The CONSTITUTION OF INDIA
Rajasthan · state statute
Open in Lexace · Ask the AI about this act
THE CONSTITUTION OF INDIA
[As on May, 2022]
2022
PREFACE
This is the fifth pocket size edition of the Constitution of
India in the diglot form. In this edition, the text of the
Constitution of India has been brought up-to-date by
incorporating therein all the amendments up to the Constitution
(One Hundred and Fifth Amendment) Act, 2021. The foot notes
below the text indicate the Constitution Amendment Acts by
which such amendments have been made.
The Constitution (One Hundredth Amendment) Act, 2015
containing details of acquired and transferred territories
between the Governments of India and Bangladesh has been
provided in APPENDIX I.
The Constitution (Application to Jammu and Kashmir)
Order, 2019 and the declaration under article 370(3) of the
Constitution have been provided respectively in Appendix II and
Appendix III for reference.
New Delhi; Dr. Reeta Vasishta,
Secretary to the Government of India.
LIST OF ABBREVIATIONS USED
Art., arts. ........................................................ for Article, articles.
Cl., cls. ........................................................ ″ Clause, clauses.
C.O. ........................................................ ″ Constitution Order.
Ins. ........................................................ ″ Inserted.
P., pp. ........................................................ ″ Page, pages.
Pt. ........................................................ ″ Part.
Rep. ........................................................ ″ Repealed.
Ss., ss. .......................................................... ″ Section, sections.
Sch. ......................................................... ″ Schedule.
Subs. ........................................................ ″ Substituted.
w.e.f. ......................................................... ″ with effect from.
w.r.e.f. ...................................................... ″ with retrospective effect
from.
THE CONSTITUTION OF INDIA
____________
CONTENTS
__________
PREAMBLE
PART I
THE UNION AND ITS TERRITORY
ARTICLES
1. Name and territory of the Union.
2. Admission or establishment of new States.
[2A. Sikkim to be associated with the Union.—Omitted.]
3. Formation of new States and alteration of areas, boundaries or
names of existing States.
4. Laws made under articles 2 and 3 to provide for the amendment of
the First and the Fourth Schedules and supplemental, incidental
and consequential matters.
PART II
CITIZENSHIP
5. Citizenship at the commencement of the Constitution.
6. Rights of citizenship of certain persons who have migrated to
India from Pakistan.
7. Rights of citizenship of certain migrants to Pakistan.
8. Rights of citizenship of certain persons of Indian origin residing
outside India.
9. Persons voluntarily acquiring citizenship of a foreign State not to
be citizens.
10. Continuance of the rights of citizenship.
11. Parliament to regulate the right of citizenship by law.
Contents
ARTICLES
(ii)
PART III
FUNDAMENTAL RIGHTS
General
12. Definition.
13. Laws inconsistent with or in derogation of the fundamental
rights.
Right to Equality
14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles.
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
21A. Right to education.
22. Protection against arrest and detention in certain cases.
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and
propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of any particular
religion.
28. Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
Contents
ARTICLES
(iii)
Cultural and Educational Rights
29. Protection of interests of minorities.
30. Right of minorities to establish and administer educational
institutions.
[31. Compulsory acquisition of property. —Omitted.]
Saving of Certain Laws
31A. Saving of Laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations.
31C. Saving of laws giving effect to certain directive principles.
[31D. Saving of laws in respect of anti-national activities.—Omitted.]
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.
[32A. Constitutional validity of State laws not to be considered in
proceedings under article 32.—Omitted.]
33. Power of Parliament to modify the rights conferred by this Part
in their application to Forces, etc.
34. Restriction on rights conferred by this Part while martial law is
in force in any area.
35. Legislation to give effect to the provisions of this Part.
PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.
37. Application of the principles contained in this Part.
38. State to secure a social order for the promotion of welfare of the
people.
39. Certain principles of policy to be followed by the State.
39A. Equal justice and free legal aid.
Contents
ARTICLES
(iv)
40. Organisation of village panchayats.
41. Right to work, to education and to public assistance in certain
cases.
42. Provision for just and humane conditions of work and maternity
relief.
43. Living wage, etc., for workers.
43A. Participation of workers in management of Industries.
43B. Promotion of co-operative societies.
44. Uniform civil code for the citizens.
45. Provision for early childhood care and education to children
below the age of six years.
46. Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.
47. Duty of the State to raise the level of nutrition and the standard
of living and to improve public health.
48. Organisation of agriculture and animal husbandry.
48A. Protection and improvement of environment and safeguarding of
forests and wild life.
49. Protection of monuments and places and objects of national
importance.
50. Separation of judiciary from executive.
51. Promotion of international peace and security.
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.
PART V
THE UNION
CHAPTER I.THE EXECUTIVE
The President and Vice-President
52. The President of India.
53. Executive power of the Union.
54. Election of President.
Contents
ARTICLES
(v)
55. Manner of election of President.
56. Term of office of President.
57. Eligibility for re-election.
58. Qualifications for election as President.
59. Conditions of President’s office.
60. Oath or affirmation by the President.
61. Procedure for impeachment of the President.
62. Time of holding election to fill vacancy in the office of President
and the term of office of person elected to fill casual vacancy.
63. The Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of
States.
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.
66. Election of Vice-President.
67. Term of office of Vice-President.
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.
69. Oath or affirmation by the Vice-President.
70. Discharge of President’s functions in other contingencies.
71. Matters relating to, or connected with, the election of a President
or Vice-President.
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.
73. Extent of executive power of the Union.
Council of Ministers
74. Council of Ministers to aid and advise President.
75. Other provisions as to Ministers.
The Attorney-General for India
76. Attorney-General for India.
Contents
ARTICLES
(vi)
Conduct of Government Business
77. Conduct of business of the Government of India.
78. Duties of Prime Minister as respects the furnishing of
information to the President, etc.
CHAPTER II.PARLIAMENT
General
79. Constitution of Parliament.
80. Composition of the Council of States.
81. Composition of the House of the People.
82. Readjustment after each census.
83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
88. Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.
90. Vacation and resignation of, and removal from, the office of
Deputy Chairman.
91. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
92. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
93. The Speaker and Deputy Speaker of the House of the People.
94. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.
95. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.
Contents
ARTICLES
(vii)
96. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
97. Salaries and allowances of the Chairman and Deputy Chairman
and the Speaker and Deputy Speaker.
98. Secretariat of Parliament.
Conduct of Business
99. Oath or affirmation by members.
100. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.
Disqualifications of Members
101. Vacation of seats.
102. Disqualifications for membership.
103. Decision on questions as to disqualifications of members.
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its
Members
105. Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.
106. Salaries and allowances of members.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.
108. Joint sitting of both Houses in certain cases.
109. Special procedure in respect of Money Bills.
110. Definition of “Money Bills”.
111. Assent to Bills.
Procedure in Financial Matters
112. Annual financial statement.
113. Procedure in Parliament with respect to estimates.
114. Appropriation Bills.
Contents
ARTICLES
(viii)
115. Supplementary, additional or excess grants.
116. Votes on account, votes of credit and exceptional grants.
117. Special provisions as to financial Bills.
Procedure Generally
118. Rules of procedure.
119. Regulation by law of procedure in Parliament in relation to financial business.
120. Language to be used in Parliament.
121. Restriction on discussion in Parliament.
122. Courts not to inquire into proceedings of Parliament.
CHAPTER III.LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of Parliament.
CHAPTER IV. THE UNION JUDICIARY
124. Establishment and constitution of the Supreme Court.
124A. National Judicial Appointments Commission.
124B. Functions of Commission.
124C. Power of Parliament to make law.
125. Salaries, etc., of Judges.
126. Appointment of acting Chief Justice.
127. Appointment of ad hoc Judges.
128. Attendance of retired Judges at sittings of the Supreme Court.
129. Supreme Court to be a court of record.
130. Seat of Supreme Court.
131. Original jurisdiction of the Supreme Court.
[131A. Exclusive jurisdiction of the Supreme Court in regard to questions
as to constitutional validity of Central laws.Omitted.]
132. Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases.
133. Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters.
134. Appellate jurisdiction of the Supreme Court in regard to criminal matters.
Contents
ARTICLES
(ix)
134A. Certificate for appeal to the Supreme Court.
135. Jurisdiction and powers of the Federal Court under existing law
to be exercisable by the Supreme Court.
136. Special leave to appeal by the Supreme Court.
137. Review of judgments or orders by the Supreme Court.
138. Enlargement of the jurisdiction of the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain
writs.
