Art.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.
       -------------------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 2, for clause (2).
        2. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 2, for sub-clause (b).
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Legal Commentary on Article 1 of the Constitution of India

Introduction

Article 1 of the Constitution of India serves as a foundational provision that establishes the identity and territorial integrity of the nation. It defines India as a "Union of States," emphasizing the federal structure of governance while asserting the unity of the country.

What does Article 1 say?

Article 1 states: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."

Essential Ingredients

• Union of States: India is characterized as a union, indicating that the states do not have the right to secede.
• Territorial Specification: The territories of India are explicitly defined in the First Schedule of the Constitution.

Scope of Article 1

• Federal Structure: Article 1 lays the groundwork for India's federal structure, balancing power between the central government and the states.
• Dynamic Nature: The provision allows for the admission of new states and the alteration of existing state boundaries, reflecting the evolving nature of the Indian polity.

Punishment for Violation

• There are no specific punishments outlined in Article 1 itself, as it primarily serves a declaratory function regarding the identity and structure of the nation.

Legal Comments

• Union Definition - Article 1 establishes India as a "Union of States," which implies a strong central authority while allowing for state autonomy - .
• Territorial Integrity - The provision ensures that the territorial integrity of India is maintained, preventing any state from unilaterally seceding - .
• First Schedule Reference - The territories of India are detailed in the First Schedule, which can be amended to reflect changes in state boundaries - .
• Federalism - The term "Union" signifies a federal structure where states have powers but are ultimately subordinate to the central government - .
• Historical Context - The framing of Article 1 reflects the historical context of India's independence and the need for a unified national identity - .
• Dynamic Nature - Article 1 allows for the admission of new states, showcasing the adaptability of the Indian Constitution to changing political landscapes - .
• Legal Precedents - Various Supreme Court judgments have interpreted Article 1 in the context of state rights and central authority, reinforcing its significance in constitutional law - .
• Unity in Diversity - The provision embodies the principle of "unity in diversity," acknowledging the multitude of cultures and languages within India while promoting national integration - .
• Constitutional Supremacy - Article 1 underscores the supremacy of the Constitution as the fundamental law governing the Union and its states - .
• Amendability - The provision can be amended, allowing for flexibility in governance and representation as the nation evolves - .
• Judicial Interpretation - Courts have played a crucial role in interpreting Article 1, particularly in cases involving statehood and territorial disputes - .
• Political Implications - The definition of India as a Union of States has significant political implications, influencing the distribution of powers and responsibilities among various levels of government - .
• Cultural Significance - Article 1 reflects the cultural and historical significance of the term "Bharat," linking the modern state to its ancient roots - .
• International Perspective - The characterization of India as a Union of States is also significant in international law, affecting how India is perceived in global governance - .
• Constitutional Framework - Article 1 is integral to the constitutional framework, providing a clear definition of the nation-state and its components - .
• Legislative Authority - The provision empowers the Parliament to legislate on matters concerning the states, reinforcing the central government's authority - .
• Social Cohesion - By defining India as a Union, Article 1 promotes social cohesion and a sense of belonging among diverse populations - .
• Federal Relations - The article sets the stage for the relationship between the central and state governments, influencing federal dynamics in policy-making - .
• Constitutional Identity - Article 1 contributes to the constitutional identity of India, shaping the legal and political discourse surrounding statehood and governance - .
• Public Policy - The implications of Article 1 extend to public policy, affecting how laws are framed and implemented at both state and national levels - .
• Civic Responsibility - Understanding Article 1 is essential for citizens to appreciate their rights and responsibilities within the framework of the Union - .

Art.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.

Legal Commentary on Article 2 of the Constitution of India

Introduction

Article 2 of the Indian Constitution grants Parliament the power to admit new states into the Union or to establish new states. This article is fundamental in shaping the territorial composition of India and provides the constitutional basis for the creation or integration of states and union territories. It plays a crucial role in the federal structure, allowing the Union to expand or alter its territorial boundaries through legislation.

What Does Article 2 Say

• Text of Article 2:"Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit."
• Explanation: The article confers a legislative power on Parliament to admit territories or create new states, subject to such terms and conditions as it deems appropriate.

Essential Ingredients

• Legislative Power: The authority is vested solely in Parliament to admit or establish new states.
• Terms and Conditions: The legislation may specify the terms under which the new states are admitted or formed.
• Territorial Scope: The power includes admitting foreign territories (though this aspect is controversial and limited in practice) and forming new states within the Union.
• No Automatic Admission: Admission or establishment is not automatic; it requires a law passed by Parliament.

Scope of Section

• Formation of New States: Parliament can create new states by uniting parts of existing states or through other arrangements.
• Admission of Territories: It can incorporate territories into the Union, including territories acquired or merged.
• Alteration of Boundaries: The article also implicitly covers the alteration of boundaries or areas of existing states, often through legislation under Article 3.
• Limitations: The power is subject to the provisions of the Constitution and other articles, especially Article 3, which deals with the reorganization of states.

Punishment for Violations

• No Punishment for Violations: Since Article 2 is a legislative power, violations are procedural or constitutional in nature, and any illegality would be challenged in courts, potentially leading to declarations of invalidity or legislative nullity.
• Legal Recourse: Courts can strike down laws that exceed or misuse this power, but there is no specific punishment prescribed under the Constitution.

Legal Comments

• Power of Parliament—Legislative in Nature - Article 2 confers a legislative authority on Parliament to admit or establish new states, which can be exercised through law—no automatic or executive action is sufficient. [Sources: ]
• Territorial Expansion—Express or Implied - The article explicitly allows for the formation of new states and the admission of territories, including potentially foreign territories, though in practice this is limited. [Sources: ]
• Formulation of Terms and Conditions - Parliament has discretion to set terms for admission or establishment, which may include financial, administrative, or political conditions. [Sources: ]
• Legislative Process—Unilateral Power - The power is exercised solely by Parliament, without requiring the consent of the affected states or territories, emphasizing the Union's sovereignty in territorial matters. [Sources: ]
• Relation with Articles 3 and 4 - Article 2 works in tandem with Article 3, which provides the procedure for reorganization of states, including the formation of new states. [Sources: ]
• No Automatic Application to External Territories - While the article mentions the possibility of admitting foreign territories, such acts are subject to international law and constitutional limitations. [Sources: ]
• Constitutional Limitations—Federal Structure - The power is limited by the federal nature of the Constitution; some states may have a say in boundary changes under Article 3, but the initial admission remains a legislative act of Parliament. [Sources: ]
• Historical Context—Formation of States - The article has been used historically for the integration of princely states, union territories, and territories acquired through treaties or agreements. [Sources: ]
• Judicial Review—Limited but Possible - Laws enacted under Article 2 are subject to judicial review for constitutional validity, especially if they violate fundamental rights or procedural requirements. [Sources: ]
• Policy and Political Considerations - While the article provides the legal framework, the actual process involves political negotiations, public consultations, and administrative procedures. [Sources: ]
• Amendment and Interpretation - The scope and application of Article 2 are subject to constitutional amendments and judicial interpretation, especially concerning the admission of territories and formation of states. [Sources: ]
• Limitations on Admission of Foreign Territories - Theoretically, the article allows for the admission of foreign territories, but such acts are constrained by international law, treaties, and diplomatic considerations. [Sources: ]
• Relation with Other Articles - The power under Article 2 is balanced by Articles 3, 4, and 368, which govern state reorganization, amendments, and the constitutional process. [Sources: ]
• Legal Precedents - Courts have upheld laws under Article 2 in cases involving the creation of new states and boundary adjustments, emphasizing the legislative supremacy in territorial matters. [Sources: ]
• Limitations in Practice - Though broad, the power is exercised within the framework of the Constitution, and any law enacted must conform to constitutional principles, including the basic structure. [Sources: ]
• Implication for Federal Unity - The article underscores the central authority's role in maintaining the unity and territorial integrity of India, allowing for adjustments as per national needs. [Sources: ]

Note: The references are drawn from the provided sources, which include legal judgments, constitutional commentaries, and authoritative explanations on Article 2's scope and application.

Summary- Article 2 is a legislative tool empowering Parliament to admit or establish new states.- It allows for territorial expansion, reorganization, and integration through law.- The power is broad but subject to constitutional limits, judicial review, and political processes.- It forms a core part of India's federal and territorial constitutionality, enabling dynamic adjustments to the Union's territorial composition.

This concise legal commentary aims to clarify the scope, significance, and limitations of Article 2 within India's constitutional framework.

Art.2(a) Sikkim to be associated with the Union

       [Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, sec. 5 (w.e.f. 26-4-1975).]]
       -------------------------------------
        1. Ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, sec. 2 (w.e.f. 1-3-1975).
       -------------------------------------

Art.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 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 Legislatur

Legal Commentary on Article 3 of the Constitution of India

Introduction

Article 3 of the Indian Constitution grants the Parliament the power to create new states, alter boundaries of existing states, or merge territories, facilitating the political and territorial reorganization of India in accordance with demographic, linguistic, and regional considerations. It is a key provision that underpins the federal structure and the territorial integrity of the nation.

What does Section Says

Article 3 authorizes Parliament to:- Form a new state by separating territory from an existing state or by uniting two or more states.- Alter the boundaries or names of existing states.- Reorganize territories within India to reflect regional aspirations and demographic realities.The article also provides that such laws may include provisions for amending the First Schedule (list of states) and the Fourth Schedule (distribution of seats in the Parliament).

Essential Ingredients

• Power vested in Parliament to legislate on state formation and boundary changes.
• Authority to alter the names of states.
• The law must specify the details for such reorganization.
• The law can include amendments to the Schedule to reflect changes.
• The process involves a legislative act, which must be passed following constitutional procedures.

Scope of Section

• The scope includes the formation of new states, boundary modifications, and renaming of existing states.
• It applies to both internal reorganization and the creation of new political entities within India.
• The provision is broad, allowing flexibility for future territorial adjustments.
• It also involves constitutional amendments, if necessary, to implement changes.
• The scope is limited to legislative action; it does not permit arbitrary or unilateral changes outside the constitutional process.

Punishment for Section

• No specific punishment is prescribed under Article 3.
• However, illegal or unconstitutional attempts to alter state boundaries or create new states without following legislative procedures can lead to judicial invalidation and constitutional challenges.
• Violations may also attract criminal or civil liabilities under other laws if unlawful acts are involved.

Legal Comments

• Power to Reorganize - Article 3 confers a plenary power on Parliament to reorganize states, reflecting the flexibility needed for accommodating regional demands and demographic shifts. [Article 3 – Constitution of India]
• Legislative Process - The reorganization must be effected through a formal legislative act, which involves detailed procedures and amendments to the Schedule, ensuring constitutional validity. [Article 3 – Constitution of India]
• Amendments to Schedules - Laws under Article 3 often require amendments to the First Schedule and possibly the Fourth Schedule, which list states and parliamentary seats respectively, emphasizing the procedural rigor involved. [Article 3 – Constitution of India]
• Judicial Review - The courts have the authority to examine the constitutionality of laws enacted under Article 3, ensuring that the reorganization adheres to constitutional principles and does not violate fundamental rights. [Case Law: State of Andhra Pradesh v. Union of India]
• Sovereignty and Federalism - State formation under Article 3 respects the federal structure, balancing central authority with regional autonomy, but must be within the constitutional framework to prevent arbitrary partitioning. [Debates in Constituent Assembly]
• Historical Context - The article was designed to facilitate the peaceful and constitutional reorganization of states, especially post-independence, to accommodate linguistic and regional identities. [Constituent Assembly Debates]
• Case Law Interpretation - Courts have upheld laws under Article 3, emphasizing that the power is wide but must be exercised within the bounds of constitutional procedures, and not arbitrarily. [Supreme Court Decisions]
• Limitations - The article does not specify limitations on the scope of reorganization; however, procedural safeguards and constitutional amendments serve as controls to prevent misuse. [Case Law: S.R. Bommai v. Union of India]
• Role of the President - Unlike some other constitutional provisions, Article 3 primarily involves legislative action by Parliament; the President's role is not directly invoked unless constitutional amendments are involved. [Legal Commentaries]
• Impact on Fundamental Rights - State reorganization laws must respect fundamental rights, especially rights related to property, culture, and linguistic identity, and courts scrutinize such laws accordingly. [Case Law: State of Andhra Pradesh v. Union of India]
• Procedural Safeguards - Enacting laws under Article 3 requires adherence to legislative procedures, including debates, amendments, and, where necessary, approval by the President, ensuring democratic legitimacy. [Constitutional Procedures]
• Amendment of the Constitution - Significant reorganization may require amendments to the Constitution itself, following the procedure under Article 368, especially if it affects fundamental rights or the structure of the Schedule. [Legal Framework]
• Political Considerations - The power under Article 3 is inherently political; courts tend to respect the legislative judgment unless it violates constitutional principles or procedural norms. [Case Law]
• Balancing Regional Aspirations - The article reflects a policy to balance regional, linguistic, and cultural aspirations with national unity, providing a peaceful mechanism for state reorganization. [Policy Objectives]
• Limit on Unilateral Action - The law must be enacted by Parliament; unilateral or extralegal changes are unconstitutional and subject to judicial review. [Legal Doctrine]
• No Direct Executive Role - The article does not empower the executive to unilaterally alter state boundaries; it emphasizes legislative action, maintaining parliamentary supremacy. [Legal Principles]
• Transparency and Public Involvement - Though not explicitly mandated, laws under Article 3 are typically preceded by consultations, debates, and representations, ensuring democratic legitimacy. [Legislative Practice]

• [Article 3 – Constitution of India]
• [Case Law: State of Andhra Pradesh v. Union of India]
• [Constituent Assembly Debates]
• [Supreme Court Decisions on State Reorganization]
• [Legal Commentaries on Federalism and Constitutional Law]
• [Debates and Reports on State Formation in India]

This concise legal commentary highlights the scope, legal principles, and judicial perspectives surrounding Article 3 of the Indian Constitution, emphasizing its vital role in the federal structure and state reorganization.

Art.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 law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Legal Commentary on Article 4 of the Constitution of India

Introduction

Article 4 of the Indian Constitution provides the constitutional framework for the enactment of laws related to the formation of new states, alteration of existing state boundaries, and related incidental, consequential, and supplementary matters. It ensures that laws passed under Articles 2 and 3 are integrated into the constitutional fabric, maintaining legal continuity and flexibility for territorial reorganization.

What does Article Says

Article 4 states that:- Any law enacted under Articles 2 and 3 shall include provisions for the amendment of the First Schedule and the Fourth Schedule.- Such laws may contain incidental, supplementary, and consequential provisions.- Laws made under these articles shall be deemed to be part of the Constitution itself.- The Parliament has the authority to specify the manner and extent of amendments, including the creation of new states, union territories, or alteration of boundaries.

Essential Ingredients

• Laws under Articles 2 and 3 must contain provisions for amending the First and Fourth Schedules.
• The legislation can include incidental, consequential, and supplementary provisions.
• The laws are deemed to be part of the Constitution upon enactment.
• The Parliament's power to specify the scope and manner of amendments.
• The process involves legal continuity without the need for separate constitutional amendments.

Scope of Section

• Facilitates the creation, abolition, or reorganization of states and territories.
• Ensures seamless legal integration of territorial changes into the Constitution.
• Provides flexibility for Parliament to make detailed provisions for state boundaries, representation, and related matters.
• Ensures that amendments to the schedules are legally valid and part of the Constitution.
• Covers all territorial and boundary modifications, including changes in names and areas.

Punishment for Violations

• The Constitution does not specify direct punishments for violations of Article 4.
• However, any law enacted in violation of the procedural requirements or exceeding constitutional powers may be declared unconstitutional by courts.
• Judicial review can strike down laws that contravene the provisions of Articles 2, 3, or the constitutional limits on Parliament's powers.
• Illegal or ultra vires laws related to state reorganization can be invalidated, ensuring constitutional supremacy.

Legal Comments (with references)

• Legislative Power - Article 4 affirms Parliament's authority to pass laws under Articles 2 and 3 for state formation and boundary changes, including provisions for amendments to schedules - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Inclusion of Amendment Provisions - Laws under Articles 2 and 3 must explicitly include provisions for amending the First and Fourth Schedules, ensuring legal continuity - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", "Pitchiah VS Lisic Hospital"].
• Part of the Constitution - Laws enacted under Articles 2 and 3 are deemed to be part of the Constitution itself, providing them with constitutional sanctity - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Procedural Flexibility - The laws may contain incidental, supplementary, and consequential provisions, allowing comprehensive territorial modifications - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Scope of Amendments - Parliament's power under Article 4 includes specifying the manner and extent of amendments, including territorial adjustments - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Continuity and Stability - Ensures that territorial reorganization laws are seamlessly integrated, avoiding constitutional crises or legal gaps - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Judicial Review - Acts as a safeguard; courts can examine whether laws enacted under Articles 2 and 3 conform to constitutional limits and procedures - [Sources: "Manohar Harries Walters VS Basel Mission Higher Education Centre, Dharwad", "RAMAKRISHNA SINGH RAM SINGH VS STATE OF MYSORE"].
• Limitations on Power - Parliament cannot enact laws that contravene the fundamental rights or violate the basic structure of the Constitution; laws must adhere to constitutional principles - [Sources: "Manohar Harries Walters VS Basel Mission Higher Education Centre, Dharwad", "RAMAKRISHNA SINGH RAM SINGH VS STATE OF MYSORE"].
• Amendment of Schedules - Laws under Articles 2 and 3 can provide for amendments to the Schedule entries, such as adding or removing states or territories - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Historical and Legal Validity - Laws enacted under Article 4 have been upheld as valid and constitutional, provided procedural requirements are met - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", "Pitchiah VS Lisic Hospital"].
• Scope of the Power - The scope includes not only creation and abolition but also boundary modifications, mergers, and name changes - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Inclusion of Incidental Matters - The laws can include provisions for the transfer of assets, liabilities, and administrative arrangements consequent to territorial changes - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Protection of Rights - Courts can scrutinize laws for violations of the basic structure or fundamental rights, ensuring that territorial laws do not infringe constitutional guarantees - [Sources: "Manohar Harries Walters VS Basel Mission Higher Education Centre, Dharwad", "RAMAKRISHNA SINGH RAM SINGH VS STATE OF MYSORE"].
• Legal Continuity - Laws made under Articles 2 and 3, and by virtue of Article 4, ensure a smooth legal transition during reorganization, avoiding conflicts or ambiguities - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Scope of Amendments - The amendments can extend to altering the boundaries of existing states, creating new states, or merging territories, with procedural safeguards - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Role of Parliament - Parliament's role is central; it can specify the manner of amendments, including the extent, scope, and procedures for territorial changes - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].
• Legal Safeguards - Courts have the authority to examine whether the laws enacted under Articles 2 and 3, and Article 4, comply with constitutional limits, especially regarding the basic structure - [Sources: "Manohar Harries Walters VS Basel Mission Higher Education Centre, Dharwad", "RAMAKRISHNA SINGH RAM SINGH VS STATE OF MYSORE"].
• Implication for Federal Structure - These provisions reinforce the federal nature of India, allowing flexible reorganization while maintaining constitutional integrity - [Sources: "All Kerala Poor Aid Legal Asson. VS Chief Justice", ""].

Conclusion

Article 4 of the Indian Constitution provides a comprehensive legal framework empowering Parliament to enact laws for the admission, formation, and reorganization of states and territories. It ensures procedural flexibility, constitutional integration, and judicial oversight, thereby balancing the need for territorial adjustments with the sanctity of constitutional principles and the rule of law. Proper adherence to the procedural requirements and respect for the basic structure are essential to uphold the constitutional validity of laws enacted under this article.

Note: This commentary synthesizes the legal principles from the provided sources, emphasizing the constitutional scope, procedural safeguards, and judicial review mechanisms relevant to Article 4.

Art.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.

Art.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 a

Art.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.

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Art.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.

Art.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.

Art.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.

Legal Commentary on Article 10 of the Constitution of India

Introduction

Article 10 of the Indian Constitution guarantees the continuation of citizenship rights for persons who are or deemed to be citizens of India. It plays a crucial role in safeguarding the rights of citizens by ensuring their legal status remains intact unless altered by law. It forms part of the fundamental rights framework that underpins the legal protection of individual liberties in India.

What does Section Says

Article 10 states: "Every person who is or is deemed to be a citizen of India shall continue to be such a citizen subject to any law made by Parliament." This provision ensures the continuity of citizenship rights and clarifies that such rights are subject to legislative regulation.

Essential Ingredients

• Continuity of Citizenship: Ensures persons recognized as citizens retain their citizenship rights.
• Deemed Citizens: Extends protection to those considered citizens under legal provisions.
• Subject to Law: Citizenship rights are not absolute; they can be modified or regulated by Parliament.
• Legislative Power: The Parliament has the authority to prescribe laws that may alter or regulate citizenship rights.

Scope of Section

• Protects the citizenship rights of individuals recognized under Articles 5 to 9.
• Allows Parliament to enact laws that define, regulate, or revoke citizenship.
• Ensures that existing citizens do not lose their rights arbitrarily, reinforcing the principle of legal continuity.
• Applies to both natural-born citizens and those deemed citizens under law.
• Interacts with other constitutional provisions such as Articles 11 and 5 regarding citizenship.

Punishment for Section

• The provision itself does not prescribe any punishment. Its purpose is to safeguard rights, and any punitive measures related to citizenship are governed by laws enacted under Parliament’s authority, not directly by Article 10.

Legal Comments

• "Protection of Citizenship Rights" - Article 10 affirms the principle that once a person is recognized as a citizen, their citizenship rights are protected against arbitrary deprivation, unless lawfully altered by Parliament. [Source: "List of Important Articles in Indian Constitution - BYJU'S"]
• "Subject to Law" - The phrase underscores the supremacy of legislative authority to regulate citizenship, indicating that rights are not immutable but can be modified through law. [Source: "Part III FUNDAMENTAL RIGHTS"]
• "Deemed Citizens" - Extends citizenship protections to individuals who acquire citizenship under legal presumptions or statutory provisions, reinforcing inclusivity. [Source: "Article 10 of Indian Constitution: Continuation of Citizenship Rights"]
• "Legislative Power" - Parliament’s authority to enact laws under Article 10 allows for changes in citizenship criteria, including naturalization, renunciation, or deprivation. [Source: "Part III - Fundamental Rights"]
• "Legal Continuity" - Ensures stability and predictability in citizenship status, preventing arbitrary or sudden deprivation of rights. [Source: "Constitution of India - Indian Kanoon"]
• "No Punitive Provisions" - The article does not specify penalties; any punitive measures are contained within laws enacted by Parliament, such as the Citizenship Act, 1955. [Source: "List of Important Articles in Indian Constitution - BYJU'S"]
• "Protection against Arbitrary Deprivation" - Reinforces that citizenship rights cannot be revoked except in accordance with law, aligning with the rule of law. [Source: "Part III - Fundamental Rights"]
• "Interaction with Other Articles" - Works in tandem with Articles 5-9, which define and regulate citizenship, and Article 11, which empowers Parliament to make laws regarding citizenship. [Source: "Part III - Fundamental Rights"]
• "Legal Certainty" - Provides assurance to citizens that their rights are protected unless lawfully altered, fostering confidence in the legal system. [Source: "The Basic Structure of the Indian Constitution"]
• "Judicial Review" - Courts can examine laws enacted under Article 10 for consistency with constitutional principles, ensuring legislative compliance. [Source: "Judicial Review under Indian Constitution"]
• "Scope of Deprivation" - Any deprivation of citizenship must be in accordance with law, and such laws must pass judicial scrutiny for reasonableness and fairness. [Source: "Constitution of India - Indian Kanoon"]
• "Protection of Fundamental Rights" - Article 10 supports the broader framework of fundamental rights, emphasizing the importance of citizenship as a fundamental right. [Source: "Fundamental rights in India - Wikipedia"]
• "Legal Safeguard" - Acts as a constitutional safeguard ensuring that citizenship rights are not extinguished arbitrarily, aligning with the rule of law. [Source: "The Basic Structure of the Indian Constitution"]
• "Dealing with Deprivation" - Laws enacted under Article 10 must specify the grounds and procedures for deprivation, ensuring transparency. [Source: "Part III - Fundamental Rights"]
• "Implication for Naturalization" - Facilitates the process of naturalization and legal recognition of new citizens, subject to laws made by Parliament. [Source: "Citizenship Act, 1955"]
• "Protection of Existing Citizens" - Ensures that existing citizens are protected from sudden legislative deprivation, maintaining social stability. [Source: "Part III - Fundamental Rights"]
• "Legal Framework for Citizenship" - Acts as a constitutional anchor for all statutes concerning citizenship, including the Citizenship Act, 1955, and subsequent amendments. [Source: "Part III - Fundamental Rights"]
• "Limitations of Rights" - While Article 10 guarantees continuation, it implicitly recognizes that rights may be curtailed or regulated lawfully, emphasizing the importance of legislative authority. [Source: "List of Important Articles in Indian Constitution - BYJU'S"]

In summary, Article 10 of the Indian Constitution guarantees the continuity of citizenship rights for recognized citizens, subject to laws enacted by Parliament. It underscores the importance of legal safeguards, the authority of legislation to regulate citizenship, and the principle that such rights are protected unless lawfully altered. This article forms a core component of the constitutional framework ensuring stability, fairness, and rule of law in citizenship matters.

Art.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.

Art.12 Definition

       In this part, unless the context otherwise requires, “the State” includes the Government 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.

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Art.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 requires,—
       (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 o

Legal Commentary on Article 13 of the Constitution of India

Introduction

Article 13 of the Constitution of India serves as a crucial safeguard for fundamental rights by ensuring that any law inconsistent with or derogatory to these rights is rendered void. It establishes the supremacy of the Constitution and empowers the judiciary to review laws for their constitutionality.

What Article 13 Says

Article 13 consists of several clauses that define the scope of laws that can be challenged in court. It states that all laws in force immediately before the commencement of the Constitution, in so far as they are inconsistent with the provisions of fundamental rights, shall be void.

Essential Ingredients

1. Definition of Law: Article 13(3) defines "law" to include any ordinance, order, by-law, rule, regulation, notification, custom, or usage having the force of law.
2. Void Laws: Any law made in contravention of Article 13(2) is void to the extent of the contravention.
3. Judicial Review: Courts have the authority to declare laws void if they infringe upon fundamental rights.

Scope of Article

The scope of Article 13 extends to all forms of law, including statutory laws, customary laws, and delegated legislation. It applies to laws enacted before and after the Constitution came into force, ensuring that all laws conform to the fundamental rights enshrined in Part III of the Constitution.

Punishment for Violation

While Article 13 itself does not prescribe punishment, laws declared void under this article cannot be enforced, and individuals affected by such laws may seek remedies through the courts.

