons who have
migrated to India from Pakistan
Notwithstanding anything in article 5, a person who has migrated
to the territory of India from the territory now included in
Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if -
(a) he or either of his parents or any of his grand-parents was
born in India as defined in the Government of India Act, 1935 (as
originally enacted); and
(b)(i) in the case where such person has so migrated before the
nineteenth day of July, 1948, he has been ordinarily resident in
the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen
of India by an officer appointed in that behalf by the Government
of the Dominion of India on an application made by him therefor to
such officer before the commencement of this Constitution in the
form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been
resident in the territory of India for at least six months
immediately preceding the date of his application.
Article 7 Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles 5 and 6, a person who has
after the first day of March, 1947, migrated from the territory of
India to the territory now included in Pakistan shall not be
deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who,
after having so migrated to the territory now included in
Pakistan, has returned to the territory of India under a permit
for resettlement or permanent return issued by or under the
authority of any law and every such person shall for the purposes
of clause (b) of article 6 be deemed to have migrated to the
territory of India after the nineteenth day of July, 1948.
Article 8 Rights of citizenship of certain persons of
Indian origin residing outside India
Notwithstanding anything in article 5, any person who or either of
whose parents or any of whose grand-parents was born in India as
defined in the Government of India Act, 1935 (as originally
enacted), and who is ordinarily residing in any country outside
India as so defined shall be deemed to be a citizen of India if he
has been registered as a citizen of India by the diplomatic or
consular representative of India in the country where he is for
the time being residing on an application made by him therefor to
such diplomatic or consular representative, whether before or
after the commencement of this Constitution, in the form and
manner prescribed by the Government of the Dominion of India or
the Government of India.
Article 9 Persons voluntarily acquiring citizenship of a
foreign State not to be citizens
No person shall be a citizen of India by virtue of article 5, or
be deemed to be a citizen of India by virtue of article 6 or
article 8, if he has voluntarily acquired the citizenship of any
foreign State.
Article 10 Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India under
any of the foregoing provisions of this Part shall, subject to the
provisions of any law that may be made by Parliament, continue to
be such citizen.
Article 11 Parliament to regulate the right of citizenship by
law
Nothing in the foregoing provisions of this Part shall derogate
from the power of Parliament to make any provision with respect to
the acquisition and termination of citizenship and all other
matters relating to citizenship.
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Part
III Fundamental Rights
Article 12 Definition
In this Part, unless the context otherwise required, "the
State" includes the Governmental and Parliament of India and
the Government and the Legislature of each of the States and all
local or other authorities within the territory of India or under
the control of the Government of India.
Article 13 Laws inconsistent with or in derogation of the
fundamental rights
(1) All laws in force in the territory of India immediately before
the commencement of this Constitution, in so far as they are
inconsistent with the provisions of this Part, shall, to the
extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges
the rights conferred by this Part and any law made in
contravention of this clause shall, to the extent of the
contravention, be void.
(3) In this article, unless the context otherwise required, - (a)
"law" includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the territory
of India the force of law;
(b) "laws in force" includes laws passed or made by a
Legislature or other competent authority in the territory of India
before the commencement of this Constitution and not previously
repealed, notwithstanding that any such law or any part thereof
may not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this
Constitution made under article 368.
Article 14 Equality before law
The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.
Article 15 Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any
of them.
(2) No citizen shall, on ground only of religion, race, caste,
sex, place of birth or any of them, be subject to any disability,
liability, restriction or condition with regard to -
(a) access to shops, public restaurants, hotels and places of
public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of
public resort maintained whole or partly out of State funds or
dedicated to the use of general public.
(3) Nothing in this article shall prevent the State from making
any special provision for women and children.
(4) Nothing in this article or in clause (2) or article 29 shall
prevent the State from making any special provision for the
advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.
Article 16 Equality of opportunity in matters of public
employment
(1) There shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any office under
the State.
(2) No citizen shall, on grounds only of religion, race, caste,
sex, descent, place of birth, residence or any of them, be
ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making
any law prescribing, in regard to a class or classes of employment
or appointment to an office under the Government of, or any local
or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory
prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making
any provision for the reservation of appointments or posts in
favour of any backward class of citizens which, in the opinion of
the State, is not adequately represented in the services under the
State.
(4A) Nothing in this article shall prevent the State from making
any provision for reservation in matters of promotion to any class
or classes of posts in the services under the State in favour of
the Scheduled Castes and the Scheduled Tribes which, in the
opinion of the State, are not adequately represented in the
services under the State.
(5) Nothing in this article shall affect the operation of any law
which provides that the incumbent of an office in connection with
the affairs of any religious or denominational institution or any
member of the governing body thereof shall be a person professing
a particular religion or belonging to a particular denomination.