139A. Transfer of certain cases.
140. Ancillary powers of the Supreme Court.
141. Law declared by Supreme Court to be binding on all courts.
142. Enforcement of decrees and orders of the Supreme Court and
orders as to discovery, etc.
143. Power of the President to consult the Supreme Court.
144. Civil and judicial authorities to act in aid of the Supreme
Court.
[144A. Special provisions as to disposal of questions relating to
constitutional validity of laws.Omitted.]
145. Rules of Court, etc.
146. Officers and servants and the expenses of the Supreme Court.
147. Interpretation.
CHAPTER V. COMPTROLLER AND AUDITOR-
GENERAL OF INDIA
148. Comptroller and Auditor-General of India.
149. Duties and powers of the Comptroller and Auditor-General.
150. Form of accounts of the Union and of the States.
151. Audit reports.
PART VI
THE STATES
CHAPTER I. GENERAL
152. Definition.
Contents
ARTICLES
(x)
CHAPTER II. THE EXECUTIVE
The Governor
153. Governors of States.
154. Executive power of State.
155. Appointment of Governor.
156. Term of office of Governor.
157. Qualifications for appointment as Governor.
158. Conditions of Governor’s office.
159. Oath or affirmation by the Governor.
160. Discharge of the functions of the Governor in certain
contingencies.
161. Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.
162. Extent of executive power of the State.
Council of Ministers
163. Council of Ministers to aid and advise Governor.
164. Other provisions as to Ministers.
The Advocate-General for the State
165. Advocate-General for the State.
Conduct of Government Business
166. Conduct of business of the Government of a State.
167. Duties of Chief Minister as respects the furnishing of
information to Governor, etc.
CHAPTER III.THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.
169. Abolition or creation of Legislative Councils in States.
170. Composition of the Legislative Assemblies.
Contents
ARTICLES
(xi)
171. Composition of the Legislative Councils.
172. Duration of State Legislatures.
173. Qualification for membership of the State Legislature.
174. Sessions of the State Legislature, prorogation and dissolution.
175. Right of Governor to address and send messages to the House or
Houses.
176. Special address by the Governor.
177. Rights of Ministers and Advocate-General as respects the
Houses.
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly.
179. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.
180. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.
181. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
182. The Chairman and Deputy Chairman of the Legislative Council.
183. Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.
184. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
185. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
186. Salaries and allowances of the Speaker and Deputy Speaker and
the Chairman and Deputy Chairman.
187. Secretariat of State Legislature.
Conduct of Business
188. Oath or affirmation by members.
189. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.
Disqualifications of Members
190. Vacation of seats.
Contents
ARTICLES
(xii)
191. Disqualifications for membership.
192. Decision on questions as to disqualifications of members.
193. Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and
their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof.
195. Salaries and allowances of members.
Legislative Procedure
196. Provisions as to introduction and passing of Bills.
197. Restriction on powers of Legislative Council as to Bills other
than Money Bills.
198. Special procedure in respect of Money Bills.
199. Definition of “Money Bills”.
200. Assent to Bills.
201. Bills reserved for consideration.
Procedure in Financial Matters
202. Annual financial statement.
203. Procedure in Legislature with respect to estimates.
204. Appropriation Bills.
205. Supplementary, additional or excess grants.
206. Votes on account, votes of credit and exceptional grants.
207. Special provisions as to financial Bills.
Procedure Generally
208. Rules of procedure.
209. Regulation by law of procedure in the Legislature of the State in
relation to financial business.
Contents
ARTICLES
(xiii)
210. Language to be used in the Legislature.
211. Restriction on discussion in the Legislature.
212. Courts not to inquire into proceedings of the Legislature.
CHAPTER IV.LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of Legislature.
CHAPTER V.THE HIGH COURTS IN THE STATES
214. High Courts for States.
215. High Courts to be courts of record.
216. Constitution of High Courts.
217. Appointment and conditions of the office of a Judge of a High Court.
218. Application of certain provisions relating to Supreme Court to High Courts.
219. Oath or affirmation by Judges of High Courts.
220. Restriction on practice after being a permanent Judge.
221. Salaries, etc., of Judges.
222. Transfer of a Judge from one High Court to another.
223. Appointment of acting Chief Justice.
224. Appointment of additional and acting Judges.
224A. Appointment of retired Judges at sittings of High Courts.