Legal Comments

• Supremacy of Constitution - Article 13 reinforces the supremacy of the Constitution over all other laws, ensuring that no law can infringe upon fundamental rights - .
• Judicial Review - Courts are empowered to review and invalidate laws that violate fundamental rights, thus acting as a check on legislative power - [ GORELAL VS STATE OF M. P. ].
• Customary Laws - Article 13(3)(b) clarifies that customary laws are included in the definition of "law" and can also be challenged if they infringe upon fundamental rights - [ Panch Gujar Gour Brahmans VS Amar Singh].
• Doctrine of Eclipse - Laws that were valid before the Constitution can be rendered void under Article 13 if they conflict with fundamental rights, but they may be revived if amended - .
• Reasonableness of Restrictions - The reasonableness of restrictions on fundamental rights is subject to judicial scrutiny, ensuring that arbitrary laws are struck down - [ GORELAL VS STATE OF M. P. ].
• Prospective Application - Article 13 provisions are generally prospective, meaning they do not affect existing laws unless they are inconsistent with fundamental rights - [ Kishanlal VS Mangilal].
• Legislative Competence - Article 13 ensures that legislative actions are within the bounds of the Constitution, preventing arbitrary exercise of power - [ Central Bank of India VS Vrajlal Kapurchand Gandhi].
• Protection Against Discrimination - Article 13 upholds the principle of equality before the law, prohibiting discriminatory legislation that violates fundamental rights - [ Jeetmal VS Nandlal].
• Inconsistency with Fundamental Rights - Any law that takes away or abridges the rights conferred by Part III is void, reinforcing the protection of individual liberties - .
• Judicial Activism - The judiciary plays a proactive role in interpreting Article 13, often expanding the scope of fundamental rights through landmark judgments - [ Brajesh Bansal VS State of M. P. ].
• Customary Practices - Customary practices that infringe upon fundamental rights can be invalidated under Article 13, reflecting the evolving nature of societal norms - [ Panch Gujar Gour Brahmans VS Amar Singh].
• Legislative Amendments - Amendments to existing laws must be consistent with fundamental rights; otherwise, they risk being declared void under Article 13 - [ Raj Homes (P) Ltd. VS State of M. P. ].
• Public Interest - The enforcement of Article 13 is aligned with the broader public interest, ensuring that laws serve the welfare of society - [ Brajesh Bansal VS State of M. P. ].
• Judicial Precedents - The interpretation of Article 13 has been shaped by various judicial precedents, which have clarified its application in different contexts - [ GORELAL VS STATE OF M. P. ].
• Impact on Existing Laws - Article 13 has significant implications for existing laws, requiring them to be re-evaluated in light of fundamental rights - [ Kishanlal VS Mangilal].
• Constitutional Amendments - Amendments to the Constitution itself must respect the fundamental rights enshrined in Article 13, ensuring that no amendment can infringe upon these rights - .
• Legal Remedies - Individuals whose rights are infringed by laws declared void under Article 13 can seek legal remedies through the courts, reinforcing the rule of law - [ Brajesh Bansal VS State of M. P. ].
• Role of the Judiciary - The judiciary's role in interpreting Article 13 is crucial for maintaining the balance of power between the legislature and individual rights - [ GORELAL VS STATE OF M. P. ].
• Fundamental Rights as a Shield - Article 13 acts as a shield for individuals against arbitrary state action, ensuring that their fundamental rights are protected - [ Brajesh Bansal VS State of M. P. ].

This commentary highlights the significance of Article 13 in safeguarding fundamental rights and ensuring that all laws conform to the principles enshrined in the Constitution of India.

Art.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.

Legal Commentary on Article 14 of the Constitution of India

Introduction

Article 14 of the Constitution of India enshrines the fundamental right to equality, asserting that the State shall not deny any person equality before the law or the equal protection of the laws within the territory of India. This provision is a cornerstone of the Indian legal framework, aimed at preventing discrimination and ensuring fairness in the application of laws.

What Does Article 14 Say

Article 14 states: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." This establishes two key principles: equality before the law and equal protection of the laws.

Essential Ingredients

1. Equality Before Law: This principle implies that every individual, regardless of status, is subject to the same laws.
2. Equal Protection of Laws: This ensures that individuals in similar circumstances are treated equally by the law.

Scope of Article 14

Article 14 applies to all actions of the State, including legislative, executive, and administrative actions. It mandates that laws must not be arbitrary and must be applied uniformly to all individuals.

Punishment for Violation of Article 14

While Article 14 itself does not prescribe specific punishments, violations can lead to judicial review, where courts can strike down laws or actions that are found to be discriminatory or arbitrary.

Legal Comments

• Equality Principle - Article 14 establishes the principle of equality before the law, ensuring that all individuals are treated equally in the eyes of the law. -
• Arbitrary Action - Any arbitrary action by the State that leads to unfair treatment is subject to judicial review under Article 14. - [ State of Rajasthan VS Beni Prasad Sharma]
• Discriminatory Legislation - Laws that create unreasonable classifications or discriminate against certain groups violate Article 14. - [ Birdichand VS State of Rajasthan]
• Fairness in Governance - Fairness is a fundamental principle of governance, and any arbitrary action affecting citizens' interests is subject to judicial scrutiny. - [ K. N. Mathur VS State of Rajasthan]
• Judicial Review - The courts have the power to review legislative and executive actions to ensure compliance with Article 14. - [ Brijesh Sharma VS District Judge, Jaipur District Jaipur]
• Equal Pay for Equal Work - Article 14 supports the principle of equal pay for equal work, ensuring that employees performing similar duties receive equal remuneration. - [ Prem Singh Soda VS State of Rajasthan]
• Discrimination in Employment - Employment practices that favor one group over another without a rational basis violate Article 14. - [ Vice-Chalrman and Managing Director, APSRTC, Hyd VS G. Anjamma]
• Legislative Validity - Provisions that impose arbitrary conditions for eligibility in public services can be struck down as unconstitutional under Article 14. - [ State of Rajasthan VS Beni Prasad Sharma]
• Right to Challenge - Individuals have the right to challenge arbitrary actions of the State that infringe upon their rights under Article 14. - [ Lokesh Kumar Pareek VS State of Rajasthan (128)]
• Protection Against Discrimination - Article 14 protects individuals from discriminatory practices in various sectors, including education and employment. - [ Ismail VS Rajasthan State]
• Equal Treatment in Legal Proceedings - All individuals must be treated equally in legal proceedings, ensuring no one is above the law. - [ K. N. Mathur VS State of Rajasthan]
• Rational Classification - The State can make reasonable classifications, but these must have a rational relation to the objective sought to be achieved. - [ Mahendra Surana VS State of Rajasthan]
• Impact on Fundamental Rights - Violations of Article 14 can lead to broader implications for other fundamental rights enshrined in the Constitution. - [ State of Rajasthan VS Kunji Raman]
• Judicial Interpretation - Courts have interpreted Article 14 to mean that any law or action that is arbitrary or discriminatory is unconstitutional. - [ State of Rajasthan VS Beni Prasad Sharma]
• Public Interest - Article 14 serves the public interest by ensuring that laws are applied fairly and justly, promoting social justice. - [ Lokesh Kumar Pareek VS State of Rajasthan (128)]
• Legislative Discretion - While the legislature has discretion in making laws, this discretion must be exercised within the bounds of Article 14. - [ K. N. Mathur VS State of Rajasthan]
• Equality in Public Services - Article 14 mandates equality in public services, prohibiting arbitrary discrimination in recruitment and promotions. - [ State of Rajasthan VS Beni Prasad Sharma]
• Protection of Marginalized Groups - The provision aims to protect marginalized and disadvantaged groups from discrimination and unequal treatment. - [ Kanwar Budh Singh VS Sahebzada Mohd. Yaseen]
• Legal Recourse - Individuals aggrieved by violations of Article 14 can seek legal recourse through writ petitions and other judicial remedies. - [ Lokesh Kumar Pareek VS State of Rajasthan (128)]
• Constitutional Supremacy - Article 14 reinforces the supremacy of the Constitution, ensuring that all laws and actions conform to constitutional mandates. - [ State of Rajasthan VS Beni Prasad Sharma]

This commentary highlights the significance of Article 14 in promoting equality and preventing discrimination within the Indian legal framework.

Art.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 grounds 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 wholly 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.
       1[(4) Nothing in this a

Legal Commentary on Article 15 of the Constitution of India

Introduction

Article 15 of the Constitution of India is a fundamental right that prohibits discrimination against citizens on grounds of religion, race, caste, sex, or place of birth. It aims to promote equality and social justice, ensuring that all individuals have equal access to opportunities and resources.

What Article 15 Says

1. Prohibition of Discrimination: Article 15(1) states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
2. Access to Public Places: Article 15(2) prohibits discrimination in access to shops, public restaurants, hotels, and places of public entertainment maintained wholly or partly out of state funds.
3. Special Provisions for Women and Children: Article 15(3) allows the State to make special provisions for women and children.
4. Advancement of Backward Classes: Article 15(4) permits the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

Essential Ingredients

• Non-Discrimination: The core principle of Article 15 is the prohibition of discrimination based on specified grounds.
• Access to Public Resources: Ensures that all citizens have equal access to public resources and facilities.
• Special Provisions: Allows for affirmative action to uplift marginalized groups, particularly women and backward classes.

Scope of Article 15

• Broad Application: Article 15 applies to all citizens and encompasses various forms of discrimination.
• Affirmative Action: It provides a constitutional basis for affirmative action policies aimed at improving the socio-economic status of disadvantaged groups.

Punishment for Violation

• Legal Recourse: While Article 15 itself does not prescribe specific punishments, violations can lead to legal challenges in courts, and remedies can be sought under Article 32 (Right to Constitutional Remedies).

Legal Comments

• Equality Principle - Article 15 embodies the principle of equality before the law, ensuring that no citizen is discriminated against based on arbitrary classifications - .
• Social Justice - The provisions under Article 15 are aimed at achieving social justice by protecting the rights of marginalized groups - [ Abdul Sathar, S/o. Mohammed Kunju VS Pathimuthu, D/o. Kunjasan].
• Affirmative Action - Article 15(4) allows for special provisions for the advancement of socially and educationally backward classes, reinforcing the State's commitment to uplift these groups - [ G. Vijayaraghavan VS The State of Tamil Nadu, rep. by its Secretary, Personnel and Administrative Reforms Department & Another].
• Gender Discrimination - Article 15(3) permits protective discrimination in favor of women, ensuring their rights are safeguarded in various contexts - [ 02700005156].
• Public Access - Article 15(2) ensures that all citizens have equal access to public spaces, preventing discrimination in public services - .
• Judicial Interpretation - Courts have interpreted Article 15 broadly to include various forms of discrimination, reinforcing its applicability in diverse contexts - [ Thakur Sheokaran Singh VS Daulatram].
• Legislative Backing - Various legislative measures have been enacted to support the provisions of Article 15, ensuring its effective implementation - [ Captin Gurvinder Singh VS State of Rajasthan].
• Caste and Class - Article 15 addresses caste-based discrimination, allowing for measures to uplift Scheduled Castes and Scheduled Tribes - [ Babu D. , R. G. Bhavan VS Regional Transport Authority, Thiruvananthapuram].
• Limitations on Reservations - While Article 15 allows for reservations, it also emphasizes the need for periodic review to prevent indefinite continuation of such measures - [ Padmraj Samarendra VS State Of Bihar].
• Judicial Activism - The judiciary plays a crucial role in interpreting Article 15, often stepping in to protect the rights of marginalized groups when the State fails to do so - [ S. Ve. Shekher, 67 Yrs VS Inspector of Police].
• Economic Backwardness - The provisions of Article 15 also consider economic backwardness as a valid ground for affirmative action - [ Rias Ahmad Shah VS State Of J. &K. ].
• Public Employment - Article 15(4) has been instrumental in shaping policies for reservations in public employment, ensuring representation for backward classes - [ Viswambharan VS Dhanya].
• Gender Equality - The article promotes gender equality by allowing special provisions for women, thus addressing historical injustices - [ DHANYAMO VS STATE OF KERALA].
• Social Justice Framework - Article 15 is part of a broader framework aimed at achieving social justice, as outlined in the Directive Principles of State Policy - [ N. Sreedharan Nair, Madras and others VS Mottaipatti Chinna Pallivasal Muslim Jamath, Virudhunagar, represented by its Managing Trustee, S. M. M. Yacoob and others].
• Constitutional Safeguards - The article serves as a safeguard against arbitrary State action, ensuring that citizens' rights are protected - [ Laxmi Kanwar VS State].
• Caste Verification - The verification of caste certificates is a critical aspect of implementing the provisions of Article 15, ensuring that benefits reach the intended beneficiaries - [ Tamil Nadu Public Service Commission, Rep. By its Secretary VS R. Manikandan].
• Judicial Review - Courts have the authority to review State actions that violate the principles enshrined in Article 15, ensuring accountability - [ Saroj Bai VS Jai Kumar Jain].
• Public Interest Litigation - Article 15 has been invoked in various public interest litigations aimed at addressing systemic discrimination - [ P. V. Indiresan VS Union of India (UOI)].
• Caste Census - The need for a caste census has been emphasized to ensure that reservations are based on accurate demographic data - [ Dr. E. Sayed Ali VS Union of India, rep. by the Chief Secretary & Others].
• Social and Economic Rights - Article 15 is intertwined with social and economic rights, emphasizing the need for a holistic approach to equality - [ P. Rami Reddy VS State Of A. P. ].

This commentary highlights the significance of Article 15 in promoting equality and social justice in India, reflecting its broad scope and the judicial interpretations that have shaped its application.

Art.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 1[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 provis

Legal Commentary on Article 16 of the Constitution of India

Introduction

Article 16 of the Indian Constitution guarantees equality of opportunity in matters of public employment. It is a fundamental right ensuring that no citizen faces discrimination on grounds such as religion, race, caste, sex, descent, or place of birth. This article forms a core component of the constitutional guarantee of equality, aligning with other fundamental rights to promote social justice and equal opportunity.

What does Article 16 Say?

• Clause (1): Guarantees equality of opportunity for all citizens in public employment.
• Clause (2): Prohibits discrimination on grounds of religion, race, caste, sex, descent, or place of birth in respect of employment or appointment under the State.
• Clause (3): Allows the State to make reservations for backward classes or scheduled castes and tribes in appointments or posts.
• Clause (4): Provides for reservation for Scheduled Castes and Scheduled Tribes in appointments or posts, subject to certain conditions.
• Clause (4-A): Permits reservations for backward classes in matters of promotion.
• Clause (5): Clarifies that nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Essential Ingredients

• Equality of opportunity: Every citizen should have equal access to public employment.
• Prohibition of discrimination: No citizen shall be discriminated against on specified grounds.
• Reservations: The State can make provisions for reservations for backward classes, SCs, and STs.
• Protection of reserved categories: Reservations are to be prospective unless specified otherwise.
• Non-retroactivity: Reservation policies and roster systems are generally to be prospective, not retrospective.

Scope of Section

• Scope of equality: Extends to all matters relating to employment and appointment, including matters concerning promotion and seniority.
• Inclusion of temporary and deputed employees: Temporary employees and those on deputation are also protected under the scope of Article 16, ensuring they are not deprived of opportunities for promotion [Mohanlal VS State].
• Reservation and affirmative action: The article provides constitutional backing for affirmative actions such as reservations for SCs, STs, and backward classes, with the stipulation that such reservations are to be prospective [G. S. I. C. Karmachari Union VS Gujarat Small Industries Corpn. ].
• Applicability to statutory bodies: The provisions extend to statutory bodies invested with public duties and powers, such as the Rajasthan State Electricity Board [Mohanlal VS State].

Punishment for Violations

• The Constitution does not specify direct punishments for violations of Article 16. However:
• Legal remedies: Citizens can approach courts for enforcement of their rights, and courts can declare illegal any discriminatory practice or unconstitutional rules.
• Judicial review: Any rule or policy that violates the principles of equality under Article 16 can be struck down as unconstitutional [State of Rajasthan VS M. C. Saxena].
• Discrimination in appointments: Discriminatory practices, such as arbitrary classification or denial of opportunities, can be challenged in courts, which can order reinstatement, compensation, or quashing of illegal policies [Anand Swaroop Bhatnagar VS State].

Legal Comments

• "Equal opportunity" - Article 16 guarantees equal opportunity in public employment, including matters related to promotion and seniority, ensuring no citizen is unfairly deprived of employment opportunities .
• "Discrimination" - Prohibits discrimination on grounds such as religion, race, caste, sex, descent, or place of birth, and any rule or practice violating this can be declared unconstitutional [Mohanlal VS State].
• "Reservation" - Reservation provisions are to be prospective and not retrospective; policies must be implemented in a manner consistent with constitutional principles [G. S. I. C. Karmachari Union VS Gujarat Small Industries Corpn. ].
• "Temporary employees" - Employees on temporary or ad hoc basis do not have a right to regularization; they must compete equally for regular posts [Govind Ram VS State].
• "Promotion rights" - Mere deputation or temporary posting does not deprive an employee of the opportunity for promotion; rights are protected unless explicitly barred by rules [Mohanlal VS State].
• "Seniority fixation" - Fixation of seniority must be on a rational and fair basis; arbitrary fixation violates Article 16 [M. K. Vasudevan Nair VS Gen. Manager Ordinance Factory, Jabalpur].
• "Reservation for SCs/STs" - Reservation must be prospective; retrospective reservation or rosters violate constitutional principles [G. S. I. C. Karmachari Union VS Gujarat Small Industries Corpn. ].
• "Discriminatory classification" - Classification based on residence or domicile within a district or rural area for employment is unconstitutional if it is based on parochial considerations [Savitri Singh VS State of M. P. ].
• "Natural justice" - The principles of natural justice must be followed in disciplinary and adverse action cases; failure to do so can invalidate such actions [State of Rajasthan VS M. C. Saxena].
• "Legal remedies" - Citizens can seek judicial review for violations of Article 16, including quashing discriminatory rules, orders, or policies [State of Rajasthan VS M. C. Saxena].
• "Promotion and transfer" - Transfers and promotions are valid unless made on malafide grounds or in violation of rules; transfer orders are generally upheld if made in the course of service [Ashok Kr. Sharma VS State].
• "Equality in seniority" - Fixation of seniority must be based on proper principles; arbitrary fixation can be challenged [K. N. Gupta VS Union of India].
• "Special provisions" - Special provisions such as reservations are permitted but must adhere to constitutional limits and be prospective [G. S. I. C. Karmachari Union VS Gujarat Small Industries Corpn. ].
• "Disqualification and eligibility" - Eligibility criteria for appointments must be based on rational and relevant qualifications; arbitrary disqualifications violate Article 16 [State of Rajasthan VS Laxmi Kant Sharma].
• "Judicial review" - Courts have the power to scrutinize rules, policies, and orders to ensure they conform to constitutional mandates of equality and non-discrimination [State of Rajasthan VS M. C. Saxena].
• "Discriminatory practices" - Any practice or rule that results in unjust discrimination or arbitrary classification is subject to judicial scrutiny and can be struck down [Anand Swaroop Bhatnagar VS State].

• [Mohanlal VS State]
• [Secretary To The Government Of Orissa VS Laxmikanta Nanda]
• [Chander Kant Saxena VS State of Rajasthan]
• [A. K. Tiwari, Civil Judge VS District & Sessions Judge]
• [R C GOEL VS STATE OF M P]
• [G. S. I. C. Karmachari Union VS Gujarat Small Industries Corpn. ]
• [Swyambar Prasad Sudrania VS State of Rajasthan]
• [Sita Ram Meena VS Central Council for Research in Ayurveda and Siddha]
• [Savitri Singh VS State of M. P. ]
• [Dinesh Upadhyay VS State]
• [Dharmendra Kumar Pandey VS State]
• [Madhya Pradesh Electricity Board VS S. S. Modh]
• [Rajendra Singh VS The State Of Rajasthan]
• [Ashok Kr. Sharma VS State]
• [Anand Swaroop Bhatnagar VS State]
• [Mohan Lal VS The State of Rajasthan]
• [J. P. Mathur VS Union of India]
• [D. K. Jain VS Rajasthan Housing Board]
• [I. K. Goyal VS Rajasthan Non Government Educational Institutions Tribunal]
• [Vishwanath Sharma VS State Of Bihar]
• [Narian Singh VS State]
• [Kailash Chandra Yadav VS State of Rajasthan]
• [Prakash C. Choudhary VS R. P. S. C. ]
• [Hari Singh VS State]
• [Shrikant Rao VS State of Rajasthan]
• [Nair Service Society VS University Grants Commission]
• [K. N. Gupta VS Union of India]
• [Govind Ram VS State]
• [Arun Kumar VS Union of India]
• [Shiv Shankar Singh VS State of Bihar]
• [Dharam Raj VS State of Rajasthan]

This concise legal commentary synthesizes the key aspects of Article 16, highlighting its scope, limitations, and judicial interpretations to ensure a comprehensive understanding of its constitutional significance.

Art.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.

Art.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.

Legal Commentary on Article 18 of the Constitution of India

Introduction

Article 18 of the Constitution of India addresses the abolition of titles, ensuring that no titles, except for military or academic distinctions, can be conferred by the State. This provision is rooted in the principles of equality and non-discrimination, reflecting the democratic ethos of the nation.

What Does Article 18 Say

1. Prohibition of Titles: Article 18(1) states that no title, other than military or academic distinctions, shall be conferred by the State.
2. Acceptance of Foreign Titles: Article 18(2) prohibits any citizen of India from accepting titles from any foreign State.
3. Restrictions on Non-Citizens: Article 18(3) restricts non-citizens holding office under the State from accepting titles from foreign States without the President's consent.
4. Consent Requirement: Article 18(4) mandates that individuals holding office under the State must obtain the President's consent before accepting any presents or emoluments from foreign States.

Essential Ingredients

• Abolition of Titles: The core principle is the abolition of titles to promote equality.
• Exceptions: Military and academic distinctions are exceptions to this rule.
• Consent Mechanism: The requirement for consent from the President for accepting foreign titles or presents.

Scope of Section

• The scope of Article 18 extends to all citizens and individuals holding office under the State, ensuring that no titles can create a hierarchy or privilege among citizens.
• It applies to both domestic and foreign titles, reinforcing the principle of equality before the law.

Punishment for Section

• There is no explicit punishment outlined for violations of Article 18. However, the constitutional framework implies that any conferral of titles contrary to this provision would be unconstitutional.

Legal Comments

• Title Abolition - Article 18 abolishes all titles, ensuring equality among citizens and preventing the State from conferring titles of nobility. -
• Military and Academic Exceptions - The only exceptions to the prohibition of titles are military and academic distinctions, which are recognized for their merit. -
• Foreign Titles - Citizens are prohibited from accepting titles from foreign states, reinforcing national integrity and sovereignty. -
• Presidential Consent - Individuals in positions of trust under the State must seek the President's consent before accepting any presents or titles from foreign entities. -
• Historical Context - The provision was debated in the Constituent Assembly to eliminate the remnants of feudalism and promote a more egalitarian society. -
• Judicial Interpretation - Courts have upheld the provisions of Article 18, emphasizing its role in maintaining equality and preventing discrimination based on titles. -
• No Penalty for Breach - There is no specific penalty for violating Article 18, as it primarily serves to limit the powers of the State rather than impose criminal liability. -
• Equality Principle - Article 18 is a crucial component of the Right to Equality, ensuring that all citizens are treated equally without any titles conferring special privileges. -
• Legislative Limitation - The article limits the legislative and executive powers concerning the conferment of titles, ensuring adherence to constitutional values. -
• Cultural Impact - The abolition of titles has significant cultural implications, promoting a sense of unity and equality among diverse populations in India. -
• Public Service Integrity - By prohibiting titles, Article 18 aims to maintain the integrity of public service and prevent corruption linked to titles and honors. -
• Constitutional Safeguard - Article 18 serves as a constitutional safeguard against the re-emergence of a feudal system, promoting democratic values. -
• Social Justice - The article aligns with the broader goals of social justice and equality enshrined in the Constitution, particularly in Articles 14 to 17. -
• Judicial Precedents - Various judicial precedents have reinforced the interpretation and application of Article 18 in maintaining equality and preventing discrimination. -
• Public Awareness - The provision encourages public awareness regarding the importance of equality and the dangers of hierarchical titles in a democratic society. -
• Legislative Intent - The legislative intent behind Article 18 is to foster a society where merit and equality are prioritized over hereditary or arbitrary distinctions. -
• Constitutional Framework - Article 18 is part of a broader constitutional framework that seeks to establish a just and equitable society free from discrimination. -
• Civic Responsibility - Citizens are encouraged to uphold the values of equality and reject any form of title that may undermine the democratic ethos of the nation. -
• Global Perspective - The abolition of titles in India reflects a global trend towards egalitarianism and the rejection of aristocratic privileges in modern governance. -
• Future Implications - The ongoing relevance of Article 18 in contemporary society highlights the need for vigilance against any attempts to reintroduce titles or privileges based on status. -

Art.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; 1[and]
       2[***]
       (g) to practise any profession, or to carry on any occupation, trade or business.
       3[(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 restri

Legal Commentary on Article 19 of the Constitution of India

Introduction

Article 19 of the Indian Constitution enshrines fundamental freedoms essential for the functioning of a democratic society. It guarantees six rights to all citizens, subject to reasonable restrictions in the interest of sovereignty, public order, morality, and other societal concerns. These rights include freedom of speech and expression, assembly, association, movement, residence, and profession or occupation.

What does Article 19 Say?

• Guarantees six fundamental freedoms:
• 19(1)(a): Freedom of speech and expression
• 19(1)(b): Right to assemble peacefully
• 19(1)(c): Right to form associations or unions
• 19(1)(d): Right to move freely throughout the territory of India
• 19(1)(e): Right to reside and settle in any part of India
• 19(1)(g): Right to practice any profession, occupation, or trade
• Subject to restrictions under clauses (2) to (6).

Essential Ingredients

• Citizenship: Rights are guaranteed only to citizens of India.
• Freedom of choice: Citizens can freely exercise these rights unless law imposes restrictions.
• Reasonable restrictions: Rights are not absolute; restrictions must be reasonable, prescribed by law, and in the interest of public order, morality, sovereignty, etc.
• Legislative competence: Restrictions must be enacted via valid legislation within the scope of the Constitution.

Scope of Section

• Scope of each right:
• Freedom of speech and expression includes the right to express opinions, disseminate ideas, and publish.
• Right to assemble includes peaceful protests and demonstrations.
• Right to form associations includes trade unions and political parties.
• Movement and residence rights allow citizens to travel and settle freely within India.
• Right to trade or profession enables citizens to carry out any lawful trade or profession.
• Limitations:
• Restrictions are permissible for safeguarding public order, morality, sovereignty, and other societal interests.
• Rights are subject to the doctrine of reasonable restrictions, balancing individual liberty and societal needs.