Article 17 Abolition of Untouchability
"Untouchability" is abolished and its practice in any
form is forbidden. The enforcement of any disability arising out
of "Untouchability" shall be an offence punishable in
accordance with law.
Article 18 Abolition of titles
(1) No title, not being a military or academic distinction, shall
be conferred by the State.
(2) No citizen of India shall accept any title from any foreign
State.
(3) No person who is not a citizen of India shall, while he holds
any office of profit or trust under the State, accept without the
consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the
State shall, without the consent of the President, accept any
present, emolument, or office of any kind from or under any
foreign State.
Article 19 Protection of certain rights regarding freedom of
speech, etc.
(1) All citizens shall have the right -
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
and
(f) to practice any profession, or to carry on any occupation,
trade or business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from making
any law, in so far as such law imposes reasonable restrictions on
the exercise of the right conferred by the said sub-clause in the
interests of the sovereignty and integrity of India, the security
of the State, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court,
defamation or incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent
the State from making any law imposing, in the interest of the
sovereignty and integrity of India or public order, reasonable
restrictions on the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent
the State from making any law imposing, in the interests of the
the sovereignty and integrity of India or public order or
morality, reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
(5) Nothing in sub-clause (d) and (e) of the said clause shall
affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, reasonable
restrictions on the exercise of any of the rights conferred by the
said sub-clauses either in the interests of the general public or
for the protection of the interests of any Schedule Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent
the State from making any law imposing, in the interests of the
general public, reasonable restrictions on the exercise of the
right conferred by the said sub-clause, and, in particular,
nothing in the said sub-clause shall affect the operation of any
existing law in so far as it relates to, or prevent the State from
making any law relating to, -
(i) the professional or technical qualifications necessary for
practicing any profession or carrying on any occupation, trade or
business, or
(ii) the carrying on by the State, or by a corporation owned or
controlled by the State, of any trade, business, industry or
service, whether to the exclusion, complete or partial, of
citizens or otherwise.
Article 20 Protection in respect of conviction for offenses
(1) No person shall be convicted of any offence except for
violation of a law in force at the time of the commission of the
act charged as an offence, not be subjected to a penalty greater
than that which might have been inflicted under the law in force
at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same
offence more than once.
(3) No person accused of any offence shall be compelled to be a
witness against himself.
Article 21 Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except
according to procedure established by law.
Article 22 Protection against arrest and detention in certain
cases
(1) No person who is arrested shall be detained in custody without
being informed, as soon as may be, of the grounds for such arrest
nor shall he be denied the right to consult, and to be defended
by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of
twenty-four hours of such arrest excluding the time necessary for
the journey from the place of arrest to court of the magistrate
and no such person shall be detained in custody beyond the said
period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply -
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law
providing for preventive detention.
(4) No law providing for preventive detention shall authorize the
detention of a person for a longer period than three months unless
-
(a) an Advisory Board consisting of persons who are, or have been,
or are qualified to be appointed as, Judges of a High Court has
reported before the expiration of the said period of three months
that there is in its opinion sufficient cause for such detention:
Provided that nothing in this sub-clause shall authorise the
detention of any person beyond the maximum period prescribed by
any law made by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of
any law made by Parliament under sub-clauses (a) and (b) of clause
(7).
(5) When any person is detained in pursuance of an order made
under any law providing for preventive detention, the authority
making the order shall, as soon as may be, communicate to such
person the grounds on which the order has been made and shall
afford him the earliest opportunity of making a representation
against the order.
(6) Nothing in clause (5) shall require the authority making any
such order as is referred to in that clause to disclose facts
which such authority considers to be against the public interest
to disclose.
(7) Parliament may by law prescribe -
(a) the circumstances under which, and the class or classes of
cases in which, a person may be detained for a period longer than
three months under any law providing for preventive detention
without obtaining the opinion of an Advisory Board in accordance
with the provisions of sub-clause (a) of clause (4);
(b) the maximum period for which any person may in any class or
classes of cases be detained under any law providing for
preventive detention; and
(c) the procedure to be followed by an Advisory Board in an
inquiry under sub-clause (a) of clause (4).
Article 23 Prohibition of traffic in human beings and forced
labour
(1) Traffic in human beings and begar and other similar forms of
forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such
service the State shall not make any discrimination on ground only
of religion, race, caste or class or any of them.
Article 24 Prohibition of employment of children in factories,
etc.
No child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous
employment.
Article 25 Freedom of conscience and free profession, practice
and propagation of religion
(1) Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to
freedom of conscience and the right freely to profess, practice
and propagate religion.
(2) Nothing in this article shall affect the operation of any
existing law or prevent the State from making any law -
(a) regulating or restricting any economic, financial, political
or other secular activity which may be associated with religious
practice;
(b) providing for social welfare and reform or the throwing open
of Hindu reli- gious institutions of a public character to all
classes and sections of Hindus.