225. Jurisdiction of existing High Courts.
226. Power of High Courts to issue certain writs.
[226A. Constitutional validity of Central laws not to be considered in proceedings under article 226.Omitted.]
227. Power of superintendence over all courts by the High Court.
228. Transfer of certain cases to High Court.
[228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.Omitted.]
Contents
ARTICLES
(xiv)
229. Officers and servants and the expenses of High Courts.
230. Extension of jurisdiction of High Courts to Union territories.
231. Establishment of a common High Court for two or more States.
[232. Articles 230, 231 and 232 substituted by articles 230 and 231].
CHAPTER VI. SUBORDINATE COURTS
233. Appointment of district judges.
233A. Validation of appointments of, and judgments, etc., delivered by,
certain district judges.
234. Recruitment of persons other than district judges to the judicial
service.
235. Control over subordinate courts.
236. Interpretation.
237. Application of the provisions of this Chapter to certain class or
classes of magistrates.
[PART VII.—Omitted]
THE STATES IN PART B OF THE FIRST SCHEDULE
[238. Omitted.]
PART VIII
THE UNION TERRITORIES
239. Administration of Union territories.
239A. Creation of local Legislatures or Council of Ministers or both for
certain Union territories.
239AA. Special provisions with respect to Delhi.
239AB. Provision in case of failure of constitutional machinery.
239B. Power of administrator to promulgate Ordinances during recess
of Legislature.
240. Power of President to make regulations for certain Union
territories.
241. High Courts for Union territories.
[242. Coorg.Omitted.]
PART IX
THE PANCHAYATS
243. Definitions.
Contents
ARTICLES
(xv)
243A. Gram Sabha.
243B. Constitution of Panchayats.
243C. Composition of Panchayats.
243D. Reservation of seats.
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership.
243G. Powers, authority and responsibilities of Panchayats.
243H. Powers to impose taxes by, and Funds of, the Panchayats.
243-I. Constitution of Finance Commission to review financial
position.
243J. Audit of accounts of Panchayats.
243K. Elections to the Panchayats.
243L. Application to Union territories.
243M. Part not to apply to certain areas.
243N. Continuance of existing laws and Panchayats.
243-O. Bar to interference by courts in electoral matters.
PART IXA
THE MUNICIPALITIES
243P. Definitions.
243Q. Constitution of Municipalities.
243R. Composition of Municipalities.
243S. Constitution and composition of Wards Committees, etc.
243T. Reservation of seats.
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership.
243W. Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243Y. Finance Commission.
Contents
ARTICLES
(xvi)
243Z. Audit of accounts of Municipalities.
243ZA. Elections to the Municipalities.
243ZB. Application to Union territories.
243ZC. Part not to apply to certain areas.
243ZD. Committee for district planning.
243ZE. Committee for Metropolitan planning.
243ZF. Continuance of existing laws and Municipalities.
243ZG. Bar to interference by courts in electoral matters.
PART IXB
THE CO-OPERATIVE SOCIETIES
243ZH. Definitions.
243Z-I. Incorporation of co-operative societies.
243ZJ. Number and term of members of board and its office bearers.
243ZK. Election of members of board.
243ZL. Supersession and suspension of board and interim management.
243ZM. Audit of accounts of co-operative societies.
243ZN. Convening of general body meetings.
243Z-O. Right of a member to get information.
243ZP. Returns.
243ZQ. Offences and penalties.
243ZR. Application to multi-State co-operative societies.
243ZS. Application to Union territories.
243ZT. Continuance of existing laws.
PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas.
244A. Formation of an autonomous State comprising certain tribal
areas in Assam and creation of local Legislature or Council of
Ministers or both therefor.
Contents
ARTICLES
(xvii)
PART XI
RELATIONS BETWEEN THE UNION AND THE
STATES
CHAPTER I.LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of
States.
246. Subject-matter of laws made by Parliament and by the
Legislatures of States.
246A. Special provision with respect to goods and services tax.
247. Power of Parliament to provide for the establishment of certain
additional courts.
248. Residuary powers of legislation.
249. Power of Parliament to legislate with respect to a matter in the
State List in the national interest.
250. Power of Parliament to legislate with respect to any matter in the
State List if a Proclamation of Emergency is in operation.
251. Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.
252. Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.