Punishment for Violations

• Legal consequences:
• Violation of these rights, if unlawful, can lead to legal action, including criminal prosecution or civil remedies.
• Restrictions imposed must be justified as reasonable; arbitrary restrictions may be struck down by courts.
• For example, restrictions on trade or speech found unreasonable or beyond legal bounds are declared ultra vires and invalid.

Legal Comments

• "Freedom of speech" - Guaranteed under Art. 19(1)(a); subject to restrictions for public order, morality, etc. [Articles 19(1)(a), 19(2)]
• "Reasonable restrictions" - Must be justified by law and in the interest of the public; courts assess reasonableness based on public interest, not individual preferences. [Para 12, 13 of judgments]
• "Trade and business" - Right under Art. 19(1)(g) is not absolute; restrictions must be reasonable and in the public interest, such as licensing or regulation orders. [Para 12, 13 of judgments]
• "Restrictions on assembly" - Police can deny permission to hold public meetings if law and order are threatened; courts generally uphold such restrictions. [Para 10 of judgments]
• "Freedom of movement" - Can be restricted only by law; arbitrary restrictions violate Article 19(1)(d). [Para 12 of judgments]
• "Right to form associations" - Can be curtailed if the association is unlawful or against public order; laws must be reasonable. [Para 3, 16 of judgments]
• "Public order" - A key ground for imposing restrictions; courts have upheld restrictions on rights like protests, demonstrations, or strikes if they threaten peace. [Para 10, 15 of judgments]
• "Commercial activities" - Licensing restrictions like those under trade laws are valid if they are reasonable and serve public interest; courts scrutinize reasonableness. [Para 11, 14 of judgments]
• "Private life and privacy" - Rights under Article 19(1)(f) and 21 are subject to restrictions; privacy rights can be curtailed for public interest, but must be reasonable. [Para 15-20 of judgments]
• "Restrictions on religious practices" - Laws affecting religious practices must satisfy constitutional tests under Articles 25 and 26; restrictions are valid if they are reasonable and in public interest. [Para 69-72 of judgments]
• "Restrictions on expression during sensitive times" - Publishing offensive or provocative material, especially during religious or communal occasions, can be restricted to maintain public order. [Para 8 of judgments]
• "Freedom of press" - While protected under Article 19(1)(a), it is subject to restrictions to prevent communal disharmony, obscenity, or defamation. [Para 8 of judgments]
• "Legal restrictions" - Restrictions must be precise; vague or arbitrary restrictions violate Article 19(2) or 19(6). Courts evaluate the reasonableness in each case. [Para 13 of judgments]
• "Restrictions for health and safety" - Laws regulating sale of medicines, explosives, or hazardous materials are valid if they are reasonable and serve public health or safety. [Para 11, 16 of judgments]
• "Restrictions on political strikes or bandh" - Courts have held that political bandh calls that disrupt public order violate rights; restrictions are valid. [Para 5 of judgments]
• "Restrictions on property rights" - Laws depriving property rights must be reasonable and in public interest; arbitrary deprivation violates Article 19(1)(f). [Para 32 of judgments]
• "Restrictions on public protests" - Must balance individual rights with public order; courts uphold restrictions if they are necessary and proportionate. [Para 10 of judgments]

In summary, Article 19 provides vital freedoms that are essential for democratic functioning but are not absolute. The rights are subject to "reasonable restrictions" which must be lawful, justified by societal interests, and proportionate. Courts play a crucial role in examining the reasonableness of restrictions, ensuring that individual liberties are balanced with public order and morality. Laws or executive orders that impose excessive or vague restrictions are liable to be struck down as unconstitutional.

**- [Rajputana Cold Storage and Refrigeration Ltd. , Jaipur VS Government of Rajasthan], [Shri Kishan Lal VS Municipal Council, Ajmer (131)], [Nathuram VS Patram], [Madhya Pradesh Bank Employees Association VS State of Madhya Pradesh], [Madho Singh VS State Of Bihar], [New Standard Scale Engineering Works VS State of M. P. ], [P. K. Subramanian VS The Secretary to Government, Government of Tamil Nadu, Revenue Department & others], [M. E. S. Ponnani College, Represented by Its Principal, Dr. T. P. Abbas VS Debashish Kumar Behra, The Superintendent of Police, Malappuram], [Jaipur Udbyog Ltd. VS Union of India], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [State of Gujarat VS Mirzapur Moti Kureshi Kassab Jamat], [XXX VS City Police Commissioner], [G. Lakshmi VS State Transport Appellate Tribunal A. P. , Hyd. ], [Syed Hussain Ali VS Dargah Committee Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Gulabji VS C. T. O. , Sirohi], [DREAM LAND ESTATE VS STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Pt. Triveni Shyam Sharma VS Board of Revenue, Raj. ], [State of Rajasthan VS Mohanlal], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [Syed Habib Hussain VS Kamal Chand], [Ram Swaroop VS Lakhoo Mal], [State VS Mst. Bashiran], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [S. Raja Maravan @ Manickavasagam, Secretary, Tamil Nadu State Youth Wing VS Superintendent of Police, Tirunelveli District, Tirunelveli], [Dr. G. P. Hahnemann VS The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others], [Bijumon VS State of Kerala, Represented By Public Prosecutor], [Orissa Textile & Steel Ltd. etc. etc. VS State of Orissaetc. etc. ], [Radhey Shyam Ramswaroop VS State of Rajasthan], [State of Rajasthan VS Sarita Choudhary], [Gauri Shankar, Badri Narain VS State of Bihar], [K. Krishnamani VS Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings], [01702007092], [Salu Sugathan Someni VS District Police Chief, Kollam], [Kishori VS Board of Revenue], [District Collector VS B. Suresh], [Mishrilal VS District Judge, Jodhpur], [N. R. Desai VS T. N. Chaturvedi Collector, Ajmer], [Allahnoor VS District Magistrate, Chittorgarh], [017019681

Art.20 Protection in respect of conviction for offences

       (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, nor 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.

Legal Commentary on Article 20 of the Constitution of India

Introduction

Article 20 of the Indian Constitution is a fundamental right that provides protections to individuals against arbitrary actions by the State in criminal proceedings. It embodies key safeguards such as protection from ex post facto laws, double jeopardy, and self-incrimination, ensuring fairness and justice in criminal law enforcement.

What does Article 20 Say?

• Article 20(1): Prohibits retrospective criminal laws, stating no person shall be convicted of an offence except under a law in force at the time of the act.
• Article 20(2): Prohibits double jeopardy, preventing a person from being prosecuted or punished more than once for the same offence.
• Article 20(3): Protects against self-incrimination by forbidding the compulsion of a person to testify against himself or herself.

Essential Ingredients

• Protection against retrospective laws: No person can be convicted under a law that was not in force at the time of the offence.
• Double jeopardy: A person cannot be prosecuted or punished twice for the same offence.
• Protection against self-incrimination: No person can be compelled to testify against himself or herself.
• Scope of protections: These rights apply to both citizens and non-citizens, and extend to proceedings initiated by the State.

Scope of Section

• Retrospective Laws: Laws enacted after the commission of an offence cannot be used to convict individuals for acts committed before such laws came into force [Article 20(1)].
• Double Jeopardy: Once acquitted or convicted, a person cannot be tried again for the same offence on the same facts [Art. 20(2)].
• Self-Incrimination: The right extends to preventing testimonial compulsion, including in police interrogations and court proceedings [Art. 20(3)].
• Protection in departmental proceedings: Departmental disciplinary actions are distinct from criminal proceedings and are generally not barred under Article 20(2) [Para 19, 20 & 25 of sources].

Punishment for Violations

• Violation of these protections can lead to the quashing of proceedings, orders, or charges found to infringe upon Article 20 rights.
• Courts have held that acts such as compelling a person to produce evidence or testify against themselves violate Article 20(3) [Para 8, 13, 17 of sources].
• Orders or directions that force the accused to produce evidentiary documents or give self-incriminatory statements without proper safeguards are invalid [Para 8, 13, 17 of sources].

Legal Comments

• "Protection from ex post facto laws" - Article 20(1) ensures no one can be convicted under laws not in force at the time of the offence, safeguarding against retrospective legislation. - [Source: "" (various citations)]
• "Double jeopardy" - Prohibits successive trials or punishments for the same offence, but distinguishes between criminal punishment and departmental disciplinary actions. - [Source: "Madan Lal VS State of Rajasthan", "Kamruddin Pathan VS Rajasthan State Road Transport Co. " (various citations)]
• "Self-incrimination" - Article 20(3) prevents the state from compelling an accused to testify against himself; orders requiring production of documents or blood samples are valid as they do not amount to testimonial compulsion. - [Source: "01701983073", "02100122920", "P. Ravikumar VS Malarvizhi @ S. Kokila" (various citations)]
• "Scope of Article 20(3)" - Extends to any process that compels testimonial evidence; however, physical acts like giving blood samples are not considered testimonial and are permissible. - [Source: "01701983073", "02100122920" (various citations)]
• "Protection against self-incrimination in police proceedings" - Statements made during police custody or interrogation are protected; however, voluntary statements or medical tests are not deemed testimonial compulsion. - [Source: "Gulabrai VS State", "PARSHOTTAMBHAI PREMJIBHAI PATELIA VS SUPERINTENDING ENGINEER,gujarat ELECTRICITY BOARD,anand" (various citations)]
• "Application to departmental proceedings" - Orders in disciplinary actions are generally not barred by Article 20(2), as these are not criminal punishments but administrative measures. - [Source: "Madan Lal VS State of Rajasthan", "Kamruddin Pathan VS Rajasthan State Road Transport Co. " (various citations)]
• "Order to produce documents" - Orders compelling the production of evidentiary documents must specify purpose and relevance; mechanical or vague orders are invalid under Article 20(3). - [Source: "Surya Narayanan VS M. V. Vijayan", "Surya Narayanan and Another VS M. V. Vijayan" (various citations)]
• "Protection in cases of new laws" - Laws enacted after the commission of an offence cannot be applied retroactively, protecting individuals from ex post facto punishments. - [Source: "" (various citations)]
• "Protection from double jeopardy in civil and criminal proceedings" - The principle applies primarily to criminal trials; departmental or civil actions are distinct and not barred by Article 20(2). - [Source: "Madan Lal VS State of Rajasthan", "Kamruddin Pathan VS Rajasthan State Road Transport Co. " (various citations)]
• "Protection in cases of medical testing" - Court directions for blood tests or medical examinations do not violate Article 20(3) when done voluntarily or with consent, especially when used to prove innocence or communication of disease. - [Source: "02100122920", "P. Ravikumar VS Malarvizhi @ S. Kokila" (various citations)]
• "Protection against illegal searches and seizures" - Search warrants issued under law do not violate Article 20(3) as they do not compel testimonial evidence but authorize physical searches. - [Source: "RAMESH KUMAR PATEL VS KODURAM GARG" (various citations)]
• "Protection in cases of amendments to laws" - New offences introduced after the offence was committed do not apply retrospectively, preserving the rights under Article 20. - [Source: "A. K. Pratap VS Central Bureau of Investigation Anti Corruption Branch, Cochin, represented by The Standing Counsel CBI", "O. P. Agarwal VS State of Rajasthan" (various citations)]
• "Protection in bail conditions" - Conditions imposed while granting bail should not violate the accused’s rights under Article 20(3); coercive conditions like aiding police or producing documents without proper safeguards are invalid. - [Source: "Shaik Layak VS State" (various citations)]
• "Protection in proceedings under special laws" - Laws like the Narcotic Drugs Act or Prevention of Atrocities Act are subject to the protections of Article 20, but the nature of proceedings determines applicability. - [Source: "02700014397", "Er. K. K. Jerath VS Union Territory, Chandigarh" (various citations)]
• "Protection in civil and criminal proceedings" - The protections under Article 20 primarily pertain to criminal proceedings; civil or departmental actions are separate and not barred. - [Source: "Madan Lal VS State of Rajasthan", "Kamruddin Pathan VS Rajasthan State Road Transport Co. " (various citations)]
• "Protection against self-incrimination in medical and forensic tests" - Court directions to give blood or DNA samples are not testimonial; thus, they do not violate Article 20(3). - [Source: "02100122920", "P. Ravikumar VS Malarvizhi @ S. Kokila" (various citations)]
• "Order for production of documents" - Orders for production must specify relevance; orders without proper purpose or scope violate Article 20(3). - [Source: "Surya Narayanan VS M. V. Vijayan", "Surya Narayanan and Another VS M. V. Vijayan" (various citations)]
• "Protection in the context of amendments" - When laws are amended, the rights under Article 20 protect individuals from being prosecuted under laws not in force at the time of the offence. - [Source: "A. K. Pratap VS Central Bureau of Investigation Anti Corruption Branch, Cochin, represented by The Standing Counsel CBI", "Soni Devrajbhai Babubhai VS State Of Gujarat" (various citations)]

Conclusion

Article 20 of the Indian Constitution is a cornerstone of criminal jurisprudence, ensuring that individuals are protected against arbitrary, retrospective, or double jeopardy actions by the State. Its scope extends to safeguarding against self-incrimination, with specific limitations and interpretations upheld by judiciary to balance individual rights with the needs of law enforcement.

Note: This commentary synthesizes legal principles and judicial interpretations from the provided sources, emphasizing the core protections and limitations established under Article 20 of the Indian Constitution.

Art.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.

Legal Commentary on Article 21 of the Constitution of India

Introduction

Article 21 of the Constitution of India guarantees the fundamental right to life and personal liberty. It asserts that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This provision is pivotal in safeguarding individual rights against arbitrary state action.

What Article 21 Says

Article 21 states: "No person shall be deprived of his life or personal liberty except according to the procedure established by law." This means that every individual has the right to live, and their life cannot be taken away except in accordance with prescribed legal procedures.

Essential Ingredients

• Right to Life: Encompasses the right to live with dignity.
• Personal Liberty: Protects individual freedom from arbitrary detention or restraint.
• Due Process: Ensures that any deprivation of life or liberty must follow a fair and just legal procedure.

Scope of Article 21

• The scope of Article 21 has been expanded through judicial interpretation to include various rights such as the right to privacy, the right to a clean environment, and the right to speedy trial.
• It applies to all individuals, including citizens and non-citizens, and is a cornerstone of human rights in India.

Punishment for Violation of Article 21

While Article 21 itself does not prescribe specific punishments, violations can lead to legal consequences, including compensation for victims and punitive measures against state officials responsible for the infringement.

Legal Comments

• Right to Free Legal Aid - Every accused person has the right to free legal assistance at state cost, especially if they are unrepresented. Failure to inform them of this right can vitiate the trial. [Source: Sekadiya s/o Roopa Bhil VS State of Madhya Pradesh]
• Right to Dignity - The right to dignity extends to the dead; for instance, the body of a condemned prisoner must be treated with respect after death. [Source: Pt. Parmanand Katara, Advocate VS Union of India]
• Speedy Trial - The right to a speedy trial is a fundamental right under Article 21, ensuring that no individual is subjected to prolonged detention without trial. [Source: Chandoo @ Chandraprakash Gupta VS State of Madhya Pradesh]
• Custodial Violence - Victims of custodial violence are entitled to compensation, reflecting the punitive and compensatory nature of remedies for violations of fundamental rights. [Source: M. A. Meeran (died) & Others VS The Government of Tamil Nadu rep. by Secretary, Home Department & Others]
• Right to Livelihood - The right to livelihood is included within the ambit of Article 21, emphasizing that procedures for payment of benefits must be just and fair. [Source: Ramnath VS State of Rajasthan]
• Prohibition of Handcuffing - Handcuffing is considered inhumane and unreasonable unless justified by specific circumstances, reflecting the dignity of the individual. [Source: Khedut Mazdoor Chetna Sanghathan VS State of M. P. ]
• Right to a Clean Environment - The right to life includes the right to a clean and safe environment, which is essential for a healthy life. [Source: Milkmen Colony Vikas Samiti VS State of Rajasthan]
• Delay in Trials - Unreasonable delays in trials violate the right to a speedy trial, leading to potential quashing of proceedings. [Source: Ramavtar VS State of Rajasthan]
• Compensation for Death in Custody - The state is liable to compensate the family of a person who dies in custody due to negligence or custodial violence. [Source: M. A. Meeran (died) & Others VS The Government of Tamil Nadu rep. by Secretary, Home Department & Others]
• Right to Privacy - The right to privacy has been recognized as a fundamental right under Article 21, protecting individuals from unwarranted intrusions. [Source: ]
• Judicial Oversight - Courts have the authority to ensure that the procedures established by law are fair and just, reinforcing the protective nature of Article 21. [Source: Indian Harm Reduction Network VS Union of India]
• Right to Travel - Article 21 includes the right to travel abroad, and any suppression of this right is deemed violative. [Source: Franjo T. Francis VS Varghese Kuruvvila @ Sunny Kuruvila]
• Right Against Solitary Confinement - Solitary confinement is considered a violation of Article 21, as it infringes on personal liberty and dignity. [Source: ]
• Right to Health - Access to healthcare is a fundamental right under Article 21, obligating the state to provide necessary medical assistance. [Source: Parmanand Katara VS Union of India]
• Right to Education - The right to education has been linked to Article 21, emphasizing the importance of education in ensuring a dignified life. [Source: Anees Hameed, Marketing Executive & Research Analyst VS State of Kerala Represented by The Chief Secretary, Secretariat]
• Protection from Arbitrary Detention - Article 21 protects individuals from arbitrary detention, ensuring that any deprivation of liberty is lawful and justified. [Source: ]
• Judicial Review - Courts have the power to review laws and actions that infringe upon the rights guaranteed under Article 21, ensuring accountability. [Source: ]
• Rights of Undertrials - Undertrial prisoners have specific rights under Article 21, including the right to be released if their trial is unduly delayed. [Source: People's Union for Civil Liberties VS State of Bihar]
• Right to Family Life - The right to maintain family life is protected under Article 21, including the right to conjugal visits for prisoners. [Source: Jasvir Singh VS State of Punjab]
• Environmental Rights - The preservation of the environment is integral to the right to life, as a healthy environment is essential for survival. [Source: Uppliyanthittu Kamarajar Nagar etc. Association, etc. VS District Collector, Dindigul District]

This commentary highlights the expansive interpretation of Article 21 and its critical role in protecting individual rights and liberties in India.

Art.21(a) Right to education

       The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.]
       ----------------------------------------
        1. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, sec. 2.
       ----------------------------------------

Legal Commentary on Article 21(a) of the Constitution of India

Introduction

Article 21(a) of the Indian Constitution enshrines the fundamental right to education for children aged 6 to 14 years, as inserted by the 86th Amendment in 2002. This provision underscores the recognition of education as an essential facet of the right to life and personal liberty, emphasizing the state's obligation to provide free and compulsory education to all children within this age bracket. It aligns with the broader constitutional goal of ensuring social justice, equality, and the development of human potential.

What does Article 21(a) Say?

Article 21(a) states:"The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."This constitutional mandate mandates the State to enact legislation ensuring free and compulsory elementary education, thereby making it a fundamental right of children.

Essential Ingredients

• Right to Education: Recognized explicitly as a fundamental right under Article 21A.
• Age Group: Children between 6 and 14 years.
• State Obligation: To provide free and compulsory education.
• Legislative Framework: The manner of implementation is to be prescribed by law enacted by Parliament or State Legislatures.
• Legal Duty: The State's obligation is binding and enforceable, emphasizing direct action to facilitate access to education.

Scope of Article 21(a)

• Fundamental Right: It makes education a core component of the right to life and personal liberty.
• Positive Obligation: The State is duty-bound to establish and run educational institutions or ensure access to education through other means.
• Inclusive: Applies to all children, regardless of caste, creed, or socio-economic status.
• Enforcement: Courts have held that the right to education under Art. 21A is justiciable, and violations can be challenged in courts.
• Complementary Rights: It works alongside other fundamental rights like Articles 14 (Equality) and 15 (Prohibition of Discrimination).

Punishment for Violation of Article 21(a)

• Legal Recourse: Citizens or organizations can approach courts for enforcement.
• Judicial Remedies: Courts have issued directions to the State to ensure implementation, including closing illegal schools charging capitation fees or operating without recognition.
• Penalties under Statutes: The Karnataka Education Act and other laws prescribe penalties for violations like charging capitation fees or operating illegal educational institutions.
• Injunctions and Writs: Courts have issued writs of mandamus, certiorari, or prohibition to enforce the right and prevent violations.
• Compensation: Courts have awarded compensation for deprivation of the right to education or for illegal denial.

Legal Comments (from the provided sources)

• Right to Education as a Fundamental Right - Recognized explicitly under Art. 21A, courts have held that the State's obligation to provide free and compulsory education is integral to the right to life [Source: ""].
• State's Duty - The State has a constitutional duty to establish infrastructure and regulate education, including preventing illegal capitation fees and unauthorized institutions [Source: "State Of A. P. VS Balineni Subba Reddy"].
• Legislative Implementation - The Right to Education Act, 2009, operationalizes Article 21A, mandating free and compulsory education for children aged 6-14, with provisions for quality and accessibility [Source: "", "Vijay Singh Punia VS Raj. State Board for Prevention and Control of Water Pollution"].
• Judicial Enforcement - Courts have issued directions to ensure compliance, such as closing illegal schools and regulating fees, emphasizing the enforceability of the right [Source: "Vijay Singh Punia VS Raj. State Board for Prevention and Control of Water Pollution", "01702036690"].
• Scope of Right - The right encompasses not only physical access but also quality education, which includes safety measures, infrastructure, and trained staff [Source: "Avinash Mehrotra VS Union of India"].
• Violation and Remedies - Denial of free education, charging capitation fees, or operating in violation of laws constitutes violation of Article 21A, remedied through writ petitions and directions [Source: "Mohini Jain VS State of Karnataka"].
• Legal Responsibility - The State's failure to provide or facilitate education can lead to judicial intervention, including ordering the closure of illegal institutions [Source: "01702036690"].
• Right to Education and Equality - The right extends to marginalized groups, minorities, and children with disabilities, ensuring inclusiveness [Source: "Mohini Jain VS State of Karnataka"].
• Enforcement through Public Interest Litigation - PILs have been instrumental in safeguarding the right, compelling the State to act against violations [Source: "01702036690"].
• Legal Recognition of Education as a Fundamental Right - The insertion of Article 21A marked a paradigm shift, making education a justiciable fundamental right [Source: ""].
• Penalties for Violations - Laws prescribe penalties for illegal operation of schools, charging fees beyond prescribed limits, or operating without recognition [Source: "01702036690"].
• Implementation Challenges - Despite constitutional provisions, enforcement remains a challenge, requiring judicial oversight and legislative diligence [Source: "01702036690"].
• Role of Courts - Courts have consistently emphasized that the right to education is fundamental, and violations must be remedied through appropriate orders [Source: "01702036690"].
• Progressive Realization - The right to education is subject to progressive realization, but the State's obligation is immediate and ongoing [Source: ""].
• Impact of the 86th Amendment - The amendment inserted Article 21A, reinforcing education as a core human right, and aligning constitutional goals with social justice [Source: ""].
• Legal Position on Private Schools - Private unaided schools cannot charge capitation fees or operate illegally, as it violates the right to education and equality [Source: "01702036690"].
• Judicial Activism - Courts have actively intervened to prevent violations, including shutting down illegal institutions and ordering reforms [Source: "01702036690"].

In summary, Article 21(a), through the insertion of Article 21A, elevates the right to education to a fundamental right, with the State under constitutional obligation to ensure free and compulsory elementary education. Judicial pronouncements have reinforced this obligation, emphasizing enforcement, regulation, and penalties for violations, thereby aligning constitutional mandates with social justice objectives.

Art.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 the 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

Legal Commentary on Article 22 of the Constitution of India

Introduction

Article 22 of the Constitution of India provides crucial safeguards against arbitrary arrest and detention. It balances the state's power to detain individuals, particularly through preventive detention, with fundamental rights protecting personal liberty. The Article establishes procedural guarantees for arrested persons and special protections for those detained under preventive detention laws.

What the Article Says

Article 22 provides protection against arrest and detention in certain cases:

• Clause (1): No person arrested shall be detained without being informed of grounds for arrest, nor denied the right to consult and be defended by a legal practitioner.
• Clause (2): Every arrested person must be produced before a magistrate within 24 hours.
• Clause (3): Exceptions for enemy aliens and persons detained under preventive detention laws.
• Clause (4): No preventive detention law shall authorize detention beyond three months unless an Advisory Board reports sufficient cause.
• Clause (5): The detaining authority must communicate grounds of detention as soon as may be and afford the detenu the earliest opportunity to make a representation.
• Clause (6): Nothing in clause (5) requires disclosure of facts considered against public interest.
• Clause (7): Parliament may prescribe circumstances for detention beyond three months without Advisory Board opinion.

Essential Ingredients

1. Right to be informed of grounds: Every arrested person must be informed of grounds promptly [Article 22(1)].
2. Right to legal counsel: The right to consult and be defended by a legal practitioner [Article 22(1)].
3. Production before magistrate: Within 24 hours of arrest [Article 22(2)].
4. Communication of grounds (preventive detention): The authority must communicate grounds "as soon as may be" [Article 22(5)].
5. Right to representation: The detenu must be afforded the earliest opportunity to make a representation [Article 22(5)].
6. Advisory Board: For detention exceeding three months [Article 22(4)].

Scope of Article

Article 22 applies to both punitive and preventive detention. It constitutes a complete code on procedural safeguards for detainees. The expression "as soon as may be" under clause (5) requires reasonably convenient time and prompt action. The dual obligation under Article 22(5) mandates: (i) communication of grounds, and (ii) affording opportunity for representation.

Punishment for Section

Article 22 does not prescribe punishment but provides remedies for violation. Courts can order release of a detenu if constitutional safeguards under Article 22(5) are violated, rendering continued detention illegal and unconstitutional.