Explanation I: The wearing and carrying of kirpans shall be deemed
to be included in the profession of the Sikh religion.
Explanation II: In sub-Clause (b) of clause (2), the reference to
Hindus shall be construed as including a reference to persons
professing the Sikh, Jaina or Buddhist religion, and the reference
to Hindu religious institutions shall be construed accordingly.
Article 26 Freedom to manage religious affairs
Subject to public order, morality and health, every religious
denomination or any section thereof shall have the right -
(a) to establish and maintain institutions for religious and
charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
Article 27 Freedom as to payment of taxes for promotion of any
particular religion
No person shall be compelled to pay any taxes, the proceeds of
which are specifically appropriated in payment of expenses for the
promotion or maintenance of any particular religion or religious
denomination.
Article 28 Freedom as to attendance at religious instruction or
religious worship in certain educational institutions
(1) No religious instruction shall be provided in any educational
institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational
institution which is administered by the State but has been
established under any endowment or trust which requires that
religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by
the State or receiving aid out of State funds shall be required to
take part in any religious instruction that may be imparted in
such institution or to attend any religious worship that may be
conducted in such institution or in any premises attached thereto
unless such person or, if such person is minor, his guardian has
given his consent thereto.
Article 29 Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India
or any part thereof having a distinct language, script or culture
of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State
funds on grounds only of religion, race, caste, language or any of
them.
Article 30 Right of minorities to establish and administer
educational institutions
(1) All minorities, whether based on religion or language, shall
have the right to establish and administer educational
institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of
any property of an educational institution established and
administered by a minority, referred to in clause (1), the State
shall ensure that the amount fixed by or determined under such law
for the acquisition of such property is such as would not restrict
or abrogate the right guaranteed under that clause.
(2) The State shall not, in granting aid to educational
institutions, discriminate against any educational institution on
the ground that it is under the management of a minority, whether
based on religion or language.
Article 31 Compulsory acquisition of property
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Article 31A Saving of laws providing for acquisition of
estates, etc.
(1) Notwithstanding anything contained in article 13, no law
providing for -
(a) the acquisition by the State of any estate or of any rights
therein or the extinguishment or modification of any such rights,
or
(b) the taking over of the management of any property by the State
for a limited period either in the public interest or in order to
secure the proper management of the property, or
(c) the amalgamation of two or more corporations either in the
public interest or in order to secure the proper management of any
of the corporations, or
(d) the extinguishment or modification of any rights of managing
agents, secretaries and treasurers, managing directors, directors
or managers of corporations, or of any voting rights of
share-holders thereof, or
(e) the extinguishment or modification of any rights accruing by
virtue of any agreement, lease or licence for the purpose of
searching for, or winning, any mineral or mineral oil, or the
premature termination or cancellation of and such agreement, lease
or licence, shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the rights
conferred by article 14 or article 19: Provided that where such
law is a law made by the Legislature of a State, the provisions of
this article shall not apply thereto unless such law, having been
reserved for the consideration of the President, has received his
assent:
Provided further that where any law makes any provision for the
acquisition by the State of any estate and where any land
comprised therein is held by a person under his personal
cultivation, it shall not be lawful for the State to acquire any
portion of such land as is within the ceiling limit applicable to
him under any law for the time being in force or any building or
structure standing thereon or appurtenant thereto, unless the law
relating to the acquisition of such land, building or structure,
provides for payment of compensation at a rate which shall not be
less than the market value thereof.
(2) In this article, -
(a) the expression "estate" shall, in relation to any
local area, have the same meaning as that expression or its local
equivalent has in the existing law relating to land tenure in
force in that area and shall also include -
(i) any jagir, inam or muafi or other similar grant and in the
States of Tamil Nadu and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of agriculture of for
purposes ancillary thereto, including waste land, forest land,
land for pasture or sites of buildings and other structures
occupied by cultivators of land, agricultural labourers and
village artisans;
(b) the expression "rights", in relation to an estate,
shall include any rights vesting in a proprietor, sub-proprietor,
under-proprietor, tenure-holder, raiyat, under-raiyat or other
intermediary and any rights or privileges in respect of land
revenue.
Article
31B Validation of certain Acts and Regulations
Without prejudice to the generality of the provisions contained in
article 31A, none of the Acts and Regulations specified in the
Ninth Schedule nor any of the provision thereof shall be deemed to
be void, or even to have become void, on the ground that such Act,
Regulation or provision is inconsistent with, or takes away or
abridges any of the rights conferred by, any provisions of this
part, and notwithstanding any judgment, decree or order of any
court or tribunal to the contrary, each of the said Acts and
Regulations shall, subject to the power of any competent
Legislature to repeal or amend it, continue in force.