253. Legislation for giving effect to international agreements.
254. Inconsistency between laws made by Parliament and laws made
by the Legislatures of States.
255. Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.
CHAPTER II. ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.
257. Control of the Union over States in certain cases.
[257A. Assistance to States by deployment of armed forces or other
forces of the Union.Omitted.]
258. Power of the Union to confer powers, etc., on States in certain
cases.
Contents
ARTICLES
(xviii)
258A. Power of the States to entrust functions to the Union.
[259. Armed Forces in States in Part B of the First
Schedule.Omitted.]
260. Jurisdiction of the Union in relation to territories outside India.
261. Public acts, records and judicial proceedings.
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers
or river valleys.
Co-ordination between States
263. Provisions with respect to an inter-State Council.
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.FINANCE
General
264. Interpretation.
265. Taxes not to be imposed save by authority of law.
266. Consolidated Funds and public accounts of India and of the
States.
267. Contingency Fund.
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the
States.
[268A. Service tax levied by Union and collected by the Union and the
States.Omitted.]
269. Taxes levied and collected by the Union but assigned to the
States.
269A. Levy and collection of goods and services tax in course of inter-
State trade or commerce.
270. Taxes levied and distributed between the Union and the States.
271. Surcharge on certain duties and taxes for purposes of the Union.
[272. Taxes which are levied and collected by the Union and may be
distributed between the Union and the States.Omitted.]
273. Grants in lieu of export duty on jute and jute products.
274. Prior recommendation of President required to Bills affecting
taxation in which States are interested.
Contents
ARTICLES
(xix)
275. Grants from the Union to certain States.
276. Taxes on professions, trades, callings and employments.
277. Savings.
[278. Agreement with States in Part B of the First Schedule with
regard to certain financial matters.Omitted.]
279. Calculation of “net proceeds”, etc.
279A. Goods and Services Tax Council.
280. Finance Commission.
281. Recommendations of the Finance Commission.
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its
revenues.
283. Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts.
284. Custody of suitors’ deposits and other moneys received by
public servants and courts.
285. Exemption of property of the Union from State taxation.
286. Restrictions as to imposition of tax on the sale or purchase of
goods.
287. Exemption from taxes on electricity.
288. Exemption from taxation by States in respect of water or electricity in certain cases.
289. Exemption of property and income of a State from Union taxation.
290. Adjustment in respect of certain expenses and pensions.
290A. Annual payment to certain Devaswom Funds.
[291. Privy purse sums of Rulers.Omitted.]
CHAPTER II. BORROWING
292. Borrowing by the Government of India.
293. Borrowing by States.
Contents
ARTICLES
(xx)
CHAPTER III. PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations in certain cases.
295. Succession to property, assets, rights, liabilities and obligations in other cases.
296. Property accruing by escheat or lapse or as bona vacantia.
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
298. Power to carry on trade, etc.
299. Contracts.
300. Suits and proceedings.
CHAPTER IV. RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law.
PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.
302. Power of Parliament to impose restrictions on trade, commerce and intercourse.
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304. Restrictions on trade, commerce and intercourse among States.
305. Saving of existing laws and laws providing for State monopolies.
[306. Power of certain States in Part B of the First Schedule to
impose restrictions on trade and commerce.Omitted]
307. Appointment of authority for carrying out the purposes of
articles 301 to 304.
PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I. SERVICES
308. Interpretation.
Contents
ARTICLES
(xxi)
309. Recruitment and conditions of service of persons serving the
Union or a State.
310. Tenure of office of persons serving the Union or a State.
311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.
312. All-India services.
312A. Power of Parliament to vary or revoke conditions of service of
officers of certain services.
313. Transitional provisions.
[314. Provision for protection of existing officers of certain services.
Omitted.]
CHAPTER II.—PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.
316. Appointment and term of office of members.
317. Removal and suspension of a member of a Public Service
Commission.
318. Power to make regulations as to conditions of service of
members and staff of the Commission.
319. Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.
320. Functions of Public Service Commissions.
321. Power to extend functions of Public Service Commissions.
322. Expenses of Public Service Commissions.
323. Reports of Public Service Commissions.
PART XIVA
TRIBUNALS
323A. Administrative tribunals.
323B. Tribunals for other matters.
Contents
ARTICLES
(xxii)
PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested
in an Election Commission.
325. No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race,
caste or sex.
326. Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.