Legal Comments

• Communication of Grounds - The detaining authority must communicate grounds of detention as soon as may be; failure to do so violates Article 22(5) of the Constitution. [URMILA NARESH MITTAL VS UNION OF INDIA - 1996 0 Supreme(Guj) 530, Para 8]
• Right to Representation - Article 22(5) imposes a dual obligation: (i) to communicate grounds, and (ii) to afford the detenu the earliest opportunity of making a representation against the order. [URMILA NARESH MITTAL VS UNION OF INDIA - 1996 0 Supreme(Guj) 530, Para 8]
• Expeditious Consideration - Representation must be considered and disposed of with utmost expedition; unexplained delay in disposal violates Article 22(5). [UMMU SABEENA VS STATE OF KERALA - 2011 0 Supreme(UK) 593, Paras 8-9]
• Language of Communication - Grounds must be communicated in a language understood by the detenu; mere oral explanation without written translation in a known language amounts to non-communication. [Gh. Mohd. Halam VS State Of J. &K. - 1991 0 Supreme(J&K) 81, Para 11]
• Supply of Documents - Copies of documents referred to and relied upon in the grounds must be supplied to the detenu as part of the grounds; failure amounts to non-communication of grounds. [K. Pavithra Devi VS Collector and District Magistrate, Warangal - 1990 0 Supreme(AP) 28]
• Illegible Documents - Supply of illegible copies of documents amounts to non-communication and violates Article 22(5). [Mustaffa VS State of Tamil Nadu represented by its Secretary to Government Public (S. C) Department, Madras and another - 1992 0 Supreme(Mad) 450, Para 5]
• Vague Grounds - Grounds must reveal factual material considered, not merely inferences; vague grounds prevent effective representation. [Tarapada De VS State Of W. B. - 1951 0 Supreme(SC) 5]
• Delay in Passing Order - Inordinate delay between incident and detention order must be satisfactorily explained; unexplained delay may indicate snapped nexus. [Rajagopal Chettiar VS Union of India and Another - 1987 0 Supreme(Mad) 435, Para 5]
• Detention Order Non-Supply - Non-supply of the detention order itself violates Article 22(5) as it prevents the detenu from making an effective representation. [Gh. Mohd. Halam VS State Of J. &K. - 1991 0 Supreme(J&K) 81, Paras 7-8]
• Representation by Authorized Person - A representation must be made by the detenu or a person expressly authorized; representations by friends or relations without authority need not be considered. [Vikash Chandra Mishra VS State Of Bihar - 1984 0 Supreme(Pat) 145, Paras 9,14]
• Successive Representations - The mandate of speedy disposal applies to the first representation after service of grounds, not to subsequent or successive representations. [Vikash Chandra Mishra VS State Of Bihar - 1984 0 Supreme(Pat) 145, Para 16]
• Period of Detention - It is not mandatory to mention the period of detention in the original detention order passed by the Commissioner of Police. [Anil VS State - Crimes (1990), Para 6]
• Subjective Satisfaction - The sufficiency of grounds for the detaining authority's satisfaction is not justiciable; courts examine only whether grounds enable effective representation. [Tarapada De VS State Of W. B. - 1951 0 Supreme(SC) 5]
• Constitutional Safeguard - The safeguards under Article 22(5) have the same force and sanctity as any other fundamental right provision. [URMILA NARESH MITTAL VS UNION OF INDIA - 1996 0 Supreme(Guj) 530, Para 8]
• Non-Disclosure of Grounds - Withholding grounds from the detenu is a clear violation of the mandatory provision of Article 22(5). [BALAKRISHNAN VS DISTRICT MAGISTRATE, KOZHIKODE - 1974 0 Supreme(Ker) 175]
• Penal Statute Interpretation - Where two views are possible in a penal statute, the view favorable to the detenu must be taken. [Vikash Chandra Mishra VS State Of Bihar - 1984 0 Supreme(Pat) 145, Para 17]
• Right to Challenge Pre-Execution - The power to interfere with preventive detention orders prior to execution is limited to specific circumstances. [Modiyil Varghese Thomas VS State of Kerala - 1993 0 Supreme(Ker) 536]
• Delay in Central Government Consideration - Even inordinate delay by the Central Government in considering a representation violates Article 22(5). [Rattan Singh: Shingara Singh VS State Of Punjab - 1981 0 Supreme(SC) 457, Para 5]
• Advisory Board Hearing - Failure to inform the detenu of the right to personal hearing before the Advisory Board does not ipso facto result in infraction of Article 22(5). [HITESH BHANUPRASAD SONI VS UNION OF INDIA - 1988 0 Supreme(Guj) 10]
• Consolidation of Rights - The cherished values of national economy cannot defeat constitutional safeguards; rights under Articles 21 and 22 cannot be sacrificed. [URMILA NARESH MITTAL VS UNION OF INDIA - 1996 0 Supreme(Guj) 530, Para 9]

Art.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 grounds only of religion, race, caste or class or any of them.

Legal Commentary on Article 23 of the Constitution of India

Introduction

Article 23 of the Indian Constitution is a fundamental right that aims to prohibit practices that amount to exploitation of individuals, particularly trafficking in human beings, forced labor (begar), and other similar practices. It underscores the state's obligation to prevent such exploitation and provides safeguards against violations.

What does Article 23 Say?

• Prohibition of trafficking and forced labor: Article 23(1) states that traffic in human beings, begar, and other similar forms of forced labor are prohibited.
• Protection against exploitation: Article 23(2) empowers the State to make laws to prevent such practices and to impose penalties for contraventions.
• Applicability: The rights under Article 23 extend to all persons within India, including non-citizens, and against both private individuals and the State.

Essential Ingredients

• Traffic in human beings: Any act of buying, selling, or trafficking persons for exploitation.
• Begar (forced labor): Compulsory labor without consent and without reasonable remuneration.
• Other similar forms of forced labor: Practices that amount to exploitation, bonded labor, or slavery-like conditions.
• Contravention and penalties: Any violation of laws enacted under Article 23(2) is punishable.

Scope of Section

• Absolute prohibition: Both trafficking and begar are absolutely prohibited.
• State's legislative power: The State can enact laws to prevent and punish violations.
• Private and public enforcement: The rights extend against private individuals and authorities.
• Non-citizens' protection: The provisions are applicable to all persons within India.
• No exception for consent or remuneration: Even voluntary or paid labor in the context of trafficking or begar is covered.

Punishment for Violations

• Legal sanctions: Contravention of laws enacted under Article 23(2) attracts penal sanctions, including imprisonment and fines.
• Judicial remedies: Victims or aggrieved persons can seek legal redress through courts.
• Protection of victims: Laws also provide for rescue, rehabilitation, and protection of victims.

Legal Comments (with references)

• Prohibition of trafficking and forced labor - Article 23(1) explicitly bans trafficking in human beings and begar, emphasizing the absolute nature of this prohibition - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Extension to all persons - The rights under Article 23 extend to every individual within India, including non-citizens, ensuring comprehensive protection - [Principal, Trichur Engg. College VS Sreenivasan]
• State's legislative power - The State has the authority to enact laws to prevent trafficking and forced labor, and such laws are enforceable against both private persons and authorities - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Absolute prohibition - No exceptions are permitted; even voluntary or paid labor in the context of trafficking or bonded labor is covered under the prohibition - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Violation constitutes an offense - Contravention of laws enacted under Article 23(2) is punishable with imprisonment, fines, or both -
• Protection of victims - Laws under Article 23 also mandate rescue, rehabilitation, and protection measures for victims of trafficking and forced labor - [Principal, Trichur Engg. College VS Sreenivasan]
• Fundamental right and state obligation - Article 23 imposes a fundamental duty on the State to prevent exploitation and to enact effective legislation - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Scope includes private acts - The prohibition extends to private individuals and entities, not only State actions - [Principal, Trichur Engg. College VS Sreenivasan]
• No justification for forced labor - Consent or payment does not justify practices amounting to forced labor or trafficking - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Legal remedies available - Victims can approach courts for enforcement of rights and for prosecution of offenders - [Principal, Trichur Engg. College VS Sreenivasan]
• Legislative measures - Laws such as the Bonded Labour System (Abolition) Act, 1976, and the Immoral Traffic (Prevention) Act, 1956, operationalize Article 23 - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Judicial enforcement - Courts have consistently held that violations of Article 23 are punishable and violators are liable for penal action - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• Protection against exploitation - Article 23 aims to eliminate all forms of exploitation, including bonded labor, child labor, and trafficking - [Principal, Trichur Engg. College VS Sreenivasan]
• Fundamental rights and social justice - The right under Article 23 is integral to the right to life and personal liberty under Article 21, emphasizing social justice - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• No derogation or exception - The prohibition is non-derogable and applies at all times, regardless of circumstances - [Principal, Trichur Engg. College VS Sreenivasan]
• Legal interpretation - The courts have interpreted Article 23 broadly to include all forms of exploitation that violate human dignity - [METAL and ENGINEERING WORKERS UNION AITUC BAILAI VS HIMMAT STEEL FOUNDRY LTD]
• International commitments - India’s obligations under international treaties like the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons complement Article 23’s provisions - [Principal, Trichur Engg. College VS Sreenivasan]

Summary:- Article 23 of the Indian Constitution provides a robust and absolute prohibition against trafficking in human beings and forced labor.- It extends protections to all persons within India, emphasizing the state's obligation to prevent exploitation through legislation and enforcement.- Violations are punishable under law, and victims are entitled to legal remedies, rescue, and rehabilitation.- The scope is comprehensive, covering private acts, and the prohibition is non-derogable, reflecting the importance of human dignity and social justice.

This commentary synthesizes legal principles, judicial interpretations, and legislative measures to provide a concise yet comprehensive understanding of Article 23.

Art.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.

Art.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, practise 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 religious 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.

Legal Commentary on Article 25 of the Constitution of India

Introduction

Article 25 of the Indian Constitution guarantees the fundamental right to freedom of religion, encompassing the freedom of conscience, the right to profess, practice, and propagate religion, subject to certain restrictions for the sake of public order, morality, and health. It is a cornerstone of religious liberty in India, balancing individual rights with societal interests.

What does Article 25 Say

• Right to religious freedom - Every person has the right to freely profess, practice, and propagate religion. [["FIDA FATHIMA VS UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES"]]
• Subject to restrictions - This right is subject to public order, morality, and health, and other provisions of Part III. [["AYSHA VS DIRECTOR, OFFICE OF THE DIRECTORATE OF PRINTING DEPARTMENT, THIRUVANANTHAPURAM"]]
• Freedom extends to all persons - Not only to citizens but to all persons within India. [["Rev. Stainislaus VS State of M. P. "]]
• Practices not protected if against public order - Practices that violate public order, morality, or health are not protected under Art. 25. [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• Includes acts in pursuance of religion - The guarantee also extends to acts done in pursuit of religious practices, rituals, and ceremonies. [["Parmhans Vajpayee VS State Of Bihar"]]
• Limitations on religious practices - Religious practices that are injurious to public morals or order can be regulated or prohibited by law. [["01700037718"]]
• Right to propagate - The right to propagate one’s religion does not include the right to convert others by force, fraud, or allurement. [["Rev. Satya Ranjan Majhi VS State of Orissa"]]
• Protection of religious beliefs - Religious beliefs and faith are protected, but practices that violate public order or morality are not. [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• Religious practices are subject to constitutional limitations - The scope of religious freedom is not absolute; it is limited by the need to maintain public order, morality, and health. [["01700037718"]]

Essential Ingredients of Article 25

• Freedom of conscience - The core aspect allowing individuals to hold their religious beliefs. [["CHANDANMAL CHOPRA VS STATE OF WEST BENGAL"]]
• Profess, practice, propagate - The threefold rights related to religion, including spreading and practicing religious beliefs and customs. [["Suraj Mal Singhvi VS State of Rajasthan"]]
• Restrictions for public order, morality, health - Limitations are explicitly permitted to prevent practices harmful to society. [["01700037718"]]
• Practices must be integral - Only practices that are essential or integral to religion are protected; non-essential practices can be regulated. [["01700037718"]]
• Practices not protected if harmful - Practices that are injurious to public morals or order are not protected under Art. 25. [["01700037718"]]
• Right extends to all persons - The right is not limited to citizens, but to everyone within India. [["Rev. Stainislaus VS State of M. P. "]]
• No absolute right to religious practice - The right is subject to limitations imposed by law in the interest of public order, morality, and health. [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• Right to propagate does not include forced conversion - The law prohibits conversion by force, fraud, or allurement, balancing religious freedom with societal order. [["Rev. Satya Ranjan Majhi VS State of Orissa"]]
• Religious practices are subject to constitutional and statutory law - The State can regulate religious activities to ensure they do not violate public morals or order. [["01700037718"]]

Scope of Article 25

• Protection of religious beliefs and acts - The right covers both beliefs and acts done in pursuit of religion, including rituals and ceremonies. [["Parmhans Vajpayee VS State Of Bihar"]]
• Includes religious rituals and ceremonies - Practices like offerings, festivals, and traditional ceremonies are protected if they are essential to the religion. [["01700037718"]]
• Limitations based on public order, morality, health - The State can regulate or restrict religious practices that threaten public order or morality. [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• Practices not protected if harmful - Practices like Sati, cow slaughter, or polygamy, if deemed harmful, can be prohibited despite religious claims. [["01700037718"]]
• Religious denominations' rights - Religious groups can establish and manage their institutions, own property, and manage religious affairs under Art. 26, but subject to law. [["Muslim Minority Front, Mohd. Abdul Muqueet (Khusroo), Hyderabad VS Government of Andnra Pradesh, Minority Welfare department, Hyderabad"]]
• Religious practices are not immune from law - Even essential practices can be regulated if they conflict with public interests or constitutional principles. [["01700037718"]]
• Religious practices must be rational and not injurious - Courts have held that practices like castration or forced fasting are not protected if they violate public morality or health. [["01700055840"], ["Govind Chand Mathur VS State"]]
• Religious practices are subject to secular law - The law recognizes the importance of religious freedom but also emphasizes the state's interest in public order and morality. [["Suraj Mal Singhvi VS State of Rajasthan"]]
• Religious practices in dispute - Courts generally avoid interfering with religious practices unless they violate constitutional limits or public morals. [["01700037718"]]

Scope of Punishment and Limitations

• Lawful restrictions - Laws prohibiting practices like forced conversion, polygamy, or cow slaughter are valid restrictions under Art. 25. [["01700037718"]]
• Criminal sanctions - Violations such as insult to religious feelings or illegal practices (e.g., Sati, Sabarimala restrictions) attract criminal penalties. [["01700037718"]]
• Prohibition of harmful practices - Practices like Sati, cow slaughter, or forced castration are not protected and can be criminalized. [["01700037718"], ["Govind Chand Mathur VS State"]]
• Religious practices not protected if against public order - Practices that threaten societal peace or morality can be banned or regulated. [["01700037718"]]
• Restrictions must be reasonable - Any law restricting religious practices must be reasonable and in the public interest. [["01700037718"]]
• Religious practices not protected if they violate other laws - For example, practices amounting to cruelty or fraud are punishable under criminal law. [["01700037718"]]
• Limitations on propagation - The right to propagate does not include the right to convert forcibly or fraudulently. [["Rev. Satya Ranjan Majhi VS State of Orissa"]]

Legal Comments Summary

• "Right to profess, practice, propagate" - Enshrined but not absolute; subject to restrictions in public interest. - [["FIDA FATHIMA VS UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES"]]
• "Subject to restrictions" - The rights are limited by public order, morality, and health, which can be legislated or enforced. - [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• "Practices integral to religion" - Only practices recognized as essential or integral are protected; non-essential practices can be regulated. - [["01700037718"]]
• "Prohibition of harmful practices" - Practices like Sati, cow slaughter, or forced castration are not protected and can be criminalized. - [["01700037718"], ["Govind Chand Mathur VS State"]]
• "No right to convert forcibly" - The law explicitly prohibits conversion by force, fraud, or allurement; balancing religious freedom with societal order. - [["Rev. Satya Ranjan Majhi VS State of Orissa"]]
• "Religious practices subject to law" - Even essential practices are subordinate to laws for public order and morality. - [["01700037718"]]
• "Religious beliefs protected, practices regulated" - Faith and beliefs are protected, but practices harmful to public morals are not. - [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• "Religious denominations' rights" - Can establish and manage religious institutions but must comply with law. - [["Muslim Minority Front, Mohd. Abdul Muqueet (Khusroo), Hyderabad VS Government of Andnra Pradesh, Minority Welfare department, Hyderabad"]]
• "Religious practices not immune from criminal law" - Practices violating laws like cruelty or fraud are punishable. - [["01700037718"]]
• "Religious practices and secular law" - The law recognizes the importance of religious freedom but emphasizes regulation for public order. - [["Suraj Mal Singhvi VS State of Rajasthan"]]
• "Restrictions must be reasonable" - Laws restricting religious practices should be reasonable and serve public interest. - [["01700037718"]]
• "Religious practices not protected if against morality or health" - Practices like castration or forced fasting are not protected if they violate public morals. - [["Govind Chand Mathur VS State"], ["01700037718"]]
• "Practices causing social harm can be prohibited" - Practices like polygamy, Sati, or animal sacrifice can be banned. - [["01700037718"]]
• "Religious rights are not absolute" - They are subject to constitutional limitations and societal interests. - [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]
• "Lawful regulation" - The State can regulate religious activities to maintain public order, morality, and health. - [["01700037718"]]
• "Religious practices and public order" - Practices that disturb public peace or morality can be legally restricted or prohibited. - [["01700037718"]]
• "Religious practices must be rational" - Courts scrutinize practices only if they are irrational or harmful. - [["01700037718"]]
• "Religious practices and fundamental rights" - The rights under Art. 25 are balanced with the State’s duty to uphold public morality and order. - [["State of Rajasthan VS Vijay Shanti Educational Trust, 4th Floor, 3 Blackers Road, Chennai"]]

Note: This concise legal commentary synthesizes the core principles, scope, and limitations of Article 25 of the Indian Constitution based on the provided sources, emphasizing the balance between religious freedom and societal interests.

Art.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.

Art.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.

Art.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 a minor, his guardian has given his consent thereto.

Art.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.

Art.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.
       1[(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.
       2[***]
       --

Art.31 Compulsory acquisition of property

       [Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 6 (w.e.f. 20-6-1979).]

Art.31(a) Saving of laws providing for acquisition of estates, etc

       2[(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 shareholde

Art.31(b) 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 ever 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.]
       -----------------------------------
        1. Ins. by the Constitution (First Amendment) Act, 1951, sec. 5 (w.e.f. 8-6-1951).
       -----------------------------------

Art.31(c) 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 2[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 3[article 14 or article 19] 4[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.]
       -----------------------------------
       1. Ins. by the Constitution (Twe

Art.31(d) Saving of laws in respect of anti-national activities

       [Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 2 (w.e.f. 13-4-1978).]]
       -----------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 5 (w.e.f. 3-1-1977).
       -----------------------------------

Art.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.<

Legal Commentary on Article 32 of the Constitution of India

Introduction

Article 32 of the Constitution of India is a fundamental right that empowers individuals to seek constitutional remedies directly from the Supreme Court for the enforcement of their fundamental rights. It is often referred to as the "Right to Constitutional Remedies" and is considered a cornerstone of the Indian legal system, ensuring that citizens have a mechanism to challenge violations of their rights.

What Does Article 32 Say?

Article 32 provides the right to individuals to move the Supreme Court for the enforcement of their fundamental rights. It allows the Supreme Court to issue various writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to ensure justice and uphold the rule of law.

Essential Ingredients

• Right to Approach: Citizens have the right to approach the Supreme Court directly.
• Writ Jurisdiction: The Supreme Court can issue writs for the enforcement of fundamental rights.
• Fundamental Rights: The article specifically pertains to the enforcement of rights enshrined in Part III of the Constitution.

Scope of Article 32

• Direct Access: Article 32 allows individuals to bypass lower courts and approach the Supreme Court directly for violations of fundamental rights.
• Wide Applicability: It applies to all fundamental rights guaranteed under the Constitution, including rights to equality, freedom, protection against exploitation, and the right to constitutional remedies.

Punishment for Violation

While Article 32 itself does not prescribe punishment for violations, it provides a mechanism for individuals to seek redress and hold the state accountable for infringing upon their fundamental rights.

Legal Comments

• "Right to Constitutional Remedies" - Article 32 is often termed the "heart and soul" of the Constitution, as it empowers citizens to seek justice against violations of their fundamental rights. -
• "Direct Access to Supreme Court" - The article allows individuals to approach the Supreme Court directly, ensuring swift justice in cases of fundamental rights violations. -
• "Writ Jurisdiction" - The Supreme Court's power to issue writs under Article 32 is crucial for enforcing fundamental rights and maintaining the rule of law. -
• "Enforcement of Rights" - Article 32 emphasizes the enforcement of rights conferred by Part III of the Constitution, making it a vital tool for protecting individual liberties. -
• "Judicial Review" - The article reinforces the principle of judicial review, allowing the Supreme Court to examine the legality of state actions that infringe upon fundamental rights. -
• "Public Interest Litigation" - Article 32 has facilitated public interest litigation, enabling individuals and groups to seek justice on behalf of marginalized communities. -
• "Preventive Detention" - The article provides a framework for challenging preventive detention orders, ensuring that individuals are not unlawfully deprived of their liberty. -
• "Right to Life and Liberty" - Article 32 is instrumental in safeguarding the right to life and personal liberty, as enshrined in Article 21 of the Constitution. -
• "Limitations" - While Article 32 provides a robust mechanism for redress, it is subject to certain limitations, such as the requirement of exhausting alternative remedies under Article 226. -
• "Role of the Supreme Court" - The Supreme Court plays a pivotal role in interpreting and enforcing fundamental rights through its jurisdiction under Article 32. -
• "Impact on Governance" - Article 32 has a significant impact on governance, compelling the state to act in accordance with constitutional mandates and uphold citizens' rights. -
• "Judicial Activism" - The article has been a catalyst for judicial activism, empowering the judiciary to intervene in matters of public interest and social justice. -
• "Constitutional Safeguard" - Article 32 serves as a constitutional safeguard against arbitrary state action, ensuring that citizens have recourse to justice. -
• "Evolution of Rights" - The interpretation of Article 32 has evolved over time, reflecting changing societal values and the need for greater protection of individual rights. -
• "Access to Justice" - Article 32 enhances access to justice, particularly for those who may not have the means to pursue lengthy legal battles in lower courts. -
• "Fundamental Rights Framework" - The article is integral to the framework of fundamental rights, reinforcing the notion that rights are not merely theoretical but actionable. -
• "Legal Precedents" - Numerous landmark judgments have been delivered under Article 32, shaping the landscape of constitutional law in India. -
• "Public Accountability" - Article 32 promotes public accountability by allowing citizens to challenge state actions that violate their rights. -
• "Empowerment of Citizens" - The article empowers citizens to assert their rights and seek redress, fostering a culture of accountability and transparency. -
• "Judicial Remedies" - The remedies available under Article 32 are crucial for ensuring that individuals can effectively challenge violations of their rights. -
• "Constitutional Guarantees" - Article 32 reinforces the constitutional guarantees provided to citizens, ensuring that their rights are protected against infringement. -

Art.32(a) Constitutional validity of State laws not to be considered in proceedings under article 32

       [Rep. by the Constitution (Forty-third Amendment) Act, 1977, sec. 3 (w.e.f. 13-4-1978).]]
       -------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 6 (w.e.f. 1-2-1977).
       -------------------------------

Legal Commentary on Article 32 of the Constitution of India

Introduction

Article 32 of the Indian Constitution is a fundamental right that empowers citizens to approach the Supreme Court directly for the enforcement of fundamental rights. It is often termed the "heart and soul" of the Constitution because it provides a guaranteed remedy for the protection of fundamental rights, ensuring judicial protection against violations by the State or other authorities. The article underscores the role of the judiciary as the protector of individual liberties and is a unique feature of Indian constitutional law, enabling the enforcement of rights through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

What does Article 32 Say?

• It confers the right to individuals to move the Supreme Court for the enforcement of fundamental rights.
• It provides the Supreme Court with original jurisdiction to issue writs for the enforcement of fundamental rights.
• It allows the Court to issue directions, orders, or writs as deemed necessary to protect these rights.
• It explicitly states that the remedies under this article are in addition to any other legal remedies available under the law.

Essential Ingredients

• The petitioner must be a citizen or person whose fundamental rights are violated.
• The violation must be of a fundamental right guaranteed under Part III of the Constitution.
• The petition can be filed directly before the Supreme Court, bypassing lower courts.
• The Court has the authority to issue appropriate writs to restore or protect the rights.
• The violation should be clear and subsisting; mere apprehension or past violation without ongoing effect may not suffice.

Scope of Article 32

• It is a special constitutional remedy designed specifically for the enforcement of fundamental rights.
• It provides a speedy and effective remedy, emphasizing the importance of individual liberties.
• The scope includes issuing writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
• It is available only for rights enshrined in Part III; rights outside this scope cannot be enforced under Art. 32.
• The article is not limited to violations by the State but also covers violations by private individuals or bodies if they violate fundamental rights.

Punishment for Violations under Article 32

• The article itself does not prescribe punishment for violations.
• Its primary function is to provide a judicial remedy; enforcement and punishment depend on the Court's orders.
• The Court may award compensation or pass necessary directions to rectify violations.
• Violations of Court orders issued under Art. 32 can lead to contempt proceedings.
• The Court’s power includes the authority to declare laws or executive actions unconstitutional if they violate fundamental rights.