Article 31C Saving of laws giving effect to certain directive
principles
Notwithstanding anything contained in article 13, no law giving
effect to the policy of the State towards securing all or any of
the principles laid down in Part IV shall be deemed to be void on
the ground that it is inconsistent with, or takes away or abridges
any of the rights conferred by article 14 or article 19; and no
law containing a declaration that it is for giving effect to such
policy shall be called in question in any court on the ground that
it does not give effect to such policy:
Provided that where such law is made by the Legislature of a
State, the provisions of this article shall not apply thereto
unless such law, having been reserved for the consideration of the
President, has received his assent.
Article 31D Saving of laws in respect of anti-national
activities
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Article 32 Remedies for enforcement of rights conferred by this
Part
(1) The right to move the Supreme Court by appropriate proceedings
for the enforcement of the rights conferred by this Part is
guaranteed.
(2) The Supreme Court shall have power to issue directions or
orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever may
be appropriate, for the enforcement of any of the rights conferred
by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court
by clauses (1) and (2), Parliament may by law empower any other
court to exercise within the local limits of its jurisdiction all
or any of the powers exercisable by the Supreme Court under clause
(2).
(4) The right guaranteed by this article shall not be suspended
except as otherwise provided for by this Constitution.
Article 32A Constitutional validity of State laws not to be
considered in proceedings under article 32
{...}
Article 33 Power of Parliament to modify the rights conferred
by this Part in their application to Forces, etc.
Parliament may, by law, determine to what extent any of the rights
conferred by this Part shall, in their application to, -
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of
public order; or
(c) persons employed in any bureau or other organisation
established by the State for purposes of intelligence or counter
intelligence; or
(d) persons employed in, or in connection with, the
telecommunication systems set up for the purposes of any Force,
bureau or organisation referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of
their duties and the maintenance of discipline among them.
Article 34 Restriction on rights conferred by this Part while
marital law is in force in any area
Notwithstanding anything in the foregoing provisions of this Part,
Parliament may by law indemnify any person in the service of the
Union or of a State or any person in respect of any act done by
him in connection with the maintenance or restoration or order in
any area within the territory of India where martial law was in
force or validate any sentence passed, punishment inflicted,
forfeiture ordered or other act done under martial law in such
area.
Article 35 Legislation to give effect to the provisions of this
Part
Notwithstanding anything in this Constitution, -
(a) Parliament shall have, and the Legislature of a State shall
not have, power to make laws -
(i) With respect to any of the matters which under clause (3) of
article 16, clause (3) of article 32, article 33 and article 34
may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared
to be offences under this part,
and Parliament shall, as soon as may be after the commencement of
this Constitution, make laws for prescribing punishment for the
acts referred to in sub-clause (ii);
(b) any law in force immediately before the commencement of this
Constitution in the territory of India with respect to any of the
matters referred to in sub-clause (i) of clause (a) or providing
for punishment for any act referred to in sub-clause (ii) of that
clause shall, subject to the terms thereof and to any adaptations
and modifications that may be made therein under article 372,
continue in force until altered or repealed or amended by
Parliament.
Explanation: In this article, the expression "law in
force" has the same meaning as in article 372.
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Part
IV Directive Principles of State Policy
Article 36 Definition
In this Part, unless the context otherwise requires, "the
State" has the same meaning as in Part III.
Article 37 Application of the principles contained in this Part
The provisions contained in this Part shall not be enforced by any
court, but the principles therein laid down are nevertheless
fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws.
Article 38 State to secure a social order for the promotion of
welfare of the people
(1) The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in
which justice, social, economic and political, shall inform all
the institutions of the national life.
(2) The State shall, in particular, strive to minimise the
inequalities in income, and endeavour to eliminate inequalities in
status, facilities and opportunities, not only amongst individuals
but also amongst groups of people residing in different areas or
engaged in different vocations.
Article 39 Certain principles of policy to be followed by the
State
The State shall, in particular, direct its policy towards securing
-
(a) that the citizen, men and women equally, have the right to an
adequate means of livelihood;
(b) that the ownership and control of the material resources of
the community are so distributed as best to subserve the common
good;
(c) that the operation of the economic system does not result in
the concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and
the tender age of children are not abused and that citizens are
not forced by economic necessity to enter avocations unsuited to
their age or strength;
(f) that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
Article 39A Equal justice and free legal aid
The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of
economic or other disabilities.
Article 40 Organisation of village panchayats
The State shall take steps to organise village panchayats and
endow them with such powers and authority as may be necessary to
enable them to function as units of self-government.
Article 41 Right to work, to education and to public assistance
in certain cases
The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to
work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other
cases of undeserved want.
Article 42 Provision for just and humane conditions of work and
maternity relief
The State shall make provision for securing just and humane
conditions of work and for maternity relief.