327. Power of Parliament to make provision with respect to elections
to Legislatures.
328. Power of Legislature of a State to make provision with respect to
elections to such Legislature.
329. Bar to interference by courts in electoral matters.
[329A. Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.Omitted.]
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN
CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the House of the People.
331. Representation of the Anglo-Indian community in the House of
the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.
333. Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.
334. Reservation of seats and special representation to cease after
certain period.
335. Claims of Scheduled Castes and Scheduled Tribes to services
and posts.
336. Special provision for Anglo-Indian community in certain
services.
337. Special provision with respect to educational grants for the
benefit of Anglo-Indian Community.
Contents
ARTICLES
(xxiii)
338. National Commission for Scheduled Castes.
338A. National Commission for Scheduled Tribes.
338B. National Commission for Backward Classes.
339. Control of the Union over the administration of Scheduled Areas
and the welfare of Scheduled Tribes.
340. Appointment of a Commission to investigate the conditions of
backward classes.
341. Scheduled Castes.
342. Scheduled Tribes.
342A. Socially and educationally backward classes.
PART XVII
OFFICIAL LANGUAGE
CHAPTER I.—LANGUAGE OF THE UNION
343. Official language of the Union.
344. Commission and Committee of Parliament on official language.
CHAPTER II. REGIONAL LANGUAGES
345. Official language or languages of a State.
346. Official language for communication between one State and
another or between a State and the Union.
347. Special provision relating to language spoken by a section of the
population of a State.
CHAPTER III.LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High
Courts and for Acts, Bills, etc.
349. Special procedure for enactment of certain laws relating to language.
CHAPTER IV.SPECIAL DIRECTIVES
350. Language to be used in representations for redress of grievances.
350A. Facilities for instruction in mother-tongue at primary stage.
Contents
ARTICLES
(xxiv)
350B. Special Officer for linguistic minorities.
351. Directive for development of the Hindi language.
PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency.
353. Effect of Proclamation of Emergency.
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355. Duty of the Union to protect States against external aggression and internal disturbance.
356. Provisions in case of failure of constitutional machinery in States.
357. Exercise of legislative powers under Proclamation issued under article 356.
358. Suspension of provisions of article 19 during emergencies.
359. Suspension of the enforcement of the rights conferred by Part III during emergencies.
[359A. Application of this Part to the State of Punjab.Omitted.]
360. Provisions as to financial emergency.
PART XIX
MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs.
361A. Protection of publication of proceedings of Parliament and State Legislatures.
361B. Disqualification for appointment on remunerative political post.
[362. Rights and privileges of Rulers of Indian States.Omitted.]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364. Special provisions as to major ports and aerodromes.
365. Effect of failure to comply with, or to give effect to, directions given by the Union.
Contents
ARTICLES
(xxv)
366. Definitions.
367. Interpretation.
PART XX
AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor.
PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. 370. Temporary provisions with respect to the State of Jammu and Kashmir. 371. Special provision with respect to the States of Maharashtra and Gujarat. 371A. Special provision with respect to the State of Nagaland.
371B . Special provision with respect to the State of Assam.
371C. Special provision with respect to the State of Manipur.
371D. Special provisions with respect to the State of Andhra Pradesh or
the State of Telangana.
371E. Establishment of Central University in Andhra Pradesh.
371F. Special provisions with respect to the State of Sikkim.
371G. Special provision with respect to the State of Mizoram.
371H. Special provision with respect to the State of Arunachal Pradesh.
371-I. Special provision with respect to the State of Goa.
371J. Special provisions with respect to the State of Karnataka.
372. Continuance in force of existing laws and their adaptation.
372A. Power of the President to adapt laws.
373. Power of President to make order in respect of persons under
preventive detention in certain cases.
374. Provisions as to Judges of the Federal Court and proceedings
pending in the Federal Court or before His Majesty in Council.
Contents
ARTICLES
(xxvi)
375. Courts, authorities and officers to continue to function subject to
the provisions of the Constitution.
376. Provisions as to Judges of High Courts.
377. Provisions as to Comptroller and Auditor-General of India.
378. Provisions as to Public Service Commissions.
378A. Special provision as to duration of Andhra Pradesh Legislative
Assembly.
[379. Provisions as to provisional Parliament and the Speaker and
Deputy Speaker thereof.Omitted.]