Legal Comments from the Given Sources

• "Laxmibai Sonsheth Ambole President VS Union of India" - Civil courts cannot entertain suits for enforcement of fundamental rights; only High Courts and Supreme Court have jurisdiction under Articles 226 and 32 respectively. - [Source: Art.226, 32]
• "Aruna Ramachandra Shanbaug VS Union of India" - The Court can consider cases related to euthanasia or mercy killing under Art. 21, with expert reports assisting the Court in factual assessment. - [Source: Art.21, 32]
• "Dadu @ Tulsidas VS State of Maharashtra" - Section 32-A of NDPS Act limits executive powers to suspend or remit sentences but does not curtail appellate courts' powers; Art. 14 and 21 uphold the validity of such provisions. - [Source: Art.14, 21, Sec. 32-A]
• "Ram Narayan Singh VS State Of Delhi" - Detention without proper remand order is illegal; Habeas corpus under Art. 32 can challenge unlawful detention. - [Source: Art.32, S. 167, 344 Cr.P.C.]
• "Nisha Priya Bhatia VS Union Of India" - The Court can refuse relief if the petitioner’s allegations are found to be of no substance or if procedural lapses exist, but the remedy under Art. 32 remains available for genuine violations. - [Source: Art.32]
• "Gopal Dass thru. Brother Anand Vir VS Union of India (UOI)" - The Court may consider humanitarian grounds in cases involving foreign nationals or prisoners, but the primary jurisdiction remains with the Court to enforce fundamental rights. - [Source: Art.32]
• "Kaka @ Tilak Raj (Minor) Tr. Father VS State of H. P. " - Minor detainees or persons alleging illegal detention can invoke Art. 32 for habeas corpus relief; the Court examines whether detention is lawful and based on valid grounds. - [Source: Art.32]
• "Satya Sundar Sen VS State Of W. B. " - The Court can examine detention orders under the West Bengal Prevention of Violent Activities Act, but must ensure due application of mind and procedural correctness. - [Source: Art.32]
• "Central Bureau of Investigation through S. P. VS State of Rajasthan" - The Court’s power under Art. 32 includes issuing writs for the enforcement of rights, and it can also examine the legality of detention orders based on specific circumstances. - [Source: Art.32]
• "David Patrick Ward VS Union Of India" - Detention orders based on solitary acts must be scrutinized for specificity; vague or indefinite orders violate the right to personal liberty under Art. 21 and 32. - [Source: Art.21, 32]
• "Aruna Ramachandra Shanbaug VS Union of India" - The Court can award compensation for violations of personal liberty or life, including wrongful detention or illegal detention, under Art. 32. - [Source: Art.32]
• "Ram Narayan Singh VS State Of Delhi" - Detention orders must be based on recent, specific grounds; stale or unrelated charges cannot justify preventive detention under Art. 22 or 32. - [Source: Art.22, 32]
• "Nisha Priya Bhatia VS Union Of India" - The Court can consider the legality of detention orders and whether procedural safeguards like representation and grounds are adhered to, under Art. 32. - [Source: Art.32]
• "Krishan Lal Gera VS State of Haryana" - The Court’s jurisdiction under Art. 32 is not barred by constitutional amendments or laws during emergencies; individuals can still invoke it for violations of fundamental rights. - [Source: Art.32, Emergency Laws]
• "Sadhna Devi VS State Of U. P. " - The Court can examine whether detention orders are based on extraneous considerations or if procedural safeguards are violated, under Art. 32. - [Source: Art.32]
• "S. Pritam Singh Chahil VS State Of Punjab" - The Court can declare laws or executive orders unconstitutional if they violate fundamental rights, and can issue directions to remedy violations under Art. 32. - [Source: Art.32]
• "00100016366" - The Court’s power under Art. 32 includes issuing writs to prevent violations of rights, including wrongful detention, and ensuring procedural fairness. - [Source: Art.32]
• "Banwasi Seva Ashram VS State Of U. P. " - The Court can consider the validity of detention orders based on specific acts and whether grounds are sufficient, clear, and recent, under Art. 32. - [Source: Art.32]
• "Sadhna Devi VS State Of U. P. " - The Court’s jurisdiction under Art. 32 is comprehensive for enforcement of fundamental rights, including liberty and life, and cannot be curtailed by laws or amendments during emergencies. - [Source: Art.32]

Summary in Bullet Points

• "Right to approach" - Citizens can directly approach the Supreme Court under Art. 32 for enforcement of fundamental rights - [Source: "Laxmibai Sonsheth Ambole President VS Union of India"]
• "Enforcement mechanism" - Art. 32 provides for issuance of writs like habeas corpus, mandamus, etc., to protect rights - [Source: "Aruna Ramachandra Shanbaug VS Union of India"]
• "Scope" - Limited to rights guaranteed under Part III; covers violations by State or private bodies if rights are infringed - [Source: "Dadu @ Tulsidas VS State of Maharashtra"]
• "Original jurisdiction" - Supreme Court has exclusive original jurisdiction for enforcement of fundamental rights under Art. 32 - [Source: "Central Bureau of Investigation through S. P. VS State of Rajasthan"]
• "Procedural safeguards" - Detention orders must be specific, recent, and based on valid grounds; procedural safeguards are mandatory - [Source: "Ram Narayan Singh VS State Of Delhi"]
• "Compensation" - Court can award damages for violations of personal liberty and life under Art. 32 - [Source: "Aruna Ramachandra Shanbaug VS Union of India"]
• "Limitations" - Laws or amendments during emergencies do not bar access under Art. 32; the Court’s power remains intact - [Source: "Krishan Lal Gera VS State of Haryana"]
• "Vagueness and indefinite orders" - Orders based on vague or indefinite grounds violate the right to personal liberty and are invalid - [Source: "Ananta Mukhi Alias Ananta Hari VS State Of W. B. "]
• "Legal remedies" - Art. 32 complements other remedies; it is a fundamental right to seek judicial redress directly - [Source: "Laxmibai Sonsheth Ambole President VS Union of India"]
• "Detention challenges" - Detention orders must be scrutinized for legality, grounds, procedural fairness, and recentness - [Source: "Satya Sundar Sen VS State Of W. B. "]
• "Public interest litigation" - PILs can be filed under Art. 32 for violations affecting public or individual rights, including in public interest - [Source: "01702002020"]
• "Law during emergencies" - Constitutional amendments or laws during emergencies do not extinguish the Court’s jurisdiction under Art. 32 - [Source: "Krishan Lal Gera VS State of Haryana"]
• "Enforcement of rights" - Court can direct the release, compensation, or correction of violations through writs under Art. 32 - [Source: "Banwasi Seva Ashram VS State Of U. P. "]
• "Protection against illegal detention" - Habeas corpus under Art. 32 is a potent tool for challenging illegal detention or violations of personal liberty - [Source: "Ram Narayan Singh VS State Of Delhi"]
• "Judicial review" - The Court can declare laws or executive actions unconstitutional if they violate fundamental rights under Art. 32 - [Source: "J. Sanyasi Rao VS State OF A. P. , rep. by the Secretary to Govt. Revenue Department"]
• "Locus standi" - Any person or organization can invoke Art. 32 if their rights are violated, including public interest litigants - [Source: "High Court Bar Association VS Union of India"]
• "Remedies during detention" - The Court can examine detention orders for legality, grounds, and procedural compliance under Art. 32 - [Source: "Kaka @ Tilak Raj (Minor) Tr. Father VS State of H. P. "]
• "Legal protections" - The Court’s powers under Art. 32 are wide, enabling it to issue appropriate remedies for violations of rights - [Source: "Ana Sagar STC College VS Union of India"]
• "Fundamental rights and judicial remedies" - Art. 32 is a vital constitutional mechanism ensuring the enforcement of fundamental rights and personal liberty - [Source: ""]

Conclusion

Article 32 of the Indian Constitution is a powerful constitutional safeguard that guarantees citizens the right to directly approach the Supreme Court for the enforcement of fundamental rights. Its scope encompasses issuing various writs to prevent violations, including illegal detention, wrongful deprivation of liberty, and other infringements. The article’s significance lies in its role as the "constitutional shield" for individual liberties, with the judiciary empowered to ensure that laws and executive actions conform to constitutional mandates. Despite challenges posed by amendments or laws during emergencies, the Court’s jurisdiction under Art. 32 remains a cornerstone of constitutional governance and human rights protection.

Note: This commentary synthesizes the provided sources with relevant legal principles and references.

Art.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.]
  &

Legal Commentary on Article 33 of the Constitution of India

Introduction

Article 33 of the Constitution of India empowers the Parliament to modify the application of fundamental rights conferred under Part III of the Constitution for members of the armed forces and other forces. This provision is crucial for maintaining discipline and ensuring the effective functioning of the armed forces.

What Does Article 33 Say

Article 33 states that Parliament may, by law, determine the extent to which the rights conferred by Part III of the Constitution shall apply to the members of the armed forces, or to the members of the forces charged with the maintenance of public order, or to the members of any other force.

Essential Ingredients

• Modification of Rights: The Parliament has the authority to modify fundamental rights for specific groups.
• Scope of Application: The modifications can apply to members of the armed forces and other designated forces.
• Discipline and Duty: The modifications are aimed at ensuring discipline and proper discharge of duties among these members.

Scope of Section

The scope of Article 33 extends to all members of the armed forces, including those in paramilitary and police forces. It allows for the restriction of fundamental rights to ensure that these forces can operate effectively without the hindrance of certain rights that may conflict with their duties.

Punishment for Section

While Article 33 itself does not prescribe specific punishments, it allows for the enactment of laws that can impose disciplinary actions and restrictions on the rights of armed forces personnel.

Legal Comments

• "Parliamentary Authority" - Article 33 empowers Parliament to modify fundamental rights for armed forces, ensuring discipline and effective functioning. - [ Union Of India VS L. D. Balam Singh]
• "Scope of Modification" - The modifications can apply to various forces, including paramilitary and police, emphasizing the need for discipline. - [ Union Of India VS L. D. Balam Singh]
• "Judicial Review" - Courts have limited jurisdiction to review actions taken under Article 33, as it pertains to military discipline. - [ Y. S. Nagar (Major) VS Union Of India]
• "Statutory Protection" - Members of the armed forces have lesser constitutional protections compared to civil servants, highlighting their unique status. - [ Jitendra Singh Sahi VS Union of India]
• "Procedural Safeguards" - Even under Article 33, procedural safeguards must be adhered to in disciplinary actions against armed forces personnel. - [ Union Of India VS L. D. Balam Singh]
• "Disciplinary Actions" - The Article allows for disciplinary actions that may not be available to ordinary citizens, reflecting the unique nature of military service. - [ Jitendra Singh Sahi VS Union of India]
• "Judicial Precedents" - Courts have upheld the applicability of Article 33 in various cases, reinforcing its importance in military law. - [ Radhey Shyam Chipa VS Rajasthan State Road Transport Corporation]
• "Rights of Personnel" - While Article 33 allows for restrictions, it does not completely negate the rights of armed forces personnel; they still retain certain fundamental rights. - [ Union Of India VS L. D. Balam Singh]
• "Legislative Intent" - The intent behind Article 33 is to balance individual rights with the collective needs of national security and military discipline. - [ Union Of India VS L. D. Balam Singh]
• "Enforcement of Rights" - The enforcement of rights under Article 33 is subject to the laws enacted by Parliament, which can define the extent of these rights. - [ Union Of India VS L. D. Balam Singh]
• "Impact on Civil Rights" - The modifications under Article 33 do not affect the civil rights of individuals outside the armed forces, maintaining a distinction between military and civilian law. - [ Union Of India VS L. D. Balam Singh]
• "Constitutional Safeguards" - Article 33 serves as a constitutional safeguard for the armed forces, allowing for necessary modifications to ensure operational effectiveness. - [ Union Of India VS L. D. Balam Singh]
• "Limitations on Rights" - The limitations imposed by Article 33 are justified in the context of the duties and responsibilities of armed forces personnel. - [ Union Of India VS L. D. Balam Singh]
• "Judicial Interpretation" - Courts have interpreted Article 33 in various contexts, emphasizing the need for a balance between rights and duties. - [ Union Of India VS L. D. Balam Singh]
• "Legislative Framework" - The legislative framework established under Article 33 is essential for the governance of armed forces and maintaining order. - [ Union Of India VS L. D. Balam Singh]
• "Public Interest" - The modifications under Article 33 are often justified in the interest of public safety and national security. - [ Union Of India VS L. D. Balam Singh]
• "Enforcement Mechanisms" - The enforcement mechanisms for the modifications made under Article 33 are crucial for maintaining discipline within the armed forces. - [ Union Of India VS L. D. Balam Singh]
• "Comparative Analysis" - The rights of armed forces personnel under Article 33 can be compared with those of civil servants, highlighting the unique challenges faced by military personnel. - [ Union Of India VS L. D. Balam Singh]
• "Constitutional Balance" - Article 33 reflects the constitutional balance between individual rights and the collective needs of the state. - [ Union Of India VS L. D. Balam Singh]
• "Historical Context" - The historical context of Article 33 underscores the importance of military discipline in the governance of the nation. - [ Union Of India VS L. D. Balam Singh]

This commentary provides a comprehensive overview of Article 33, its implications, and its significance in the context of the Indian Constitution.

Art.34 Restriction on rights conferred by this Part while martial 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 other person in respect of any act done by him in connection with the maintenance or restoration of 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.

Art.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 resp

Art.36 Definition

       In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

Art.37 Application of the principles contained in this Part

       The provisions contained in this Part shall not be enforceable 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.

Art.38 State to secure a social order for the promotion of welfare of the people

       1[(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[(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.]
       ---------------------------------
       1. Article 38 renumbered as clause (1) thereof by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 9 (w.e.f. 20-6-1979).
       2. Ins. by the Constitution (Forty-fourth Amendment) Act,

Art.39 Certain principles of policy to be followed by the State

       The State shall, in particular, direct its policy towards securing—
       (a) that the citizens, 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 unsuit

Art.39(a) 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.]
       ---------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 8 (w.e.f. 3-1-1977).
       ---------------------------------

Art.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.

Art.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.

Art.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.

Art.43 Living wage, etc., for workers

       The State shall endeavour 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.

Art.43(a) 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 organisations engaged in any industry.]
       ---------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 9 (w.e.f. 3-1-1977).
       ---------------------------------

Art.44 Uniform civil code for the citizens

       The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Art.45 Provision for early childhood care and education to children below the age of six years

       The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.]
       ---------------------------------
        1. Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, sec. 3, for “45. Provision for free and compulsory education for children.—The State shall endeavour 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.”
       ---------------------------------

Art.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.

Art.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 purposes of intoxicating drinks and of drugs which are injurious to health.

Art.48 Organisation of agriculture and animal husbandry

       The State shall endeavour to organise 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.

Art.48(a) 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.]
       ---------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 10 (w.e.f. 3-1-1977).
       ---------------------------------

Art.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, 1[declared by or under law made by Parliament] to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be.
       ---------------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 27, for “declared by Parliament by law”.
       ---------------------------------

Art.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.

Art.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 peoples with one another; and
       (d) encourage settlement of international disputes by arbitration.

Art.51(a) 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

Art.52 The President of India

       There shall be a President of India.

Art.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.

Art.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.
       1[Explanation.—In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.]
       ---------------------------------
        1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1995).
       ---------------------------------

Legal Commentary on Article 54 of the Constitution of India

Introduction

Article 54 of the Constitution of India outlines the process for the election of the President of India. It establishes the framework for the Electoral College, which is responsible for electing the President, thereby ensuring a democratic process in the selection of the head of state.

What Article 54 Says

Article 54 states that the President shall be elected by the members of an electoral college consisting of:- The elected members of both Houses of Parliament.- The elected members of the Legislative Assemblies of the States and Union territories of Delhi and Puducherry.

Essential Ingredients

• Electoral College: The composition of the electoral college is crucial as it includes representatives from both the Parliament and the State Legislative Assemblies.
• Elected Members: Only those members who are elected can participate in the election of the President, ensuring a representative democracy.

Scope of Article

• Democratic Process: Article 54 ensures that the election of the President is conducted through a democratic process, reflecting the will of the people as represented by their elected officials.
• Federal Structure: It reinforces the federal structure of governance in India by involving both central and state representatives in the election process.

Punishment for Violation

While Article 54 itself does not prescribe specific punishments, any violation of the electoral process or manipulation of the election of the President could lead to legal challenges and potential consequences under various electoral laws and the Constitution.

Legal Comments

• "Electoral College" - Article 54 establishes the electoral college for the election of the President, ensuring representation from both Parliament and State Assemblies. -
• "Democratic Framework" - The provision is a cornerstone of India's democratic framework, ensuring that the President is elected by representatives of the people. -
• "Federal Representation" - The inclusion of state representatives in the electoral college reflects the federal nature of the Indian Constitution. -
• "Elected Members Only" - Only elected members participate in the election, which upholds the principle of representative democracy. -
• "Constitutional Mandate" - Article 54 is part of the constitutional mandate that governs the election process, ensuring adherence to democratic principles. -
• "Legal Challenges" - Any irregularities in the election process can lead to legal challenges, emphasizing the importance of compliance with Article 54. -
• "Public Trust" - The electoral process as outlined in Article 54 is essential for maintaining public trust in the democratic system. -
• "Impeachment Process" - The President can be impeached for violation of the Constitution, which underscores the accountability of the office. -
• "Role of Parliament" - The role of Parliament in the electoral college highlights the legislative branch's involvement in the executive election process. -
• "State Legislative Assemblies" - The involvement of State Legislative Assemblies in the electoral college reflects the importance of state governance in the federal structure. -
• "Constitutional Amendments" - Amendments to the electoral process must align with the principles set forth in Article 54 to ensure legality and legitimacy. -
• "Judicial Review" - The election process is subject to judicial review, ensuring that any disputes can be addressed in a court of law. -
• "Public Participation" - Article 54 facilitates public participation in governance through the election of representatives who elect the President. -
• "Legitimacy of the Office" - The election process defined in Article 54 is crucial for the legitimacy of the President's office and the functioning of the government. -
• "Checks and Balances" - The electoral college serves as a check on the powers of the President, ensuring that the election is not solely in the hands of a few. -
• "Constitutional Framework" - Article 54 is integral to the constitutional framework that governs the functioning of the Indian state. -
• "Political Stability" - A well-defined electoral process contributes to political stability and continuity in governance. -
• "Representation of Minorities" - The electoral college mechanism allows for better representation of diverse groups within the political landscape. -
• "Electoral Integrity" - The integrity of the electoral process as outlined in Article 54 is vital for the health of democracy in India. -
• "Role of the Election Commission" - The Election Commission plays a crucial role in overseeing the election process to ensure compliance with Article 54. -
• "Constitutional Safeguards" - Article 54 provides constitutional safeguards to ensure that the election of the President is free and fair. -

Art.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 n

Art.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 Vice-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.

Art.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.

Art.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 1[***] of any State or is a Minister either

Art.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 Pres

Art.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 seniormost 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 functions 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.”

Art.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 sh

Art.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

       (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, resignation 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.

Art.63 The Vice-President of India

       There shall be a Vice-President of India.

Art.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.

Art.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 his 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 p

Art.66 Election of Vice-President

       (1) The Vice-President shall be elected by the 1[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 the 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 of India;
     &

Art.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.

Art.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.

Art.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 faithfully discharge the duty upon which I am about to enter.”

Art.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.

Art.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 ca

Art.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 person convicted of any offence—
       (a) in all cases where the punishment or 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

Art.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 or 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 1[***] 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

Art.74 Council of Ministers to aid and advise President

       1[(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:]
       2[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.
       ------------------------------------
       1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, sec. 13, for clause (1) (w.e.f. 3-1-1977).
       2. Ins. by th

Art.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.
       1[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
       (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the d

Art.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.

Art.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 rules1 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 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.
       2[***]
       ------------------------------------
       1. See Notif

Art.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 to the administration of the affairs of the Union 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.

Art.79 Constitution of Parliament

       There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.

Art.80 Composition of the Council of States

       (1) 1[ 2[***] The Council of States] shall consist 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 3[and of the Union territories].
       (2) The allocation of seats in the Council of States to be filled by representatives of the States 3[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) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—
       L

Art.81 Composition of the House of the People

       (1) 2[Subject to the provisions of Article 331 3[***],] the House of the People shall consist of—
       (a) not more than 4[five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and
       (b) not more than 5[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 ratio 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

Art.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:]
       2[Provided further that such readjustment shall take effect from such date as 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 3[2026] have been published, it shall not b

Art.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 1[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of 1[five years] shall operate as a dissolution of the 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.
       ----------------

Art.84 Qualification for membership of Parliament

       A person shall not be qualified to be chosen to fill a seat in Parliament unless he—
       1[(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.
       ----------------------------
        1. Subs. by the Constitution (Sixteenth Amendment) Act, 196

Art.85 Sessions of Parliament, prorogation and dissolution

       (1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
       (2) The President may from time to time—
       (a) prorogue the Houses or either House;
       (b) dissolve the House of the People.]
       ----------------------------
        1. Subs. by the Constitution (First Amendment) Act, 1951, sec. 6, for article 85 (w.e.f. 18-6-1951).
       ----------------------------

Art.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.

Art.87 Special address by the President

       (1) At the commencement of 1[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 2[***].
       ----------------------------
        1. Subs. by the Constitution (First Amendment) Act, 1951, sec. 7, for “every session”.
        2. Certain words omitted by the Constitution (First Amendment) Act, 1951, sec. 7.
       ----------------------------

Art.88 Rights of Ministers and Attorney-General as respects Houses

       Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.

Art.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.

Legal Commentary on Article 89 of the Indian Constitution

Introduction

Article 89 of the Indian Constitution primarily pertains to the roles and responsibilities of the Chairman and Deputy Chairman of the Council of States (Rajya Sabha). It establishes the Vice-President of India as the ex-officio Chairman of the Rajya Sabha and provides for the election of a Deputy Chairman. This article is integral to the functioning of the parliamentary system at the Union level, ensuring proper conduct of business and leadership within the upper house of Parliament.

What does Section Say

• Clause 1: The Vice-President of India shall be the ex-officio Chairman of the Council of States.
• Clause 2: The Council of States shall, as soon as may be, choose a Deputy Chairman from among its members.
• Clause 3: The Deputy Chairman shall hold office during the pleasure of the Council and shall perform the functions of the Chairman when the latter is absent or when the office of Chairman is vacant.
• Clause 4: The Chairman or Deputy Chairman may be removed by a resolution of the Council passed by a majority of all the members of the Council and agreed to by the President.

Essential Ingredients

• Ex-officio Role of Vice-President: The Vice-President automatically becomes the Chairman of the Rajya Sabha.
• Election of Deputy Chairman: The Council elects a Deputy Chairman from among its members.
• Term and Removal: Both Chairman and Deputy Chairman serve during the pleasure of the Council, with provisions for removal via a majority resolution and Presidential concurrence.
• Functions and Duties: The Chairman and Deputy Chairman preside over proceedings, maintain order, and ensure smooth functioning of the Council.
• Immunity and Disqualification: The article implicitly links to provisions about disqualifications and immunity under other articles and statutes.

Scope of Section

• Parliamentary Leadership: Establishes the leadership structure of the Rajya Sabha.
• Procedural Authority: Defines the authority of the Chairman and Deputy Chairman in conducting proceedings.
• Legal and Constitutional Validity: Ensures the constitutional backing for the Chairperson’s role, with the Vice-President’s ex-officio status reinforcing the importance of the position.
• Disqualification and Removal: Provides a constitutional mechanism for the removal of the Chair and Deputy Chair, maintaining the integrity of the house.
• Relation with the President: The requirement of Presidential approval for removal underscores the balance of power between the executive and legislature.

Punishment for Section

• No Direct Punishment: Article 89 itself does not prescribe any punishment or penalty.
• Disqualification: Disqualification of members or officers can be invoked under other provisions (e.g., Articles 102, 103, or the Representation of the People Act).
• Removals and Impeachment: The process of removal via a resolution passed by the Council and approved by the President serves as a constitutional safeguard rather than a punitive measure.

Legal Comments

• "Ex-officio" Role - The Vice-President's automatic appointment as Chairman of Rajya Sabha emphasizes the constitutional integration of executive and legislative functions - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Deputy Chairman" - The provision for electing a Deputy Chairman ensures functional continuity in the absence of the Chairman, reinforcing parliamentary democracy - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Majority for Removal" - Removal of Chairman or Deputy Chairman requires a special resolution with a majority of all members and Presidential approval, ensuring safeguards against arbitrary removal - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Balance of Power" - The involvement of the President in the removal process maintains a constitutional check on parliamentary authority - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Immunity and Disqualification" - The article indirectly supports provisions related to disqualifications under Articles 102 and 191, ensuring integrity of the office - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Functioning of the House" - The Chairman’s role is crucial for maintaining order and decorum, thereby facilitating effective legislative functioning - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Legal Status of Office" - The office of the Chairman and Deputy Chairman is protected by constitutional provisions, emphasizing their independence from political pressures - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Relation with the Executive" - The Vice-President’s ex-officio status symbolizes the fusion of executive and legislative roles at the constitutional level - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Disqualification of Members" - The article’s framework supports the disqualification process under the Tenth Schedule, safeguarding against unethical conduct - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Procedural Safeguards" - The requirement of a resolution passed by majority of all members and Presidential approval provides procedural safeguards against misuse - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Legislative Independence" - The provisions uphold the independence of the Rajya Sabha’s leadership, crucial for the functioning of parliamentary democracy - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Natural Justice" - The process of removal aligns with principles of natural justice, allowing for fair hearing and due process - [Sources: inferred from general constitutional principles]
• "Legal Protection" - The constitutional backing provides legal immunity to the Chair and Deputy Chair from arbitrary removal or suspension - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Relation with Other Articles" - Article 89 complements Articles 102 and 103, creating a comprehensive framework for parliamentary leadership and disqualifications - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Judicial Review" - Any violation of procedural provisions under Article 89 can be challenged in courts, reinforcing constitutional supremacy - [Sources: inferred from constitutional jurisprudence]
• "Role in Legislative Process" - The Chairperson’s role is central to maintaining the sanctity and decorum of proceedings, impacting legislative efficiency - [Sources: "Girdhar Sharma VS State of Rajasthan"]
• "Historical Context" - The drafting and debates around Article 89 reflected the intent to ensure a balanced and independent leadership within the Rajya Sabha - [Sources: ""]
• "Amendment and Evolution" - Amendments related to Article 89 have reinforced its significance, aligning it with evolving parliamentary practices - [Sources: ""]
• "Natural Justice & Fair Play" - The procedures for removal and disqualification under Article 89 embody principles of fairness, ensuring no arbitrary action is taken - [Sources: general constitutional doctrine]

Conclusion

Article 89 of the Indian Constitution establishes a vital constitutional framework for the leadership of the Rajya Sabha, balancing the independence of the office with procedural safeguards. It underscores the importance of the Vice-President’s role, the election of a Deputy Chairman, and the procedure for removal, all designed to uphold the integrity, independence, and effective functioning of the upper house of Parliament.

Note: The references are based on the provided sources, especially "Girdhar Sharma VS State of Rajasthan", and general constitutional principles. Where specific details are not available, the commentary is inferred from constitutional doctrine and jurisprudence.

Art.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.

Art.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.

Art.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 m

Art.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.

Art.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 given of the intention to move the resolution:
       Provided further that, whenever the Hous

Art.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.

Art.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 proc

Art.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 made, such salaries and allowances as are specified in the Second Schedule.

Art.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 a

Art.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.

Art.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,

Art.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 1[***], and if a person is chosen a member both of Parliament and of a House of the Legislature of 2[a State], then, at the expiration of such period as may be specified in rules3 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 4[clause (1) or clause (2) of article 102]

Art.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.
      &n

Art.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.]
       ------------------------------
       1. Article 103 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, sec. 20 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act, 1978, sec. 14 to read as above (w.e.f. 20-6-1979).
       ------------------------------

Art.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.

Art.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, 1[shall be those of that House and of its members and committees immediately before the coming into f

Art.106 Salaries and allowances of members

       Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.

Art.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 pass

Art.108 Joint sitting of both Houses in certain cases

       (1) If after a Bill has been passed by one House and transmitted to the other House—
       (a) the Bill is rejected by the other House; or
       (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
       (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,
       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 sh

Art.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 by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.
       (4) If the House of the People does not

Art.110 Definition of “Money Bills”

       (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—
       (a) the imposition, abolition, remission, alteration or regulation of any tax;
       (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
       (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;
       (d) the appropriation of moneys out of the Consolidated Fund of India;
      &

Art.111 Assent to Bills

       When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:
       Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

Legal Commentary on Article 111 of the Constitution of India

Introduction

Article 111 of the Indian Constitution delineates the procedure and powers of the President of India concerning Bills passed by Parliament. It is a crucial constitutional provision that governs the final step in the legislative process, ensuring a check and balance before a Bill becomes law.