Article 43 Living wage, etc., for workers
The State shall endeavor to secure, by suitable legislation or
economic organisation or in any other way, to all workers
agricultural, industrial or otherwise, work, a living wage,
conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in
particular, the State shall endeavour to promote cottage
industries on an individual or co-operative basis in rural areas.
Article 43A Participation of workers in management of
industries
The State shall take steps, by suitable legislation or in any
other way, to secure the participation of workers in the
management of undertakings, establishments or other organisation
engaged in any industry.
Article 44 Uniform civil code for the citizen
The State shall endeavour to secure for the citizens a uniform
civil code throughout the territory of India.
Article 45 Provision for free and compulsory education for
children
The State shall endeavor to provide, within a period of ten years
from the commencement of this Constitution, for free and
compulsory education for all children until they complete the age
of fourteen years.
Article 46 Promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other weaker sections
The State shall promote with special care the educational and
economic interests of the weaker sections of the people, and in
particular, of the Scheduled Castes and the Scheduled Tribes, and
shall protect them from social injustice and all forms of
exploitation.
Article 47 Duty of the State to raise the level of nutrition
and the standard of living and to improve public health
The State shall regard the raising of the level of nutrition and
the standard of living of its people and the improvement of public
health as among its primary duties and, in particular, the State
shall endeavour to bring about prohibition of the consumption
except for medicinal purpose of intoxicating drinks and of drugs
which are injurious to health.
Article 48 Organization of agriculture and animal husbandry
The State shall endeavour to organize agriculture and animal
husbandry on modern and scientific lines and shall, in particular,
take steps for preserving and improving the breeds, and
prohibiting the slaughter, of cows and calves and other milch and
draught cattle.
Article 48A Protection and improvement of environment and
safeguarding of forests and wild life
The State shall endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country.
Article 49 Protection of monuments and places and objects of
national importance
It shall be the obligation of the State to protect every monument
or place or object of artistic or historic interest, declared by
or under law made by Parliament to be of national importance, from
spoliation, disfigurement, destruction, removal, disposal or
export, as the case may be.
Article 50 Separation of judiciary from executive
The State shall take steps to separate the judiciary from the
executive in the public services of the State.
Article 51 Promotion of international peace and security
The State shall endeavour to -
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in
the dealings of organised people with one another; and
(d) encourage settlement of international disputes by arbitration.
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Part
IVA Fundamental Duties
Article 51A Fundamental duties
It shall be the duty of every citizen of India -
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of
India;
(d) to defend the country and render national service when called
upon to do so;
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic
and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite
culture;
(g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creatures;
(h) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement.
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Part
V The Union
Chapter I The Executive
Article 52 The President of India
There shall be a President of India.
Article 53 Executive power of the Union
(1) The executive power of the Union shall be vested in the
President and shall be exercised by him either directly or through
officers subordinate to him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing
provision, the supreme command of the Defence Forces of the Union
Shall be vested in the President and the exercise thereof shall be
regulated by law.
(3) Nothing in this article shall -
(a) be deemed to transfer to the President any functions conferred
by any existing law on the Government of any State or other
authority; or
(b) prevent Parliament from conferring by law functions on
authorities other than the President.
Article 54 Election of President
The President shall be elected by the members of an electoral
college consisting of -
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the
States. Explanation: In this article and in article 55,
"State" includes the National Capital Territory of Delhi
and the Union territory of Pondicherry.
Article 55 Manner of election of President
(1) As far as practicable, there shall be uniformity in the scale
of representation of the different States at the election of the
President.
(2) For the purpose of securing such uniformity among the States
inter se as well as parity between the States as a whole and the
Union, the number of votes which each elected member of Parliament
and of the legislative Assembly of each state is entitled to cast
at such election shall be determined in the following manner; -
(a) every elected member of the Legislative Assembly of a State
shall have as many votes as there are multiples of one thousand in
the quotient obtained by dividing the population of the State by
the total number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the
remainder is not less than five hundred, then the vote of each
member referred to in sub-clause (a) shall be further increased by
one;
(c) each elected member of either House of Parliament shall have
such number of votes as may be obtained by dividing the total
number of votes assigned to the members of the Legislative
Assemblies of the States under sub-clauses (a) and (b) by the
total number of the elected members of both Houses of Parliament,
fractions exceeding one-half being counted as one and other
fractions being disregarded.
(3) The election of the President shall be held in accordance with
the system of proportional representation by means of the single
transferable vote and the voting at such election shall be by
secret ballot.
Explanation: In this article, the expression
"population" means the population as ascertained at the
last preceding census of which the relevant figures have been
published:
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 2000 have been published, be construed as a reference to
the 1971 census.
Article 56 Term of office of President
(1) The President shall hold office for a term of five years from
the date on which he enters upon his office:
Provided that - (a) the President may, by writing under his hand
addressed to the Vide-President, resign his office;
(b) the President may, for violation of the Constitution, be
removed from office by impeachment in the manner provided in
article 61.