[380. Provision as to President. Omitted.]
[381. Council of Ministers of the President.Omitted.]
[382. Provisions as to provisional Legislatures for States in Part A of
the First Schedule. -- Omitted.]
[383. Provision as to Governors of Provinces. -- Omitted.]
[384. Council of Ministers of the Governors.Omitted.]
[385. Provision as to provisional Legislatures in States in Part B of the
First Schedule.Omitted.]
[386. Council of Ministers for States in Part B of the First Schedule. -
- Omitted.]
[387. Special provision as to determination of population for the
purposes of certain elections.Omitted.]
[388. Provisions as to the filling of casual vacancies in the provisional
Parliament and provisional Legislatures of the States.
Omitted.]
[389. Provision as to Bills pending in the Dominion Legislatures and
in the Legislatures of Provinces and Indian States.Omitted.]
[390. Money received or raised or expenditure incurred between the
commencement of the Constitution and the 31st day of March,
1950. Omitted.]
Contents
ARTICLES
(xxvii)
[391. Power of the President to amend the First and Fourth Schedules
in certain contingencies.Omitted.]
392. Power of the President to remove difficulties.
PART XXII
SHORT TITLE, COMMENCEMENT,
AUTHORITATIVE TEXT
IN HINDI AND REPEALS
393. Short title.
394. Commencement.
394A. Authoritative text in the Hindi language.
395. Repeals.
SCHEDULES
FIRST SCHEDULE
I. —The States.
II. —The Union territories.
SECOND SCHEDULE
PART A—Provisions as to the President and the Governors of States.
PART B— [Omitted.]
PART C—Provisions as to the Speaker and the Deputy Speaker of the
House of the People and the Chairman and the Deputy
Chairman of the Council of States and the Speaker and
the Deputy Speaker of the Legislative Assembly and the
Chairman and the Deputy Chairman of the Legislative
Council of a State.
PART D— Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E— Provisions as to the Comptroller and Auditor-General of India.
THIRD SCHEDULE— Forms of Oaths or Affirmations.
FOURTH SCHEDULE—Allocation of seats in the Council of States.
Contents
ARTICLES
(xxviii)
FIFTH SCHEDULE—
Provisions as to the Administration and Control of Scheduled Areas
and Scheduled Tribes
PART A—General.
PART B—Administration and Control of Scheduled Areas and Scheduled Tribes.
PART C— Scheduled Areas.
PART D—Amendment of the Schedule.
SIXTH SCHEDULE—
Provisions as to the Administration of Tribal Areas in the States of
Assam, Meghalaya, Tripura and Mizoram.
SEVENTH SCHEDULE—
List I — Union List.
List II— State List.
List III— Concurrent List.
EIGHTH SCHEDULE— Languages.
NINTH SCHEDULE—Validation of certain Acts and Regulations.
TENTH SCHEDULE— Provisions as to disqualification on ground of defection.
ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.
TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.
APPENDICES
APPENDIX I.—The Constitution (One Hundredth Amendment) Act, 2015.
APPENDIX II.—The Constitution (Application to Jammu and Kashmir) Order, 2019.
APPENDIX III.— Declaration under article 370(3) of the Constitution.
THE CONSTITUTION OF INDIA
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a 1[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 2[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.
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.2, for "SOVEREIGN
DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).
2. Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977).
2
PART I
THE UNION AND ITS TERRITORY
1. Name and territory of the Union.—(1) India, that is Bharat,
shall be a Union of States.
1[(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;
2[(b) the Union territories specified in the First Schedule;
and]
(c) such other territories as may be acquired.
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.
3[2A. [Sikkim to be associated with the Union.].—Omitted by the
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).]
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:
1[Provided that no Bill for the purpose shall be introduced in
either House of Parliament except on the recommendation of the
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2)
(w.e.f. 1-11-1956).
2. Subs. by s. 2 ibid, for sub-clause (b) (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f. 1-3-1975).
THE CONSTITUTION OF INDIA
(Part I.—Union and its territory)
3
President and unless, where the proposal contained in the Bill affects
the area, boundaries or name of any of the States 2***, 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.]
3[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 State or Union territory to any other State or Union
territory.]
4. Laws made under articles 2 and 3 to provide for the
amendment of the First and the Fourth Schedules 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 laExcerpt shown. Open the full act in Lexace.
Lex