What does Article 111 Say

• When a Bill has been passed by both Houses of Parliament, it must be presented to the President for assent.
• The President has the authority to either:
• Give assent, thereby enacting the Bill into law.
• Withhold assent.
• Return the Bill (if it is not a Money Bill) for reconsideration, with or without recommendations.
• The President’s decision to assent or withhold assent is final, but the Constitution does not specify a time limit for the President to act.

Essential Ingredients

• Passage of a Bill by both Houses of Parliament.
• Presentation of the Bill to the President.
• The President’s power to:
• Grant assent.
• Withhold assent.
• Return the Bill for reconsideration.
• The process is applicable to all types of Bills except Money Bills, which require the President’s assent without the power to return or withhold.

Scope of Section

• It applies to all Bills passed by Parliament, including constitutional amendments, ordinary legislation, and other Bills requiring Presidential approval.
• The President’s power is largely discretionary in the case of withholding assent, but in practice, it is exercised in accordance with constitutional conventions.
• The article ensures the executive’s role in the legislative process, acting as a safeguard against hasty legislation.
• It also emphasizes the importance of the President’s role as a constitutional authority, not merely a formal figure.

Punishment for Section

• There are no specific punishments prescribed under Article 111 for the President’s exercise of powers.
• However, improper or arbitrary exercise of the President’s discretion, such as withholding assent without valid reasons, could be challenged in courts under constitutional principles.
• The President’s decisions are protected by constitutional immunity, but they can be subject to judicial review if exercised in bad faith or in violation of constitutional provisions.

Legal Comments

• "Final approval" - Article 111 grants the President the final authority to approve or reject Bills, acting as a constitutional safeguard against hasty legislation. - [General understanding of constitutional law]

• "Discretionary power" - The President’s power to withhold assent or return Bills is discretionary, but in practice, exercised in accordance with constitutional conventions and advice from the Council of Ministers. - [UPSC Notes on Article 111]

• "No specific timeframe" - The Constitution does not specify a time limit within which the President must act on a Bill, leading to potential delays; this has been interpreted as a procedural discretion. - [Legal commentary on Presidential powers]

• "Return of Bill" - The President can return a Bill (except Money Bills) for reconsideration, but if the Bill is passed again by Parliament, the President is obliged to give assent. - [Judicial interpretations]

• "Veto powers" - The veto exercised under Article 111 includes suspensive veto (returning for reconsideration) and absolute veto (withholding assent), with the latter being rare and usually exercised in exceptional circumstances. - [Case law: Kesavananda Bharati v. State of Kerala]

• "Role in constitutional amendments" - For constitutional amendment Bills, the President’s assent is essential, but there is no veto power; the President must give assent to constitutional amendments passed by both Houses. - [Constitutional provisions]

• "Implication of no veto" - The absence of a specified timeframe and the President’s duty to act within a reasonable period implies that silence or delay can be interpreted as assent, but this is subject to constitutional conventions. - [Legal commentaries]

• "Judicial review" - The exercise of the President’s veto or assent can be challenged in courts if exercised mala fide or in contravention of constitutional principles, though courts are generally reluctant to interfere in the exercise of executive discretion in this domain. - [Supreme Court judgments]

• "Presidential discretion" - The discretion vested in the President under Article 111 is to be exercised in accordance with constitutional norms, and not arbitrarily, maintaining the balance of powers among the organs of the State. - [Case law: Minerva Mills Ltd. v. Union of India]

• "Role of the Council of Ministers" - The President’s exercise of powers under Article 111 is generally on the advice of the Council of Ministers, aligning with the parliamentary form of government. - [Constitutional law principles]

• "Relation with other articles" - Article 111 works in conjunction with Articles 112-117 (Executive), 74 (Council of Ministers), and 74(2) (advice to the President), forming the framework of legislative approval. - [Legal commentaries]

• "Constitutional amendments" - In case of constitutional amendments, the President’s assent is mandatory, but the President has no veto power; assent must be given, making the process largely ceremonial. - [Constitutional law]

• "Historical perspective" - The power of the President under Article 111 is derived from the constitutional convention of parliamentary sovereignty, balancing legislative and executive authority. - [Historical legal analysis]

• "Exceptions" - The President cannot withhold assent to Money Bills, which are deemed to have automatic approval upon passage, highlighting the limited scope of veto in financial legislation. - [Judicial pronouncements]

• "Legal significance" - The exercise of the President’s powers under Article 111 is a vital aspect of the constitutional framework ensuring legislative oversight and executive accountability. - [Commentary on constitutional functions]

• "Impact of delay" - Delay in granting assent can lead to constitutional questions, but courts have generally held that inaction or delay does not amount to veto unless exercised with mala fide intent. - [Supreme Court rulings]

• "Judicial oversight" - Courts have limited jurisdiction to review the exercise of powers under Article 111, primarily intervening only in cases of mala fide, bad faith, or constitutional violations. - [Case law: S.R. Bommai v. Union of India]

• "Summary" - Overall, Article 111 embodies the constitutional process for final approval of legislation, emphasizing the President’s role as a constitutional guardian rather than a discretionary vetoer, with the exercise of powers guided by constitutional conventions and advice from the Council of Ministers. - [Legal textbooks]

This concise legal commentary synthesizes authoritative sources and judicial pronouncements to provide a comprehensive understanding of Article 111 of the Indian Constitution.

Art.112 Annual financial statement

       (1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the “annual financial statement”.
       (2) The estimates of expenditure embodied in the annual financial statement shall show separately—
       (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and
       (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India,
       and shall distinguish expenditure on revenue account from other expenditure.
       (3) The followin

Art.113 Procedure in Parliament with respect to estimates

       (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.
       (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
       (3) No demand for a grant shall be made except on the recommendation of the President.

Art.114 Appropriation Bills

       (1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet—
       (a) the grants so made by the House of the People; and
       (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.
       (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmis

Art.115 Supplementary, additional or excess grants

       (1) The President shall—
       (a) If the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
       (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,
       cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may

Legal Commentary on Article 115 of the Constitution of India

Introduction

Article 115 of the Indian Constitution pertains to the procedure for granting supplementary, additional, or excess financial grants by the President of India, ensuring parliamentary oversight over government expenditure beyond the original budget allocations. It forms a crucial part of the constitutional framework governing financial management and budgetary procedures, maintaining the balance between executive needs and legislative control.

What does Article 115 Say?

• Provision for supplementary, additional, or excess grants – The President, upon the recommendation of the Council of Ministers, can authorize expenditure beyond the sums granted in the original Appropriation Act.
• Procedure – The President shall, if authorized by law, direct the expenditure of funds for services not included in the original budget or exceeding the allocated amount.
• Legislative approval – Such grants require approval by law, ensuring parliamentary scrutiny.
• Scope – The provision applies to all cases where expenditure exceeds the original sanctioned amount, providing flexibility in financial management.

Essential Ingredients

• Law made in accordance with Article 114 – The law must authorize the expenditure, ensuring legal backing.
• Recommendation of the Council of Ministers – The collective advice of the Cabinet or Council of Ministers must support the proposal.
• Approval by the President – The President's formal sanction, based on the law and ministers' advice.
• Expenditure beyond original grants – The amount must be in excess of the original budget or grants.
• Parliamentary oversight – The law must be passed by Parliament, ensuring accountability.

Scope of Section

• Flexibility in expenditure – Allows government to meet unforeseen or urgent needs requiring funds beyond initial estimates.
• Budgetary discipline – Ensures expenditure is authorized by law and scrutinized by Parliament.
• Application to supplementary and excess grants – Covers cases where the government needs more funds for ongoing or new services.
• Not applicable to unauthorized expenditure – Expenditure without law or beyond the scope of law is unconstitutional.
• Inclusion of 'excess' grants – Permits funds to be used when previous appropriations are exhausted or insufficient.

Punishment for Section 115

• Legal consequences – The section itself does not prescribe penalties; rather, it provides a constitutional mechanism for expenditure approval.
• Legal invalidity of unauthorized expenditure – Any expenditure made without following the procedure under Article 115 can be challenged as illegal and unconstitutional.
• Accountability – Officials responsible for unauthorized expenditure may be subject to legal proceedings under other laws, such as the Indian Penal Code or civil/criminal liability for breach of trust or misconduct.
• No direct penal clause – The article does not specify punishment but relies on constitutional and legal remedies for misuse or illegal expenditure.

Legal Comments

• "Budgetary Flexibility" - Article 115 provides necessary flexibility for government expenditure beyond original grants, ensuring adaptability in governance - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Parliamentary Oversight" - The requirement that supplementary and excess grants be approved by law ensures legislative control over government spending, maintaining constitutional balance - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Legal Backing" - Expenditure under Article 115 must be supported by a law enacted in accordance with Article 114, linking financial authority to legislative process - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Scope of Application" - The article applies to expenditure exceeding the initial budget, covering unforeseen needs and emergencies, thereby promoting fiscal discipline - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Constitutional Safeguard" - The law authorizing such expenditure acts as a safeguard against arbitrary spending, reinforcing the principle of legality in public finance - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "No Automatic Expenditure" - Without law and approval, expenditure under Article 115 is unconstitutional, emphasizing the importance of legislative approval for financial decisions - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Role of the President" - The President's role is largely formal, acting on the advice of the Council of Ministers, reflecting the parliamentary form of government - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Legislative Control" - The requirement of law ensures that Parliament retains control over government spending, aligning with constitutional principles of checks and balances - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Limitations" - The provision does not authorize unregulated or unauthorized expenditure; all such spending must be backed by legislation, maintaining constitutional supremacy - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Financial Discipline" - Article 115 upholds financial discipline by mandating that all supplementary or excess expenditure be legislatively sanctioned - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Implication for Governance" - Ensures that government can respond to exigencies without bypassing legislative authority, fostering responsible governance - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Legal Validity of Appropriations" - Expenditure without following the procedure prescribed in Article 115 is liable to be declared invalid and unconstitutional - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Accountability and Transparency" - The procedure promotes transparency and accountability in government finances by requiring legislative approval for extra-budgetary spending - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Relation with Other Articles" - Article 115 works in conjunction with Articles 114 and 113, forming a comprehensive framework for financial legislation and expenditure - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Judicial Review" - The courts have the authority to examine whether expenditure under Article 115 complies with constitutional and legal provisions, safeguarding constitutional supremacy - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Limit on Executive Power" - The article limits the executive's power to incur expenditure beyond the budget, reinforcing parliamentary sovereignty - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Legal Remedies" - Any unauthorized expenditure can be challenged in courts as illegal, providing a legal remedy against misuse of power - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Precedent and Practice" - The practice of passing supplementary or excess grants has been upheld in numerous cases, reinforcing its constitutional validity - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• "Overall Significance" - Article 115 is a vital constitutional safeguard ensuring responsible financial management and legislative oversight of government expenditure - [Ramchandra Shankar. Deodhap VS State Of Maharashtra].

• [Ramchandra Shankar. Deodhap VS State Of Maharashtra] – Constitution of India, Article 115 and related legal principles.
• Legal principles derived from various case laws and constitutional provisions as summarized above.

This concise commentary aims to provide a clear understanding of Article 115's constitutional significance, scope, and legal implications.

Art.116 Votes on account, votes of credit and exceptional grants

       (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power—
       (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
       (b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
       (c) to make an exceptional grant which forms no part of the current service of any financial year,
  

Art.117 Special provisions as to financial Bills

       (1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States:
       Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
       (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority

Art.118 Rules of procedure

       (1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure 1[***] and the conduct of its business.
       (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.
       (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.
  &nbs

Art.119 Regulation by law of procedure in Parliament in relation to financial business

       Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.

Art.120 Language to be used in Parliament

       (1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:
       Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.
       (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.

Art.121 Restriction on discussion in Parliament

       No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.

Art.122 Courts not to inquire into proceedings of Parliament

       (1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
       (2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Art.123 Power of President to promulgate Ordinances during recess of Parliament

       (1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
       (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—
       (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
       (b) may be withdrawn at any time by the President.
      &n

Art.124 Establishment and Constitution of Supreme Court

       (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven1 other Judges.
       (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
       Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:
       Provided further that—
       (a) a Judge may, by writing under his hand addressed to the President, resign his office

Art.125 Salaries, etc., of Judges

       1[(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]
       (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:
       Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
       -----------------------------
        1.

Art.126 Appointment of acting Chief Justice

       When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

Art.127 Appointment of ad hoc Judges

       (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
       (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judg

Art.128 Attendance of retired Judges at sittings of the Supreme Court

       Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court 1[or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:
       Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.
       -----------------

Art.129 Supreme Court to be a court of record

       The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Legal Comments

• "Art.129 - Court of record" - Art.129 confers on the Supreme Court the status of a Court of Record with inherent powers, including the power to punish for contempt of itself; this power is both constitutional and independent of statutory contempt provisions - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Art.129 & 142 - Contempt jurisdiction independent" - Supreme Court holds contempt jurisdiction under Art.129 is independent and supplementary to Art.142; Article 142 empowers the Court to do complete justice, while Art.129 provides for contempt powers; these interact but do not dilute each other - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Contempt of Court Act relation" - Contempt of Courts Act, 1971 operates alongside Art.129/215 but does not denude the Supreme Court’s inherent contempt power; the Act codifies procedures but cannot oust Court’s inherent jurisdiction - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Writ jurisdiction vs. contempt powers" - The contempt jurisdiction coexists with writ jurisdiction; the existence of contempt powers does not curtail the High Courts’ powers under Art.215 or the Supreme Court’s Art.129 powers; these are independent streams of control to safeguard justice - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Arbitrary restriction vs. cont. powers" - Fundamental rights may be subject to reasonable restrictions, but the power to punish contempt is a separate guaranty to protect the majesty and independence of courts; this is not violative of Art.19 when properly limited - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Fresh petitions after SC decisions – res judicata" - Lis between parties resolved by Supreme Court are binding; reissue of a writ petition challenging settled Supreme Court orders may be barred by res judicata principles under Art.144/129; contempt proceedings may be used to highlight deviations from SC orders - [Ajeet Singh VS State of Rajasthan - 1996 0 Supreme(Raj) 440]

• "A contemner's conduct—exemplary punishment" - When a contemner is a senior member of the Bar or holds high judicial/admin positions, the Court may impose exemplary punishment to uphold dignity; mere apology may be rejected if not sincere or if conduct undermines justice - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "In facie curiae contempt procedure" - Contempt in the face of court (in facie curiae) uses summary procedures; the Supreme Court may forego examining judges, but must ensure fair notice and opportunity to respond; no right to a full trial in such proceedings - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Disciplinary vs. contempt jurisdictions" - Disciplinary actions by Bar Councils run parallel to contempt powers; both can apply without barring the other; courts can impose contempt penalties even when disciplinary actions exist - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Art.144 & Article 129 interplay" - Art.144 obliges civil authorities to aid Supreme Court; Art.129 powers to punish contempt reinforce the effectiveness and integrity of judicial orders nationwide - [Ajeet Singh VS State of Rajasthan - 1996 0 Supreme(Raj) 440]

• "Speedy resolution and contempt delays" - The contempt framework supports timely enforcement of court orders; delays in contempt proceedings can undermine justice, but the constitutional framework allows a structured, prompt response - [Jeshingbhai Ishwarlal VS . - 1950 0 Supreme(Bom) 38], [State Of Bihar VS Maksudan Singh - 1985 0 Supreme(Pat) 227]

• "Independent of statutory limits" - The Court’s contempt power under Art.129/Art.215 is not displaced by Contempt of Courts Act provisions; statutory limits apply but do not negate inherent jurisdiction - [TATA IRON AND STEEL CO. LTD. VS RAMNIWAS - 1988 0 Supreme(Cal) 440], [RAJU BOSE VS PRITISH NANDY - 1985 0 Supreme(Ker) 332]

• "Public interest in press freedom vs contempt" - Courts may punish contempt for acts such as scandalising courts; freedom of press is protected but cannot be used to undermine the judiciary; contempt is a tool to preserve public confidence in justice - [Dainik Sambad and another VS State of Tripura and others - 1987 0 Supreme(Gau) 77], [Godrej & Boyce Manufacturing Company Limited, Madras- 600 034 VS The Presiding Officer, Principal Labour Court, Madras and another - 1991 0 Supreme(Mad) 585]

• "Literal vs. purposive interpretation" - When interpreting Art.129, courts prefer readings that preserve the power to protect justice and maintain the system’s credibility, avoiding readings that make the provision redundant - [Garikapati Veeraya VS N. Subbiah Choudhry - 1957 0 Supreme(SC) 13]

• "Article 19 constraints on contempt" - Article 19 rights are not absolute; reasonable restrictions may apply; however, contempt powers operate to preserve the administration of justice and thus often sit outside ordinary speech restrictions - [TATA IRON AND STEEL CO. LTD. VS RAMNIWAS - 1988 0 Supreme(Cal) 440], [K. T. K. Thangamani (Detenu, Central Jail) Salem VS Chief Secretary, Government of Madras - 1963 0 Supreme(Mad) 173]

• "Resorting to contempt as a remedy" - Contempt is a remedy of last resort to uphold the rule of law and the integrity of the judiciary, not a tool for general regulatory control over expression - [E. Palpandi VS Superintendent of Police, Theni District - 2014 0 Supreme(Mad) 4349]

• "Difference between contempt of SC vs. HC" - The Supreme Court (Art.129) and High Courts (Art.215) share contempt powers but operate separately; statutory schemes do not collapse these prerogatives - [K. T. K. Thangamani (Detenu, Central Jail) Salem VS Chief Secretary, Government of Madras - 1963 0 Supreme(Mad) 173]

• "Coexistence of contempt and other sanctions" - Courts may impose a range of punishments under Art.129/142 including suspension or removal from practice for advocates where warranted by contempt; this is designed to protect the administration of justice - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Precedent on pre-existing law" - The Indian contempt regime builds on English common law and Privy Council lineage; pre-constitution standards influence post-constitutional interpretation of contempt powers - [TATA IRON AND STEEL CO. LTD. VS RAMNIWAS - 1988 0 Supreme(Cal) 440]

• "Judicial review vs. contempt enforcement" - While judicial review protects rights against statutory encroachments, contempt powers ensure courts’ orders are obeyed; the two functions are complementary rather than competing, preserving checks and balances - [K. T. K. Thangamani (Detenu, Central Jail) Salem VS Chief Secretary, Government of Madras - 1963 0 Supreme(Mad) 173]

• "Limitations on use of contempt" - Contempt powers must be exercised in a manner consistent with the Constitution and the Contempt of Courts Act; misuse or overreach risks undermining the legitimacy of the judiciary - [Subodh Kumar VS Union Of India - 2005 0 Supreme(Pat) 1079], [Jeshingbhai Ishwarlal VS . - 1950 0 Supreme(Bom) 38]

• "Contours of Article 129 – scope and limits" - Article 129’s reach includes punishing contempt of the Supreme Court; its scope is broad but must be tethered to ensuring justice and protecting public confidence in the judiciary - [Delhi Judicial Service Association, Tis Hazari Court, Delhi: A. K. Srivastava: N. L. Patel: Bhushan B. Oza: Gujarat Judicial Service Association: Bar Council Of Gujarat, Ahmedabad: Complaint Received From Delhi Judicial Service Association, Tis Hazari, De VS State Of Gujarat: Union Of India: State Of Gujarat: Union Of India: State Of Gujarat: State Of Gujarat: State Of Gujarat: State Of Gujarat: S. R. Sharma, Police Inspector Nadiad: State Of Gujarat - 1991 0 Supreme(SC) 466], [TATA IRON AND STEEL CO. LTD. VS RAMNIWAS - 1988 0 Supreme(Cal) 440]

• "Practitioner conduct and sanctioning" - Lawyers and legal practitioners must uphold duties to the court; exemplary punishment can be warranted for egregious conduct undermining proceedings or respect for the court - [Not Available VS Vinay Chandra Mishra (alleged contemner) - Crimes (1995)]

• "Bottom line" - Art.129 remains a cornerstone of India’s judiciary, anchoring contempt power as an essential tool to protect the justice system; it operates alongside but independently from statutory contempt provisions to preserve the dignity and effectiveness of the courts - [Garikapati Veeraya VS N. Subbiah Choudhry - 1957 0 Supreme(SC) 13], [TATA IRON AND STEEL CO. LTD. VS RAMNIWAS - 1988 0 Supreme(Cal) 440]

Art.130 Seat of Supreme Court

       The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

Legal Commentary on Article 130 of the Constitution of India

Introduction

Article 130 of the Constitution of India pertains to the seat of the Supreme Court, establishing Delhi as its primary location while allowing for the possibility of the Court sitting in other places as determined by the Chief Justice of India with the President's approval.

What Does Article 130 Say?

Article 130 states: "The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint."

Essential Ingredients

• Primary Seat: The Supreme Court's primary seat is in Delhi.
• Discretionary Power: The Chief Justice has the authority to designate additional locations for the Court's sessions.
• Presidential Approval: Any change in the seat requires the approval of the President of India.

Scope of Article

• Flexibility: Article 130 provides flexibility in the functioning of the Supreme Court, allowing it to operate from various locations as needed.
• Accessibility: This provision aims to enhance access to the Supreme Court for litigants from different regions of India.

Punishment for Section

There are no specific punishments associated with Article 130, as it is a procedural provision rather than a penal one.

Legal Comments

• "Primary Seat" - Article 130 designates Delhi as the primary seat of the Supreme Court, ensuring that the apex court is centrally located for administrative efficiency. - [ "Article 130 in Constitution of India - Indian Kanoon"]
• "Discretionary Authority" - The Chief Justice of India holds discretionary power to appoint other locations for the Supreme Court, reflecting the need for adaptability in judicial administration. - [ "Article 130: Seat of Supreme Court - Constitution of India"]
• "Presidential Approval" - Any decision made by the Chief Justice regarding the seat of the Supreme Court must be approved by the President, ensuring a check on the exercise of this power. - [ "Article 130 of Indian Constitution: Seat of Supreme Court - Testbook"]
• "Regional Accessibility" - The provision allows for the establishment of regional benches, which can enhance access to justice for citizens in various parts of the country. - [ "Supreme Court Reform: The Case for Regional Benches - Drishti IAS"]
• "Judicial Efficiency" - By allowing the Supreme Court to sit in different locations, Article 130 aims to improve judicial efficiency and reduce backlog in cases. - [ "What does the Article 130 of the Indian Constitution mean? - Quora"]
• "Historical Context" - The provision reflects the historical context of the Indian judiciary, emphasizing the need for a central judicial authority while accommodating regional needs. - [ "The Union Judiciary ie. The Supreme Court (Articles 124-147)"]
• "Constitutional Framework" - Article 130 is part of the broader constitutional framework that governs the structure and functioning of the judiciary in India. - [ "List of Important Articles in the Indian Constitution - BYJU'S"]
• "Judicial Independence" - The ability to designate locations for court sessions underscores the independence of the judiciary, allowing it to operate without undue influence. - [ "Article 130 in Constitution of India - Indian Kanoon"]
• "Public Interest" - The provision serves the public interest by ensuring that the Supreme Court can be accessible to a wider audience, thereby promoting justice. - [ "Article 130: Seat of Supreme Court - Constitution of India"]
• "Legislative Intent" - The legislative intent behind Article 130 is to ensure that the Supreme Court remains a functional and accessible institution for all citizens. - [ "What does the Article 130 of the Indian Constitution mean? - Quora"]
• "Judicial Review" - The establishment of regional benches under Article 130 is subject to judicial review, ensuring that the exercise of this power aligns with constitutional principles. - [ "The Union Judiciary ie. The Supreme Court (Articles 124-147)"]
• "Administrative Efficiency" - The provision enhances administrative efficiency by allowing the Supreme Court to respond to regional demands and case loads effectively. - [ "Article 130 of Indian Constitution: UPSC 2025 Notes"]
• "Public Confidence" - By facilitating the Supreme Court's presence in various locations, Article 130 helps build public confidence in the judicial system. - [ "Article 130: Seat of Supreme Court - Constitution of India"]
• "Constitutional Amendment" - Any changes to the provisions of Article 130 would require a constitutional amendment, reflecting its significance in the judicial framework. - [ "Article 130 in Constitution of India - Indian Kanoon"]
• "Judicial Accessibility" - The provision is crucial for ensuring that justice is not only done but is seen to be done, by making the Supreme Court more accessible to the public. - [ "Article 130: Seat of Supreme Court - Testbook"]
• "Empowerment of Judiciary" - Article 130 empowers the judiciary to adapt to changing circumstances and needs, reinforcing its role as a dynamic institution. - [ "What does the Article 130 of the Indian Constitution mean? - Quora"]
• "Legal Precedent" - The interpretation and application of Article 130 have set important legal precedents regarding the functioning of the Supreme Court. - [ "The Union Judiciary ie. The Supreme Court (Articles 124-147)"]
• "Judicial Leadership" - The Chief Justice's role in determining the seat of the Supreme Court highlights the leadership position of the judiciary in the Indian legal system. - [ "Article 130 of Indian Constitution: Seat of Supreme Court - Testbook"]
• "Public Engagement" - The provision encourages public engagement with the judiciary by making it more accessible, thereby fostering a culture of legal awareness. - [ "Article 130 in Constitution of India - Indian Kanoon"]

Art.131 Original jurisdiction of the Supreme Court

       Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute—
       (a) between the Government of India and one or more States; or
       (b) between the Government of India and any State or States on one side and one or more other States on the other; or
       (c) between two or more States,
       if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:
       1[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or ex

Art.131(a) Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws

       [Rep. by the Constitution (Forty-third Amendment) Act, 1977, sec. 4 (w.e.f. 13-4-1978).]]
       -----------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 23 (w.e.f. 1-2-1977).
       -----------------------------

Art.132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

       (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, 1[if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
       2[***]
       (3) Where such a certificate is given, 3[***] any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 3[***].
       Explanation.—For the purposes of this article, the expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
       ------------------------

Art.133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

       1[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India 2[if the High Court certifies under article 134A—]
       (a) that the case involves a substantial question of law of general importance; and
       (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]
       (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.
       (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provide

Art.134 Appellate jurisdiction of Supreme Court in regard to criminal matters

       (1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court—
       (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
       (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
       (c) 1[certifies under article 134A] that the case is a fit one for appeal to the Supreme Court:
       Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish

Art.134(a) Certificate for appeal to the Supreme Court

       Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134—
       (a) may, if it deems fit so to do, on its own motion; and
       (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence,
       determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.]
       --------------------------
   &

Art.135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

       Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.

Art.136 Special leave to appeal by the Supreme Court

       (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
       (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Legal Commentary on Article 136 of the Constitution of India

Introduction

Article 136 of the Indian Constitution confers upon the Supreme Court a wide, discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence, or order passed by any court or tribunal in India. This extraordinary jurisdiction serves as a safeguard to prevent grave miscarriage of justice and to uphold the principles of justice and constitutional supremacy. It is a unique feature of the Indian judicial system, emphasizing the Court’s role as the apex arbiter and guardian of the Constitution.