(c) the President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
(2) Any resignation addressed to the Vice-President under clause
(a) of the proviso to clause (1) shall forthwith be communicated
by him to the Speaker of the House of the People.
Article 57 Eligibility for re-election
A person who holds, or who has held, office as President shall,
subject to the other provisions of this Constitution be eligible
for re-election to that office.
Article 58 Qualifications for election as President
(1) No person shall be eligible for election as President unless
he -
(a) is a citizen of India;
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the
People.
(2) A person shall not be eligible for election as President if he
holds any office of profit under the Government of India or the
Government of any State or under any local or other authority
subject to the control of any of the said Governments.
Explanation: For the purposes of this article, a person shall not
be deemed to hold any office of profit by reason only that he is
the President or Vice-President of the Union or the Governor of
any State or is a Minister either for the Union or for any State.
Article 59 Conditions of President's office
(1) The President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be deemed
to have vacated his seat in that House on the date on which he
enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President 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.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office.
Article 60 Oath or affirmation by the President
Every President and every person acting as President or
discharging the functions of the President shall, before entering
upon his office, make and subscribe in the presence of the Chief
Justice of India or, in his absence, the senior most Judge of the
Supreme Court available, an oath or affirmation in the following
form, that is to say - "I, A.B., do swear in the name of God
/ solemnly affirm that I will faithfully execute the office of
President (or discharge the function of the President) of India
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 India."
Article 61 Procedure for impeachment of the President
(1) When a President is to be impeached for violation of the
Constitution, the charge shall be preferred by either House of
Parliament.
(2) No such charge shall be preferred unless -
(a) the proposal to prefer such charge is contained in a
resolution which has been moved after at least fourteen days'
notice in writing signed by not less than one-fourth of the total
number of members of the House has been given of their intention
to move the resolution, and
(b) such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of
Parliament, the other House shall investigate the charge or cause
the charge to be investigated and the President shall have the
right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by
a majority of not less than two-thirds of the total membership of
the House by which the charge was investigated or caused to be
investigated, declaring that the charge preferred against the
President has been sustained, such resolution shall have the
effect of removing the President from his office as from the date
on which the resolution is so passed.
Article 62 Time of holding election to fill vacancy in the
office of resident and the term of office or person elected to
fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the
term of office of President shall be completed before the
expiration of the term.
(2) An election to fill a vacancy in the office of President
occurring by reason of his death, regsignation or removal, or
otherwise shall be held as soon as possible after, and in no case
later than six months from, the date of occurrence of the vacancy;
and the person elected to fill the vacancy shall, subject to the
provisions of article 56, be entitled to hold office for the full
term of five years from the date on which he enters upon his
office.
Article 63 The Vice-President Of India
There shall be a Vice-President of India.
Article 64 The Vice-President to be ex-officio Chairman of the
Council of States
The Vice-President shall be ex-officio Chairman of the Council of
States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as
President or discharges the functions of the President under
article 65, he shall not perform the duties of the office of
Chairman of the Council of States and shall not be entitled to any
salary or allowance payable to the Chairman of the Council of
States under article 97.
Article 65 The Vice-President to act as President or to
discharge his functions during casual vacancies in the office, or
during the absence, of President
(1) In the event of the occurrence of any vacancy in the office of
the President by reason of this death, resignation or removal, or
otherwise, the Vice-President shall act as President until the
date on which a new President elected in accordance with the
provisions of this Chapter to fill such vacancy enters upon his
office.
(2) When the President is unable to discharge his functions owing
to absence, illness or any other cause, the Vice-President shall
discharge his functions until the date on which the President
resumes his duties.
(3) The Vice-President shall, during, and in respect of, the
period while he is so acting as, or discharging the functions of,
President have all the powers and immunities of the President and
be 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.
Article 66 Election of Vice-President
(1) The Vice-President shall be elected by the members of an
electoral college consisting of the members of both Houses of
Parliament in accordance with the system of proportional
representation by means of a single transferable vote and the
voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the
Legislature of any State be elected Vice-President, he shall be
deemed to have vacated his seat in that House on the date on which
he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President
unless he -
(a) is a citizen on India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of
States.
(4) A person shall not be eligible for election as Vice-President
if he holds any office of profit under the Government of India or
the Government of any State or under any local or other authority
subject to the control of any of the said Governments.
Explanation: For the purposes of this article, a person shall not
be deemed to hold any office of profit by reason only that he is
the President of Vice-President of the Union or the Governor of
any State or is a Minister either for the Union or for any State.