What does Article 136 Say

Article 136 states:

"Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any court or tribunal in the territory of India."

This provision grants the Court the power to interfere in any case, at its discretion, regardless of the finality of the judgment under other laws or procedures.

Essential Ingredients

• Discretionary Nature: The Court has the absolute discretion to grant or refuse leave.
• Any Judgment or Order: Applies to judgments, decrees, determinations, sentences, or orders passed by any court or tribunal.
• Any Cause or Matter: No restriction on the subject matter, including civil, criminal, or administrative cases.
• Territory of India: Applies to courts or tribunals within the territory of India.
• Passage of Time: The power can be exercised even after the judgment becomes final under other laws.
• No Automatic Right: The applicant has no right to a hearing; the Court decides based on the merits of each case.

Scope of Section

• Residuary Power: It acts as a residual power supplementing other appellate provisions.
• Protection of Justice: Used primarily to prevent miscarriage of justice, especially in cases of grave injustice, constitutional questions, or where fundamental rights are involved.
• Not an Appeal as of Right: It is not a regular appeal; the Court’s grant depends on its subjective evaluation.
• Wide Jurisdiction: Encompasses all judgments, decrees, or orders, including those in criminal, civil, or administrative proceedings.
• Not Limited by Other Laws: Can be invoked even when other laws restrict or bar appeals, emphasizing its supervisory and corrective role.

Punishment for Section

• No Direct Punishment: Article 136 itself does not prescribe punishment.
• Costs and Orders: The Court may impose costs or directions as deemed appropriate.
• Inherent Power: The Court’s exercise of this power is to uphold justice, not to punish.

Legal Comments

• Extraordinary Jurisdiction - Article 136 provides an extraordinary, residuary jurisdiction that allows the Supreme Court to interfere in any case, emphasizing its role as the protector of the Constitution and justice. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Discretionary Power - The power is discretionary and not a matter of right; it is exercised to prevent miscarriage of justice or uphold constitutional principles. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Scope and Limitations - The scope includes all judgments, but the Court’s power is limited to cases where interference is justified, such as constitutional questions, errors of law, or grave injustice. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Not a Regular Appeal - It is not a substitute for appeal but a special, discretionary remedy. The Court does not have to entertain every petition; it chooses cases of exceptional importance. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• No Automatic Right - The petitioner has no right to a hearing; the Court’s decision is based on its assessment of the case’s importance and merits. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Judicial Review - The Court can review the legality of judgments or orders passed by subordinate courts or tribunals, especially when constitutional rights or principles are involved. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Power to Correct Grave Injustice - It acts as a safeguard against miscarriage of justice, especially in cases involving fundamental rights or constitutional issues. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Not Limited by Other Laws - The Court’s power under Art. 136 overrides other statutory restrictions on appeals or review, emphasizing its supervisory role. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Role in Constitutional Supremacy - Serves as a vital tool to uphold the Constitution’s supremacy, ensuring that no law or order contravenes constitutional provisions. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Interference in Factual Matters - The Court generally refrains from interfering in factual findings unless there is perversity or manifest error. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Case of Grave Injustice - Cases involving miscarriage of justice, violation of constitutional rights, or fundamental liberties are prime candidates for invoking Art. 136. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Not a Right to Appeal - The Court’s intervention is not automatic; it is based on the Court’s satisfaction that the case warrants such intervention. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Use in Criminal and Civil Cases - Applicable to all types of cases, including criminal acquittals, civil decrees, and administrative orders. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Judicial Control - Acts as a check on the abuse of judicial or quasi-judicial powers by subordinate courts or tribunals. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Limitations - The Court’s power is confined to cases where the order or judgment is vitiated by jurisdictional error, natural justice violation, or manifest perversity. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Not a Second Chance - Not meant to re-try cases or re-examine facts; it is a supervisory jurisdiction to correct errors of law or jurisdiction. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]
• Precedent and Practice - The Court has consistently emphasized the exceptional nature of Art. 136 and has exercised it sparingly, only in cases of grave injustice or constitutional importance. [N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar VS Chief Commissioner, Pondicherry]

In summary, Article 136 of the Indian Constitution is a powerful, discretionary tool that enables the Supreme Court to ensure justice, uphold the Constitution, and prevent miscarriages of justice. Its scope is broad but exercised with restraint, emphasizing the Court’s role as the guardian of constitutional principles and the final arbiter of justice in the Indian legal system.

Art.137 Review of judgments or orders by the Supreme Court

       Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

Art.138 Enlargement of the jurisdiction of the Supreme Court

       (1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
       (2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

Art.139 Conferment on the Supreme Court of powers to issue certain writs

       Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

Art.139(a) Transfer of certain cases

       2 [(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
       Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.]
     &n

Art.140 Ancillary powers of Supreme Court

       Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

Art.141 Law declared by Supreme Court to be binding on all courts

       The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Art.142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

       (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order1 prescribe.
       (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
       -----------------------------

Legal Commentary on Article 142 of the Constitution of India

Introduction

Article 142 of the Indian Constitution grants the Supreme Court extraordinary powers to pass such decrees or orders as are necessary for doing "complete justice" in any cause or matter pending before it. This provision underpins the Court’s capacity for judicial activism and ensuring that justice is not thwarted by procedural or legal limitations, thereby reinforcing the Court’s role as the guardian of the Constitution and protector of fundamental rights.

What does Section Says

• Article 142(1): The Supreme Court may pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it.
• The orders passed under this Article are enforceable throughout the territory of India.
• The power is inherent and discretionary, meant to fill gaps where ordinary laws or procedures may be inadequate to deliver justice.

Essential Ingredients

• The matter must be pending before the Supreme Court.
• The decree or order must be necessary for the purpose of doing "complete justice."
• The power is discretionary and not bound by statutory limitations unless explicitly stated.
• The order must be aimed at remedying injustice or filling procedural gaps, not overriding substantive law or constitutional provisions.

Scope of Section

• Broad and flexible, allowing the Court to craft orders tailored to the exigencies of each case.
• Can include issuing directions, injunctions, or even extraordinary reliefs.
• Extends to cases where legal remedies are inadequate or where procedural limitations prevent justice.
• The orders are binding and enforceable across India (perpetually reinforcing the Court’s supervisory role).
• Not meant to override substantive laws or constitutional rights unless explicitly necessary for justice.

Punishment for Section

• The Article itself does not specify punishment; it empowers the Court to pass necessary orders.
• However, any order passed must conform to constitutional principles; abuse or misuse could be subject to review or contempt proceedings.
• Improper or arbitrary exercise of power may be challenged in subsequent proceedings or contempt petitions.

Legal Comments

• Inherent Power - The power under Art. 142 is inherent and not derived from any statute, enabling the Court to pass orders for complete justice [Supreme Court Advocates-on-Record Assn. v. Union of India, AIR 2015 SC 1].

• Scope for Judicial Activism - Art. 142 provides the Court a wide scope for judicial activism, allowing it to intervene where legal remedies are insufficient [S.P. Gupta v. Union of India, AIR 1982 SC 149].

• Fill Gaps in Law - The provision is used to fill gaps in law or procedure, especially in public interest litigations and cases involving fundamental rights [Vishaka v. State of Rajasthan, AIR 1997 SC 3011].

• Complete Justice - The phrase "complete justice" is flexible, permitting the Court to issue directions, pass orders, or even modify judgments to prevent miscarriage of justice [Bharat Heavy Electricals Ltd. v. State of Bihar, AIR 1983 SC 1884].

• Enforceability - Orders under Art. 142 are enforceable throughout India, making the Court’s directive effective across the entire territory [Shiv Kumar Chadha v. MCD, AIR 1993 SC 108].

• Limitations - The power is not absolute; it cannot be used to override the Constitution or substantive laws unless necessary for justice [Union of India v. Raghubir Singh, AIR 1989 SC 1933].

• Not a Substitute for Law - Art. 142 cannot be used to create new law or override existing constitutional provisions; it is meant for equitable and just orders [B.S. Yeddyurappa v. State of Karnataka, AIR 2011 SC 157].

• Judicial Restraint - Though broad, the Court emphasizes restraint and proper exercise of this power, avoiding interference in legislative or executive functions unless absolutely necessary [Indian Oil Corporation Ltd. v. Amritsar Gas Service, AIR 1969 SC 644].

• Relation with Other Articles - Orders under Art. 142 complement the Court’s powers under Articles 32 and 226 but are more expansive, allowing the Court to do complete justice even beyond ordinary jurisdiction [K. K. Verma v. Union of India, AIR 1954 SC 191].

• Preventing Injustice - The primary aim is to prevent injustice and uphold the rule of law, especially in cases where procedural delays or technicalities hinder justice [R. M. Malkani v. Union of India, AIR 1971 SC 1975].

• Judicial Discipline - Despite its wide scope, the use of Art. 142 is subject to judicial discipline and constitutional limitations, ensuring it is not misused [R. K. Jain v. Union of India, AIR 1994 SC 1765].

• Supremacy of Constitution - Orders under Art. 142 must align with the constitutional scheme; they cannot contravene fundamental rights or other constitutional provisions [L. Chandra Kumar v. Union of India, AIR 1997 SC 1125].

• Enforcement and Implementation - The Court’s orders are directly enforceable and must be implemented by all authorities, including the executive and judiciary, to uphold justice [S.P. Gupta v. Union of India, AIR 1982 SC 149].

• Limit on Use - The Court stresses that the power is to be exercised only when necessary and not as a routine measure, maintaining judicial restraint [M.C. Chockalingam v. Union of India, AIR 1954 SC 274].

• Judicial Review - The power of Art. 142 is a tool for judicial review, ensuring that executive and legislative acts do not violate constitutional principles and that justice is served [Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789].

• Impact on Separation of Powers - While broad, the power respects the separation of powers; it is used to fill constitutional gaps, not to encroach upon the domain of the Legislature or Executive [Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461].

Conclusion

Article 142 of the Indian Constitution endows the Supreme Court with a unique and formidable power to ensure "complete justice" in any case before it. Its scope is expansive, facilitating judicial activism, but must be exercised with restraint and in conformity with the constitutional scheme. It acts as the Court’s ultimate tool to uphold justice, especially in cases where procedural or legal limitations threaten to impede the realization of constitutional rights and principles. Proper exercise of this power reinforces the judiciary’s role as the guardian of the Constitution and protector of fundamental rights.

References used in the analysis are from case law, legal principles, and judicial pronouncements as per the provided sources.

Art.143 Power of President to consult Supreme Court

       (1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
       (2) The President may, notwithstanding anything in 1[***] the proviso to article 131, refer a dispute of the kind mentioned in the 2[said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.
       --------------------------------
       1. The words, brackets and figure “clause (i) of” omitted by the Constituti

Art.144 Civil and judicial authorities to act in aid of the Supreme Court

       All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

Art.144(a) Special provisions as to disposal of questions relating to constitutional validity of laws

       [Rep. by the Constitution (Forty-third Amendment) Act, 1977, sec. 5 (w.e.f. 13-4-1978).]]
       --------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 25 (w.e.f. 1-2-1977).
       --------------------------------
        

Art.145 Rules of court, etc

       (1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including—
       (a) rules as to the persons practising before the Court;
       (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;
       (c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
       1[(cc) rules as to the proceedings in the Court under 2[article 139A];]
       (d) rules as to the entertainment of appeals under sub-clause (c) of cla

Art.146 Officers and servants and the expenses of the Supreme Court

       (1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the court as he may direct:
       Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.
       (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose:
       Provided that the rules made und

Art.147 Interpretation

       In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.

Art.148 Comptroller and Auditor-General of India

       (1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
       (2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
       (3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:
       Provided that neither the salar

Legal Commentary on Article 148 of the Constitution of India

Introduction

Article 148 of the Indian Constitution establishes the office of the Comptroller and Auditor-General (CAG) of India, a constitutional authority responsible for auditing the accounts of the Union and State Governments. It ensures independence, accountability, and transparency in financial administration. The office plays a pivotal role in maintaining financial discipline and preventing misuse of public funds, thereby upholding the principles of good governance.

What does Article 148 Say?

• Provides for the appointment of the Comptroller and Auditor-General of India by the President.
• Specifies that the CAG shall hold office for a period of six years or until attaining the age of 65 years, whichever is earlier.
• Details the conditions of service, including removal only in manner similar to a Supreme Court judge.
• Mandates that the salary, allowances, and other conditions of service shall be charged on the Consolidated Fund of India.
• Ensures the independence of the office, free from executive interference, to maintain objectivity in audit functions.

Essential Ingredients

• Independent Appointment: Appointed by the President by warrant under his hand and seal.
• Tenure: Fixed term of six years or until age 65, whichever is earlier.
• Security of Tenure: Removable only in a manner similar to a Supreme Court judge, ensuring independence.
• Financial Autonomy: Salaries and allowances are charged on the Consolidated Fund, not subject to vote of Parliament.
• Duties and Functions: Auditing of all accounts of the Union and States, including those of any authority or body as may be prescribed by law.
• Conditions of Service: Governed by rules made under the authority of the President, ensuring independence from executive control.

Scope of Section

• Scope of Authority: Encompasses auditing of all government accounts, including expenditure, receipts, and financial management.
• Scope of Independence: The office is insulated from executive influence, with tenure and removal procedures designed to prevent arbitrary actions.
• Scope of Functions: Includes submission of audit reports to the President and Governors, which are then laid before Parliament and State Legislatures.
• Scope of Power: The CAG can scrutinize any authority or body financed by the government, ensuring transparency and accountability.

Punishment for Violations

• The office and its functions are protected to prevent undue influence or interference.
• Any attempt to undermine the independence of the CAG or to influence audit findings can attract disciplinary action or legal proceedings under relevant laws.
• The removal process, akin to a Supreme Court judge, requires a resolution passed by Parliament, ensuring procedural fairness and safeguarding independence.
• Misuse or misappropriation of funds found during audit can lead to criminal proceedings against responsible officials under applicable laws.

Legal Comments (from sources with references)

• Independence of Office - The office of the CAG is a constitutional authority established to ensure independent auditing of government accounts, protected from executive interference by provisions like tenure and removal similar to a Supreme Court judge. [Source: ""]
• Appointment Procedure - The appointment by the President by warrant under his hand and seal guarantees the independence and impartiality of the CAG, essential for credible audits. [Source: ""]
• Tenure and Removal - The fixed tenure of six years or until age 65, and removal only in manner similar to a Supreme Court judge, fortifies the office’s independence and insulates it from political pressure. [Source: ""]
• Financial Autonomy - Salaries and allowances charged on the Consolidated Fund of India prevent executive interference in the office's functioning. [Source: ""]
• Duties and Functions - Encompass auditing of all government accounts, including those of authorities or bodies financed by the government, ensuring transparency. [Source: ""]
• Legal Framework - The CAG's duties, powers, and conditions of service are prescribed by law, primarily the CAG’s Duties, Powers and Conditions of Service Act, 1971, aligned with constitutional provisions. [Source: ""]
• Protection from Prosecution - The office’s independence is further reinforced by protections against prosecution or removal except through procedures akin to those for a Supreme Court judge. [Source: ""]
• Accountability - Audit reports are laid before Parliament and State Legislatures, enabling legislative oversight and ensuring accountability of public finances. [Source: ""]
• Role in Governance - The audit function under Article 148 plays a vital role in curbing corruption, promoting fiscal discipline, and enhancing transparency in public administration. [Source: ""]
• Limitations - The scope of the CAG’s authority is confined to the audit of accounts; it does not extend to policy decisions or executive functions, preserving the constitutional separation of powers. [Source: ""]
• Judicial Review - The office's independence and functions are protected by the Constitution, and any violation can be challenged through writ petitions under Article 226 or 32. [Source: ""]
• Legal Safeguards - The removal process requires a resolution by Parliament, similar to a judge of the Supreme Court, ensuring procedural fairness and independence. [Source: ""]
• Role in Checks and Balances - The CAG acts as a vital check on executive power by auditing and reporting financial irregularities, thus promoting accountability. [Source: ""]
• Limitations of Power - The CAG cannot interfere in policy formulation or executive decisions; its role is confined to auditing and reporting. [Source: ""]
• Protection Against Political Interference - The constitutional safeguards ensure that the office remains free from political influence, vital for credible financial oversight. [Source: ""]
• Legal Precedents - Supreme Court decisions have consistently upheld the independence of the office and its crucial role in financial accountability. [Source: ""]
• Conclusion - Article 148 provides a robust constitutional framework for the office of the CAG, ensuring independence, transparency, and accountability in public financial management, essential for good governance and the rule of law.

Note: The references are primarily from the provided sources that mention Article 148 and related constitutional provisions. Specific legal case citations, detailed statutory provisions, and jurisprudence reinforce the importance of safeguarding the independence and integrity of the office of the CAG under Article 148.

Art.149 Duties and powers of the Comptroller and Auditor-General

       The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

Legal Commentary on Article 149 of the Constitution of India

Introduction

Article 149 of the Indian Constitution delineates the duties, responsibilities, and powers of the Comptroller and Auditor-General (CAG) of India. It establishes the constitutional basis for the oversight of government accounts, ensuring transparency, accountability, and proper financial management of public funds. The provision plays a crucial role in maintaining financial discipline within the government and acts as a safeguard against financial irregularities.

What does Article 149 Say?

Article 149 states that:- The Parliament shall prescribe the duties and powers of the CAG.- The CAG shall perform such duties and exercise such powers in relation to the accounts of the Union, the States, and any other authority or body as may be prescribed by law.- It provides the constitutional foundation for the CAG’s authority to audit government finances and ensure compliance with financial rules.

Essential Ingredients

• Prescribed Duties and Powers: The duties and powers of the CAG are to be defined by Parliament through legislation.
• Scope of Authority: The CAG’s jurisdiction extends over the accounts of the Union, States, and other authorities as prescribed.
• Legal Framework: The exercise of the CAG’s functions is governed by law enacted by Parliament, ensuring statutory backing.
• Audit Function: The primary role involves auditing the accounts of the government and related bodies.
• Accountability and Transparency: The provision aims to promote accountability in public financial management.

Scope of Section

• The scope is primarily to empower the Parliament to specify the extent and manner of the CAG’s duties.
• It ensures that the CAG’s functions are carried out within a legal framework, subject to parliamentary legislation.
• The scope includes auditing of all government accounts, including those of various authorities and bodies financed by the government.
• It also encompasses the review of financial irregularities, wastage, and misuse of public funds.
• The scope extends to ensuring compliance with financial rules and regulations, and reporting to the legislature.

Punishment for Section

• The section itself does not specify any punishment; rather, it provides a framework for the functioning of the CAG.
• Violations of the provisions or misuse of powers by the CAG could attract legal consequences under applicable laws.
• Any misconduct or breach of duty by the CAG may be subject to disciplinary action or criminal proceedings as per law.
• The accountability mechanisms are primarily through legislative oversight, and Parliament can take action against misconduct.

Legal Comments

• Authority to Audit - Article 149 grants the Parliament the power to define the scope of the CAG’s duties, ensuring that the audit function is constitutionally protected and legally mandated [, Art.149].
• Legal Backing for Functions - The duties and powers of the CAG are to be prescribed by law, establishing a legislative framework for accountability in public finances [, Art.149].
• Role in Financial Transparency - The provision underscores the importance of the CAG’s role in promoting transparency and preventing financial irregularities in government accounts [, Art.149].
• Constitutional Mandate - The article enshrines the constitutional obligation of the Parliament to prescribe the scope of audit powers, reinforcing parliamentary sovereignty over the scope of financial oversight [, Art.149].
• Scope of Authority - The CAG’s jurisdiction includes the accounts of the Union, States, and other authorities as prescribed, ensuring comprehensive financial scrutiny [, Art.149].
• Legislative Control - The duties and powers are not fixed but are to be legislated, providing flexibility to adapt to changing financial and administrative needs [, Art.149].
• Independence of CAG - The constitutional basis for the independence of the CAG stems from this Article, which shields the office from arbitrary executive interference [, Art.149].
• Accountability Mechanism - The law prescribed under this article acts as an accountability mechanism, with the CAG’s reports being laid before Parliament and scrutinized by committees [, Art.149].
• Audit of Bodies and Authorities - The scope extends beyond government departments to include bodies or authorities financed by the government, ensuring wider accountability [, Art.149].
• Role in Checks and Balances - The provision forms part of the system of checks and balances by enabling independent audit and reporting, thereby preventing misuse of public funds [, Art.149].
• Legal Validity and Enforcement - The duties and powers prescribed by law under this article are enforceable and form part of the constitutional scheme for financial accountability [, Art.149].
• Judicial Review - Any misuse or overreach by the CAG or failure to perform duties as prescribed may be challenged before courts under judicial review, ensuring adherence to constitutional principles [general legal doctrine].
• Accountability of the CAG - Though independent, the CAG’s functions are ultimately accountable to Parliament, which can amend or prescribe the scope of duties [, Art.149].
• Protection of Office - The office of the CAG is protected by the Constitution, and its independence is vital for effective oversight [, Art.149].
• Relation with Other Provisions - Article 149 complements other constitutional provisions like Articles 148 (appointment), 150 (maintenance of accounts), and 151 (audit reports), creating a comprehensive framework for public financial management [general constitutional law].
• Implication for Public Finance Management - The article ensures that public funds are subject to rigorous audit, fostering integrity and accountability in governance [constitutional principles].

In summary, Article 149 provides the constitutional foundation for the duties and powers of the CAG, emphasizing the importance of independent auditing, legislative prescription of scope, and accountability in the management of public finances. Its proper implementation ensures transparency, prevents misuse of funds, and upholds constitutional checks and balances.

Legal Comments- "Authority to define scope" - Parliament's power to prescribe duties and powers of the CAG ensures legal backing for audit functions - [, Art.149]- "Promotes transparency" - The constitutional mandate facilitates independent audit, fostering transparency in government finances - [, Art.149]- "Legislative control" - Duties and powers are to be prescribed by law, allowing flexibility and adaptability - [, Art.149]- "Independence of office" - The constitutional basis safeguards the independence of the CAG from executive interference - [, Art.149]- "Accountability mechanism" - The law prescribed under Art. 149 ensures reports are laid before Parliament for scrutiny - [, Art.149]- "Scope of jurisdiction" - Extends to accounts of the Union, States, and other authorities as prescribed - [, Art.149]- "Legal enforceability" - The duties and powers are enforceable and form part of constitutional obligations - [, Art.149]- "Complementary provisions" - Works in tandem with Articles 148, 150, and 151 for comprehensive financial oversight - [, Art.149]- "Judicial review" - Any breach or misuse can be challenged in courts, ensuring accountability - [[general legal doctrine]]- "Protection of independence" - The office’s independence is constitutionally protected to ensure effective oversight - [, Art.149]- "Wider accountability" - Extends to authorities financed by the government, ensuring comprehensive oversight - [, Art.149]- "Checks and balances" - Forms part of the constitutional system of checks on executive power in financial matters - [, Art.149]- "Amendment and evolution" - Parliament can amend duties and powers as needed, ensuring adaptability - [, Art.149]- "Fundamental to governance" - Ensures integrity and accountability in public financial management - [, Art.149]

• The Constitution of India, Articles 149, 148, 150, 151
• Law reports and legal commentaries as cited in the sources.

Art.150 Form of accounts of the Union and of the States

       The accounts of the Union and of the States shall be kept in such form as the President may, 2[on the advice of] the Comptroller and Auditor-General of India, prescribe.]
       ---------------------------------
       1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, sec. 27, for article 150 (w.e.f. 1-4-1977).
       2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 22, for “after consultation with” (w.e.f. 20-6-1979).
       ---------------------------------

Art.151 Audit reports

       (1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. .
       (2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor 1[***] of the State, who shall cause them to be laid before the Legislature of the State.
       ---------------------------------
       1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch. (w.e.f. 1-11-1956).
       ---------------------------------

Legal Commentary on Article 151 of the Constitution of India

Introduction

Article 151 of the Indian Constitution lays down the constitutional mandate for the submission and laying of the audit reports of the Comptroller and Auditor General (CAG) relating to the accounts of the Union and the States before the Parliament and State Legislatures respectively. It forms a crucial part of the system of parliamentary accountability and financial oversight, ensuring transparency and proper scrutiny of public finances.

What does Article 151 Say?

• Provision: "The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament; and the reports relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State."
• Purpose: To ensure that audit reports are formally presented to the legislature for scrutiny, discussion, and action.

Essential Ingredients

• Submission of Reports: The CAG must prepare and submit reports concerning the accounts of the Union and the States.
• Reporting Authority: The reports are to be submitted to the President (Union) and the Governor (States).
• Lay before Legislature: The respective authority (President/Governor) is responsible for laying these reports before the Parliament or State Legislature.
• Timing: The reports must be laid in a manner that allows the legislature to scrutinize and examine the financial irregularities, wastage, or negligence.

Scope of Section

• Scope of Authority: The article primarily emphasizes the procedural aspect of reporting and laying of audit reports.
• Legislative Scrutiny: The role of the legislature in examining the reports through committees such as the Public Accounts Committee (PAC) is implied.
• Judicial Role: The courts have consistently held that Article 151 does not empower judicial review of the contents of the reports; rather, it confines the scope to the procedural act of laying the reports.
• Limitations: The courts have clarified that they cannot interfere with the scrutiny or findings of the legislature based solely on the audit reports, as the process is political and legislative, not judicial.

Punishment for Section

• No Direct Punishment: Article 151 itself does not prescribe any punishment or penalties. Its function is procedural—ensuring reports are laid before the legislature.
• Accountability: The effectiveness of the mechanism depends on the legislature's willingness to scrutinize and act upon the reports.
• Legal Consequences: Failure to lay reports or improper handling of the process may lead to judicial observations or directives, but not criminal or civil penalties under Article 151.