Article 67 Term of office of Vice-President
The Vice-President shall hold office for a term of five years from
the date on which he enters upon his office:
Provided that - (a) A Vice-President may, by writing under his
hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a
resolution of the Council of States passed by a majority of all
the then members of the Council and agreed to by the House of the
People; but no resolution for the purpose of this clause shall be
moved unless at least fourteen days' notice has been given of the
intention to move the resolution;
(c) A Vice-President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
Article 68 Time of holding election to fill vacancy in the
office of Vice-President and the term of office of person elected
to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the
term of office of Vice-President shall be completed before the
expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President
occurring by reason of his death, resignation or removal, or
otherwise shall be held as soon as possible after the occurrence
of the vacancy, and the person elected to fill the vacancy shall,
subject to the provisions of article 67, be entitled to hold
office for the full term of five years from the date on which he
enters upon his office.
Article 69 Oath or affirmation by the Vice-President
Every Vice-President shall, before entering upon his office, make
and subscribe before the President, or some person appointed in
that behalf by him, an oath or affirmation in the following form,
that is to say - "I, A.B., do swear in the name of God
/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will
discharge the duty upon which I am about to enter."
Article 70 Discharge of President's functions in other
contingencies
Parliament may make such provision as it thinks fit for the
discharge of the functions of the President in any contingency not
provided for in this Chapter.
Article 71 Matters relating to, or connected with, the election
of a President or Vice-President
(1) All doubts and disputes arising out of or in connection with
the election of a President or Vice-President shall be inquired
into and decided by the Supreme Court whose decision shall be
final.
(2) If the election of a person as President or Vice-President is
declared void by the Supreme Court, acts done by him in the
exercise and performance of the powers and duties of the office of
President or Vice-President, as the case may be, on or before the
date of the decision of the Supreme Court shall not be invalidated
by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may
by law regulate any matter relating to or connected with the
election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall
not be called in question on the ground of the existence of any
vacancy for whatever reason among the members of the electoral
college electing him.
Article 72 Power of President to grant pardons, etc., and to
suspend, remit or commute sentences in certain cases
(1) The President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend,
remit or commute the sentence of any persons convicted of any
offence - (a) in all cases where the punishment of sentence is by
a Court Martial;
(b) in all cases where the punishment or sentence is for an
offence against any law relating to a matter to which the
executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union
to suspend, remit or commute a sentence passed by a Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power
to suspend, remit or commute a sentence of death exercisable by
the Governor of a State under any law for the time being in force.
Article 73 Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive
power of the Union shall extend -
(a) to the matters with respect to which Parliament has power to
make laws; and
(b) to the exercise of such rights, authority and jurisdiction as
are exercisable by the Government of India by virtue of any treaty
of agreement:
Provided that the executive power referred to in sub-clause (a)
shall not, save as expressly provided in this Constitution or in
any law made by Parliament, extend in any State to matters with
respect to which the Legislature of the State has also power to
make laws.
(2) Until otherwise provided by Parliament, a State and any
officer or authority of a State may, notwithstanding anything in
this article, continue to exercise in matters with respect to
which Parliament has power to make laws for that State such
executive power or functions as the State or officer or authority
thereof could exercise immediately before the commencement of this
Constitution.
Article 74 Council of Ministers to aid and advise President
(1) There shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such advice:
Provided that the President may require the Council of Ministers
to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after
such reconsideration.
(2) The question whether any, and if so what, advice was tendered
by Ministers to the President shall not be inquired into in any
court.
Article 75 Other provisions as to Ministers
(1) The Prime Minister shall be appointed by the President and the
other Ministers shall be appointed by the President on the advice
of the Prime Minister.
(2) The Minister shall hold office during the pleasure of the
President.
(3) The Council of Ministers shall be collectively responsible to
the House of the People.
(4) Before a Minister enters upon his office, the President shall
administer to him the oaths of office and of secrecy according to
the forms set out for the purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not
a member of either House of Parliament shall at the expiration of
that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as
Parliament may from time to time by law determine and, until
Parliament so determines, shall be as specified in the Second
Schedule.
Article 76 Attorney-General for India
(1) The President shall appoint a person who is qualified to be
appointed a Judge of the Supreme Court to be Attorney-General for
India.
(2) It shall be the duty of the Attorney-General to give advice to
the Government of India 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 him by the President, and to discharge
the functions conferred on him by or under this Constitution or
any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall
have right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of
the President, and shall receive such remuneration as the
President may determine.
Article 77 Conduct of business of the Government of India
(1) All executive action of the Government of India shall be
expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of
the President shall be authenticated in such manner as may be
specified in rules to be made by the President, and the validity
of an order or instrument which is so authenticated shall not be
called in question on the ground that it is 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 President.
(3) The President shall make rules for the more convenient
transaction of the business of the Government of India, and for
the allocation among Ministers of the said business.
Article 78 Duties of Prime Minister as respects the furnishing
of information to the President, etc.
It shall be the duty of the Prime Minister -
(a) to communicate to the President all decisions of the Council
of Ministers relating to the administration of the affairs of the
Union and proposals for legislation;
(b) to furnish such information relating the administration of the
affairs of the Union on and proposals for legislation as the
President may call for; and
(c) if the President 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.
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Chapter
II Parliament
Article 79 Constitution of Parliament
There shall be a Parliament for the Union which shall consists of
the President and two Houses to be known respectively as the
Council of States and the House of the People.
Article 80 Composition of the Council of States -
(1) The Council of States shall consists of -
(a) twelve members to be nominated by the President in accordance
with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of
the States and of the Union territories.
(2) The allocation of seats in the Council of States to be filled
by representatives of the States and of the Union territories
shall be in accordance with the provisions in that behalf
contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause
(a) and clause (1) shall consists of persons having special
knowledge or practical experience in respect of such matters as
the following, namely: -
Literature, science, art and social service.
(4) The representatives of each State in the Council of States
shall be elected members of the Legislative Assembly of the State
in accordance with the system of proportional representation by
means of the single transferable vote.
(5) The representatives of the Union territories in the Council of
States shall be chosen in such manner as Parliament may by law
prescribe.
Article 81 Composition of the House of the People
(1) Subject to the provisions of article 331, the House of the
People shall consists of - (a) not more than five hundred and
thirty members chosen by direct election from territorial
constituencies in the States, and
(b) not more than twenty members to represent the Union
territories, chosen in such manner as Parliament may by law
provide.
(2) For the purposes of sub-clause (a) of clause (1), -
(a) there shall be allotted to each State a number of seats in the
House of the People in such manner that the ration between that
number and the population of the State is, so far as practicable,
the same for all States; and
(b) 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 is, so far as
practicable, the same throughout the State:
Provided that the provisions of sub-clause (a) of this clause
shall not be applicable for the purpose of allotment of seats in
the House of the People to any State so long as the population of
that State does not exceed six millions.
(3) In this article, the expression "population" means
the population as ascertained at the last preceding census of
which the relevant figures have been published:
Provided that the reference in this clause 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 2000 have been published, be construed as a reference to the
1971 census.
Article
82 Readjustment after each census
Upon the completion of each census, the allocation of seats in the
House of the People to the States 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 House of the People until the dissolution of the then existing
House:
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 House 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 2000 have been published, it shall not be
necessary to readjust the allocation of seats in the House of the
People to the States and the division of each State into
territorial constituencies under this article.
Article 83 Duration of Houses of Parliament
(1) The Council of States 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.
(2) The House of the People, 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 5
years shall operate as a dissolution of the House:
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.
Article 84 Qualification for membership of Parliament
A person shall not be qualified to be chosen to fill a seat in
Parliament 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 the form set out for the purpose
in the Third Schedule;
(b) is, in the case of a seat in the Council of States, not less
than thirty years of age and, in the case of a seat in the House
of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in
that behalf by or under any law made by Parliament.
Article 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 lasting 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.
Article 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.
Article 87 Special address by the President
(1) At the commencement of 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.
Article 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
proceeding 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.
Article 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.
Article 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.
Article 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, 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.
Article 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 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 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.
Article 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.
Article 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
(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 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.
Article 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.
Article 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 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 removal
from office is under consideration in the House and shall,
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.
Article 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 make, such salaries and allowances as are
specified in the Second Schedule.
Article 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.
Article 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 affirmation according
to the form set out for the purpose in the Third Schedule.
Article 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.
(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.
Article 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.
(2) No person shall be a member both of Parliament and of a House
of the Legislature of a State, and if a person is chosen a member
both of Parliament and of a House of the Legislature of 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
clause (1) or clause (2) of article 102; or
(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:
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 it 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.
Article 102 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 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
acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by
Parliament.
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.
(2) A person shall be disqualified for being a member of either
House of Parliament if he is so disqualified under the Tenth
Schedule.
Article 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.
(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.
Article 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 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.
Article 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.
(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, 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.
(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.
Article 106 Salaries and allowances of members
Members of either House of Parliament shall be entitled to
receive such salaries and allowances a 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 the commencement of this
Constitution applicable in the case of members of the Constituent
Assembly of the Dominion of India.
Article 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.
Article 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 lapse from the date of the reception of
the Bill by the other House without the Bill being passed by it,
the President may, unless the Bill has lapsed 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 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 passes by both Houses:
Provided that at a joint sitting -
(a) if the Bill, having been passed by one House, has not been
passed by 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 intervened since the President notified his
intention to summon the Houses to meet therein.
Article 109 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 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 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.
(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.
Article 110 Definition of "Money Bills"
(1) For the purpose 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 declaration of any expenditure to be expenditure charged
on the Consolidated Fund of India or the increasing of the amount
of any such expenditure;
(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-clause (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 of 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
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