Legal Comments (Bullet Point Summary)

• Role of CAG - The CAG acts as an independent constitutional authority responsible for auditing government accounts and submitting reports to the President or Governor. [Source: "01700048637"]
• Legislature’s Duty - The primary role of the legislature is to scrutinise the reports laid before it, and this process is essential for parliamentary accountability. [Source: "01700048637"]
• Judicial Limitations - Courts have consistently held that Article 151 does not empower judicial review of the content of the reports; it only pertains to procedural compliance of laying the reports. [Source: "01700048637"]
• Involvement of Parliamentary Committees - The Public Accounts Committee (PAC) and other committees examine the reports, call for explanations, and oversee the implementation of recommendations. [Source: "01700048637"]
• Power of the Legislature - The legislature has the power to disapprove, criticize, or recommend actions based on the reports, but enforcement remains a legislative function. [Source: "01700048637"]
• Judicial Restraint - The courts have emphasized that interference in the process of scrutiny based on the reports is unwarranted unless there is a clear violation of constitutional principles or procedural lapses. [Source: "01700048637"]
• No Direct Enforcement - The reports do not carry direct enforceable penalties; their significance lies in transparency and accountability. [Source: "01700048637"]
• Role of Parliament in Accountability - The laying of reports facilitates parliamentary oversight, enabling debates, investigations, and remedial actions. [Source: "01700048637"]
• Timing and Procedure - The reports must be laid within a reasonable time, and any delay or procedural lapses can be challenged in courts, but courts cannot direct the content or findings of the reports. [Source: "01700048637"]
• Judicial Review Limitations - The Supreme Court has consistently refused to interfere with the substance of the audit reports, reaffirming that Article 151 is procedural in nature. [Source: "01700048637"]
• Implication of Non-laying - Failure to lay reports or improper procedure can lead to judicial directions to adhere to constitutional mandates, but not to examine the merits of the reports themselves. [Source: "01700048637"]
• Use of Reports in Litigation - Courts have used the reports as evidence of administrative irregularities but have refrained from commenting on their substance, emphasizing their role as a tool for legislative oversight. [Source: "01700048637"]
• Protection of Independence - The independence of the CAG is protected under the Constitution, and the reports are meant to be objective assessments of government accounts. [Source: "01700048637"]
• No Punitive Measures Under Article 151 - The article does not prescribe punitive measures; it is a procedural requirement for transparency. [Source: "01700048637"]
• Role in Governance - The reports serve as a check on financial management and misuse of public funds, reinforcing the constitutional scheme of accountability. [Source: "01700048637"]
• Judicial Restraint in Interference - The courts have advised restraint in interfering with the legislative process based on audit reports unless procedural violations are evident. [Source: "01700048637"]
• Constitutional Mandate - The entire process of submission, laying, and scrutiny is mandated by the Constitution to uphold transparency and prevent misuse of public funds. [Source: "01700048637"]
• Final Observation - The power vested in the legislature to examine the reports is a vital constitutional safeguard, and judicial intervention is limited to procedural compliance. [Source: "01700048637"]

In conclusion, Article 151 of the Indian Constitution is a procedural provision ensuring that the audit reports of the CAG are laid before the legislature for scrutiny. It reinforces parliamentary accountability but deliberately leaves the substantive examination and action to the legislature, with courts exercising restraint and limiting their role to procedural oversight.

Art.152 Definition

       In this Part, unless the context otherwise requires, the expression “State” 1[does not include the State of Jammu and Kashmir].
       ---------------------------------
       1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for “means a State specified in Part A of the First Schedule”. (w.e.f. 1-11-1956).
       ---------------------------------

Art.153 Governors of States

       There shall be a Governor for each State:
       1[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]
       ---------------------------------
       1. Added by the Constitution (Seventh Amendment) Act, 1956, sec. 6. (w.e.f. 1-11-1956).
       ---------------------------------

Art.154 Executive power of State

       (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
       (2) Nothing in this article shall—
       (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
       (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Legal Commentary on Article 154 of the Constitution of India

Introduction

Article 154 of the Indian Constitution establishes the fundamental framework for the exercise of executive power within a State. It designates the Governor as the constitutional head of the State, responsible for exercising the executive authority either directly or through officers subordinate to him. This article forms the cornerstone of the constitutional structure of State administration, delineating the distribution of executive authority and ensuring a uniform constitutional scheme.

What does Article 154 Say?

• Article 154(1): "The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution."
• Article 154(2): The Governor shall act in accordance with the aid and advice of the Council of Ministers, except in specified circumstances.

Essential Ingredients

• Vesting of Executive Power: The article vests the entire executive authority of the State in the Governor.
• Exercise of Power: The Governor exercises this power either directly or through officers subordinate to him.
• In accordance with the Constitution: The exercise must conform to constitutional provisions.
• Aid and Advice: The Governor is bound to act on the aid and advice of the Council of Ministers, except in certain constitutional exceptions.

Scope of Section

• Constitutional Headship: The Governor acts as the constitutional head of the State.
• Discretionary Powers: Certain provisions allow the Governor to act in his discretion, such as in the appointment of the Chief Minister or in summoning and proroguing the Legislative Assembly.
• Exercise Through Officers: The Governor exercises his powers via officers subordinate to him, like the Chief Secretary, District Collectors, etc.
• Limitations: The article confines the exercise of executive powers within the framework of the Constitution and the aid and advice of the Council of Ministers.

Punishment for Section

• No direct punishment: Article 154 itself does not prescribe any punishment. However, misuse or arbitrary exercise of the powers vested in the Governor may lead to constitutional challenges, judicial review, or political consequences.
• Legal consequences: Any violation of constitutional provisions or acting beyond the scope may render actions invalid, leading to judicial invalidation or political accountability.

Legal Comments

• Vesting of executive power - The entire executive authority of the State is vested in the Governor, making him the constitutional head of the State. - [Sources: All references to Article 154 in the provided sources]
• Exercise through officers - The Governor exercises his powers either directly or through officers subordinate to him, ensuring a hierarchical and accountable administrative structure. - [Sources: All references to Article 154]
• Bound by aid and advice - The Governor is constitutionally bound to act on the aid and advice of the Council of Ministers, reinforcing the principle of collective responsibility. - [Sources: All references to Article 154(2)]
• Discretionary powers - Certain actions, such as appointment of the Chief Minister, summoning or proroguing the Legislative Assembly, are within the Governor's discretion, subject to constitutional limits. - [Sources: Supreme Court judgments on the scope of Governor's discretionary powers]
• Limited scope of executive powers - The exercise of executive powers is confined within the framework of the Constitution, ensuring the separation of powers and preventing arbitrary actions. - [Sources: Supreme Court decisions on separation of powers]
• Role as constitutional head - The Governor's role is largely ceremonial and as a constitutional figurehead, with real executive power exercised by the Council of Ministers. - [Sources: All references emphasizing the Governor as the constitutional head]
• No independent policymaking - The Governor does not have independent policymaking authority; he acts on the advice of the Council of Ministers, except in specific constitutional situations. - [Sources: Judicial interpretations and constitutional principles]
• Constitutional safeguards - The exercise of powers by the Governor is subject to constitutional limitations, and any deviation can be challenged in courts. - [Sources: Supreme Court rulings on Articles 154 and 163]
• Accountability and natural justice - Actions taken by the Governor or his officers must adhere to principles of natural justice and constitutional morality. - [Sources: Judicial review principles]
• Relation with the Union - The Governor’s powers and functions are also influenced by the Union’s constitutional framework, especially during emergencies or constitutional crises. - [Sources: Supreme Court judgments on the relation between Union and State powers]
• No immunity from judicial review - Actions or orders of the Governor are subject to judicial scrutiny if they violate constitutional provisions or exceed constitutional limits. - [Sources: All references to judicial review]
• Role in emergencies - During constitutional emergencies, the scope of the Governor’s powers may expand, but within constitutional bounds. - [Sources: Articles 356 and 360]
• Tenure and accountability - The tenure of the Governor is fixed at five years, but he holds office during the pleasure of the President, making his tenure subject to executive discretion. - [Sources: Constitutional provisions and judicial interpretations]
• Legal personality - The Governor is a constitutional authority, not a servant or employee of the Union or the State, and acts as the representative of the Constitution. - [Sources: Supreme Court judgments on the nature of the Governor’s office]
• Separation of powers - The article reinforces the separation of legislative, executive, and judicial powers, with the Governor acting as a neutral constitutional figure. - [Sources: Constitutional principles and judicial decisions]
• Protection against arbitrary exercise - The exercise of executive powers by the Governor is protected against arbitrary or malicious use, subject to legal and constitutional checks. - [Sources: Judicial review and constitutional safeguards]
• Incorporation of executive powers - The powers vested in the Governor are derived from the Constitution and statutory laws, and any exercise beyond these is unconstitutional. - [Sources: All references to constitutional law principles]
• Fundamental rights and duties - The Governor’s actions must respect fundamental rights, and any violation can be challenged in courts. - [Sources: Judicial principles on constitutional rights]
• Relation with the Union’s authority - The Governor’s powers are also exercised within the framework of Union-States relations, especially during constitutional crises or emergencies. - [Sources: Articles 356, 365, and Supreme Court judgments]

This concise legal commentary and analysis of Article 154 underscore its significance as the constitutional foundation of State executive authority, emphasizing the Governor’s role, limitations, and the importance of adherence to constitutional principles. The references from the provided sources reinforce the understanding that the exercise of executive powers must align with constitutional mandates, judicial review, and the principles of separation of powers.

Art.155 Appointment of Governor

       The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Art.156 Term of office of Governor

       (1) The Governor shall hold office during the pleasure of the President.
       (2) The Governor may, by writing under his hand addressed to the President, resign his office.
       (3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
       Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Art.157 Qualifications for appointment as Governor

       No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

Art.158 Conditions of Governor’s office

       (1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
       (2) The Governor shall not hold any other office of profit.
       (3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
       1[(3A) Wher

Art.159 Oath or affirmation by the Governor

       Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that court available, an oath or affirmation in the following form, that is to say—
       “I, A.B., do Swear in the name of God/Solemnly Affirm that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ......... (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ............. (name of the State).”

Art.160 Discharge of the functions of the Governor in certain contingencies

       The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

Art.161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

       The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Art.162 Extent of executive power of State

       Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
       Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.

Art.163 Council of Ministers to aid and advise Governor

       (1) There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
       (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
       3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

Art.164 Other provisions as to Ministers

       (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
       Provided that in the States of 1[Chattisgarh, Jharkhand], Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
       2[(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
       Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:

Art.165 Advocate-General for the State

       (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
       (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
       (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

Art.166 Conduct of business of the Government of a State

       (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
       (2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
       (3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
       1[***]
 

Art.167 Duties of Chief Minister as respects the furnishing of information to Governor, etc

       It shall be the duty of the Chief Minister of each State—
       (a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
       (b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
       (c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Art.168 Constitution of Legislatures in States

       (1) For every State there shall be a Legislature which shall consist of the Governor, and
       (a) in the States of 1[Andhra Pradesh] Bihar, 2[***], 3[4[***]] 5[Maha-rashtra], 6[Karnataka] and 7[***] 8[and Uttar Pradesh], two houses:
       (b) in other States, one House.
       (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.
       ----------------------------------
       1. The words “Andhra Pradesh”, omitted by the Andhra Pradesh Legislative Council (Abolition) Act, 1985 (34 of 1985), sec. 4 (w.e.f. 1-6-1985) and again ins. by the Andhra Pra

Art.169 Abolition or creation of Legislative Councils in States

       (1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
       (2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.
       (3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of artic

Art.170 Composition of the Legislative Assemblies

       (1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
       (2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
       2[Explanation.—In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
       Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been p

Art.171 Composition of the Legislative Councils

       (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed 1[one-third] of the total number of members in the Legislative Assembly of that State:
       Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
       (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).
       (3) Of the total number of members of the Legislative Council of a State—
       (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;
   &n

Art.172 Duration of State Legislatures

       (1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for 1[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of 1[five years] shall operate as a dissolution of the Assembly:
       Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
       (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
    

Art.173 Qualification for membership of the State Legislature

       A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he—
       1[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;]
       (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and in the case of a seat in the Legislative Council, not less than thirty years of age; and
       (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
       -----------------------------
        1. Subs. by the Constitution (Sixteenth

Art.174 Sessions of the State Legislature, prorogation and dissolution

       (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
       (2) The Governor may from time to time—
       (a) prorogue the House or either House;
       (b) dissolve the Legislative Assembly.]
       -----------------------------
        1. Subs. by the Constitution (First Amendment) Act, 1951, sec. 8, for article 174.
       -----------------------------

Art.175 Right of Governor to address and send messages to the House or Houses

       (1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
       (2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Art.176 Special address by the Governor

       (1) At the commencement of 1[the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.
       (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address 2[***].
       -----------------------------
       1. Subs. by the Constitution (First Amendment) Act, 1951, sec. 9, for “every session”.
       2. Certain words omitted by the Constitution (First Amendment) Act, 1951, sec. 9.
 

Art.177 Rights of Ministers and Advocate-General as respects the Houses

       Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

Art.178 The Speaker and Deputy Speaker of the Legislative Assembly

       Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speakers thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Art.179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

       A member holding office as Speaker or Deputy Speaker of an Assembly—
       (a) shall vacate his office if he ceases to be a member of the Assembly;
       (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
       (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:
       Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:
       Provided further that, whenever the Assembly is dissolved, the Speaker sh

Art.180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

       (1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.
       (2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Art.181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

       (1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.
       (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such

Art.182 The Chairman and Deputy Chairman of the Legislative Council

       The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

Art.183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

       A member holding office as Chairman or Deputy Chairman of a Legislative Council—
       (a) shall vacate his office if he ceases to be a member of the Council;
       (b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and
       (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:
       Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Art.184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

       (1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose.
       (2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

Art.185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

       (1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.
       (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during s

Art.186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

       There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

Art.187 Secretariat of State Legislature

       (1) The House or each House of the Legislature of a State shall have a separate secretarial staff:
       Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.
       (2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.
       (3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service

Art.188 Oath or affirmation by members

       Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Art.189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

       (1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such.
       The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
       (2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
       (3) Until the Legislature of t

Art.190 Vacation of seats

       (1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
       (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules1 made by the President, that person’s seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.
       (3) If a member of a House of the Legislature of a State—
       (a) becomes subject to any of the disq

Art.191 Disqualifications for membership

       (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State—
        "191. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State—"
       (a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;
       (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

Art.192 Decision on questions as to disqualifications of members

       (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
       (2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.]
       ------------------------------
       1. Article 192 has been successively substituted by the Constitution (Forty-second Amendment) Act, 1976, sec. 33 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act, 1978, sec. 25 to read as above (w.e.f. 20-6-1979).
       ------------------------------

Art.193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

       If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

Art.194 Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof

       (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.
       (2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings.
       (3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, 1[shall be those

Art.195 Salaries and allowances of members

       Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of the Constitution applicable in the case of members of the Legislative Assembly of the corresponding province.

Art.196 Provisions as to introduction and passing of Bills

       (1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council.
       (2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
       (3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.
       (4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly

Art.197 Restriction on powers of Legislative Council as to Bills other than Money Bills

       (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council—
       (a) the Bill is rejected by the Council; or
       (b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or
       (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;
       the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.

Art.198 Special procedure in respect of Money Bills

       (1) A Money Bill shall not be introduced in a Legislative Council.
       (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.
       (3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.
    

Art.199 Definition of “Money Bills”

       (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—
       (a) the imposition, abolition, remission, alteration or regulation of any tax;
       (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;
       (c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;
       (d) the appropriation of moneys out of the Consolidated Fund of the State;
       (e) the decl

Art.200 Assent to Bills

       When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
       Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the B

Art.201 Bills reserved for consideration

       When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
       Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

Art.202 Annual financial statement

       (1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the “annual financial statement”.
       (2) The estimates of expenditure embodied in the annual financial statement shall show separately—
       (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and
       (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State,
       and shall distinguish expenditure on revenue account from other expenditure.
       (3

Art.203 Procedure in Legislature with respect to estimates

       (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.
       (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
       (3) No demand for a grant shall be made except on the recommendation of the Governor.

Art.204 Appropriation Bills

       (1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet—
       (a) the grants so made by the Assembly; and
       (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses.
       (2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to w

Art.205 Supplementary, additional or excess grants

       (1) The Governor shall—
       (a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
       (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,
       cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a

Art.206 Votes on account, votes of credit and exceptional grants

       (1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power—
       (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;
       (b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
       (c) to make an exceptional grant which forms no part of the current service of any financial year,

Art.207 Special provisions as to financial Bills

       (1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council:
       Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
       (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority

Art.208 Rules of procedure

       (1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.
       (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.
       (3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communic

Art.209 Regulation by law of procedure in the Legislature of the State in relation to financial business

       The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.

Art.210 Language to be used in the Legislature

       (1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:
       Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue.
       (2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom:
       1[Provided that in relation to the 2[Legislatures

Art.211 Restriction on discussion in the Legislature

       No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

Art.212 Courts not to inquire into proceedings of the Legislature

       (1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.
       (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Art.213 Power of Governor to promulgate Ordinances during recess of Legislature

       (1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
       Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if—
       (a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
       (b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the Pre

Art.214 High Courts for States

       1[***]There shall be a High Court for each State.
       2[***]
        
       -----------------------------
       1. The brackets and figure “(1)” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch. (w.e.f. 1-11-1956).
       2. Clauses (2) and (3) omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch. (w.e.f. 1-11-1956).
       -----------------------------

Art.215 High Courts to be courts of record

       Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Legal Commentary on Article 215 of the Constitution of India

Introduction

Article 215 of the Constitution of India establishes that every High Court shall be a Court of Record and confers upon it the inherent power to punish for contempt of itself. As a Court of Record, High Courts possess the authority to maintain their dignity, uphold the rule of law, and ensure the proper functioning of justice within their jurisdiction. The power to punish for contempt is a vital aspect of judicial independence and authority, safeguarding the judiciary's dignity against disrespectful or obstructive conduct.

What does Article 215 Say?

• Every High Court shall be a Court of Record.
• It shall have all the powers of such a Court, including the power to punish for contempt of itself.
• The article emphasizes the inherent and plenary powers of the High Court to uphold its authority and dignity.

Essential Ingredients

• The High Court must be a Court of Record.
• The power to punish for contempt must be exercised within the scope of the Court’s inherent jurisdiction.
• The contempt must be of the Court itself, either for disrespect, obstruction, or disobedience of its orders.
• The contempt proceedings are quasi-criminal in nature, requiring the Court to act with circumspection and fairness.
• The conduct must amount to contempt, which includes acts that scandalize, obstruct, or interfere with the administration of justice.

Scope of Section

• The scope includes the power to punish for contempt of the High Court itself, including subordinate courts under its supervision.
• The power is inherent and not limited by statutory provisions, although the Contempt of Courts Act, 1971, provides procedural guidelines.
• The jurisdiction covers both civil and criminal contempt, with the Court exercising its discretion based on the nature and gravity of the contempt.
• The Court can initiate suo motu proceedings or act on a motion by the Advocate-General or any other person with the Court’s permission.
• The power extends to punishing acts that undermine the authority, dignity, or functioning of the Court.
• The Court’s power under Article 215 is independent and not subject to statutory limitations like the one-year limitation prescribed under the Contempt of Courts Act, 1971.

Punishment for Contempt under Article 215

• The Court can impose various punishments, including simple imprisonment, fines, or other measures deemed appropriate.
• The punishment must be proportionate to the gravity of the contempt.
• The Court may also award costs or compensation to the affected party, considering the prejudice caused.
• The Court can exercise its discretion to grant probation or other leniency, especially in cases involving advocates or individuals acting in good faith.
• The Court can also take measures to restore its dignity, including issuing warnings, directing apologies, or imposing bonds for good conduct.
• The Court’s power to punish is sui generis, not governed strictly by the Contempt of Courts Act, 1971, but by its inherent constitutional authority.

Legal Comments (Bullet Point Summary)

• Inherent Power - Article 215 grants High Courts inherent and plenary power to punish for contempt of itself, independent of statutory limitations.
• Scope Limitation - The power is limited to contempt of the High Court and subordinate courts under its supervision; it does not extend to contempt of a superior court like the Supreme Court.
• Nature of Proceedings - Contempt proceedings are quasi-criminal, requiring strict proof of willfulness and deliberate disobedience. [["Biman Basu VS Kallol Guha Thakurta"]]
• Procedural Framework - While the Contempt of Courts Act, 1971, provides procedural guidelines, the core power remains an inherent constitutional attribute, not fully regulated by law. [["Biman Basu VS Kallol Guha Thakurta"]]
• Suo Motu Power - The High Court can initiate suo motu contempt proceedings without a formal motion, emphasizing its supervisory authority. [["Biman Basu VS Kallol Guha Thakurta"]]
• Limitations and Limitations - The one-year limitation under Section 20 of the Contempt of Courts Act does not restrict the inherent power of the Court under Article 215; the power is sui generis. [["TATA IRON AND STEEL CO. LTD. VS RAMNIWAS"]]
• Discretion and Fairness - The Court exercises its contempt power with circumspection, ensuring that acts are willful and not accidental or due to misinterpretation. [["S. Sharat Kumar VS State of Andhra Pradesh"]]
• Punitive Measures - The Court can impose imprisonment, fines, or bonds, and may also award costs or compensation, considering the prejudice caused. [["S. Sharat Kumar VS State of Andhra Pradesh"]]
• Protection of Judicial Authority - The primary object is to uphold the dignity, authority, and independence of the judiciary, ensuring public confidence. [["G. Rajaram VS T. K. Rajendran, I. P. S. , Director General of Police/Chairman Thamizh Naadu Uniformed Services Recruitment Board Chennai & Another"]]
• No Personal Immunity - Advocates and officers of the Court do not have blanket immunity; their conduct must be in good faith and in accordance with law. [["Satish Trading Company VS Divisional Manager, P. P. Khare,Indore Telephones"]]
• Good Faith and Due Care - Acts in good faith, exercised with due care and caution, are less likely to be considered contemptuous. [["Raj Kumar Birla VS S. N. Thanvi"]]
• Judicial Review - Orders and actions under contempt are subject to judicial review to prevent arbitrariness and ensure reasonableness. [["T. M. A. Abdul Hameed VS S. Radhakrishnan"]]
• Protection of Court’s Dignity - The Court must act decisively against acts that scandalize or obstruct the administration of justice, including contemptuous conduct by advocates or officers. [["Mangla Dixit VS State of Rajasthan"]]
• Contempt of Court as a Special Jurisdiction - The power is sui generis, with no trial, summons, or jury; the judge’s own knowledge and record form the basis of proceedings. [["Antikeros Shipping Corporation VS Adani Enterprises Limited"]]
• Role of Advocates - Advocates are officers of the Court and must uphold its dignity; misconduct can attract contempt proceedings. [["Arun Kumar VS S. K. Shrivastava"]]
• Protection of Judicial Independence - The power to punish for contempt is essential to maintain judicial independence and public confidence. [["Mangla Dixit VS State of Rajasthan"]]
• Balancing Act - The Court must balance the need to uphold its authority with fairness, avoiding misuse or overreach. [["Mangla Dixit VS State of Rajasthan"]]
• Remedies and Enforcement - The Court can enforce its orders through contempt proceedings or through civil remedies like execution, but not by contempt for delays or technicalities. [["S. Sharat Kumar VS State of Andhra Pradesh"]]
• Contempt Proceedings and Fundamental Rights - The proceedings are aimed at protecting the dignity of the judiciary, which is a part of the rule of law, and are not meant to infringe on rights unless acts are willful and contemptuous. [["T. M. A. Abdul Hameed VS S. Radhakrishnan"]]

Conclusion

Article 215 of the Constitution confers upon every High Court the vital and inherent power to preserve its dignity and authority by punishing acts of contempt. While statutory laws like the Contempt of Courts Act, 1971, provide procedural guidelines, the core power remains a constitutional attribute, exercised with caution, fairness, and circumspection. The power is essential for safeguarding judicial independence, maintaining public confidence, and ensuring the effective administration of justice.

Art.216 Constitution of High Courts

       Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
       1[***]
       -----------------------------
       1. Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 11 (w.e.f. 1-11-1956).
       -----------------------------

Art.217 Appointment and conditions of the office of a Judge of a High Court

       (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High court, and 1[shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of 2[sixty-two years]]:
       Provided that—
       (a) a Judge may, by writing under his hand addressed to the President, resign his office;
       (b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
       (c) the office of a

Legal Commentary on Article 217 of the Constitution of India

Introduction

Article 217 of the Constitution of India outlines the appointment and conditions of service for judges of the High Courts. It establishes the framework for the selection process, qualifications required, and the tenure of judges, ensuring a structured approach to judicial appointments in India.

What does Article 217 say?

• Appointment: Every judge of a High Court is appointed by the President of India by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court.
• Tenure: A judge holds office until the age of 62 years.
• Removal: Judges can only be removed from office on the grounds of proved misbehavior or incapacity, following a specific procedure.

Essential Ingredients

1. Eligibility: A person must have held a judicial office for at least ten years or be qualified to be a judge of a High Court.
2. Consultation: The appointment process involves consultation with the Chief Justice of India and the Governor of the State.
3. Tenure: Judges serve until the age of 62, which is a condition of their office.

Scope of Article

• Article 217 applies specifically to the appointment and conditions of High Court judges, distinguishing them from other public servants.
• The article emphasizes the independence of the judiciary by limiting external influences on judicial appointments.

Punishment for Violation

• There are no direct punitive measures outlined in Article 217 itself; however, improper appointments can lead to judicial review and potential removal through the established constitutional process.

Legal Comments

• Judicial Independence - The appointment of judges is a constitutional function, and the process is insulated from judicial review, emphasizing the independence of the judiciary. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]
• Qualifications - The qualifications for appointment as a High Court judge are explicitly defined, ensuring that only those with substantial legal experience are considered. - [ G. K. T. Bus Service, Palani VS State Transport Appellate Tribunal, Madras]
• Age Limit - The age limit of 62 years for judges is a condition of tenure, not a qualification for appointment, which has been upheld in various judgments. - [ Binay Kant Mani Tripathi VS Union Of India]
• Consultation Requirement - The requirement for consultation with the Chief Justice of India and the Governor is a safeguard to ensure that appointments are made based on merit and integrity. - [ THE HONOURABLE MR. JUSTICE KANAKARAJ VS . ]
• Judicial Review - The exercise of power under Article 217 is not subject to judicial review, reinforcing the autonomy of the judiciary in its internal matters. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]
• Public Interest - The appointment process is crucial for maintaining public confidence in the judiciary, and any deviation from established norms can lead to public discontent. - [ State Of A. P. VS Ramoji Rao. Chief Editor, News Times (English Daily) and Eenadu (Telugu Daily) C/o Usodaya Publications Pvt. Ltd , Hyderabad]
• Contempt of Court - Criticism of the appointment process can amount to contempt if it undermines the authority of the judiciary. - [ State Of A. P. VS Ramoji Rao. Chief Editor, News Times (English Daily) and Eenadu (Telugu Daily) C/o Usodaya Publications Pvt. Ltd , Hyderabad]
• Pension Rights - Judges appointed from the Bar are entitled to pension benefits that consider their years of practice, ensuring equitable treatment among judges. - [ N. Dharmadan VS Union of India Represented By Secretary To Government of India]
• Discretionary Power - The Chief Justice's discretion in recommending appointments is a critical aspect of maintaining judicial integrity and independence. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]
• Non-Applicability of Reservation - The office of a High Court judge is not subject to reservation policies, emphasizing meritocracy in judicial appointments. - [ State Of A. P. VS Ramoji Rao. Chief Editor, News Times (English Daily) and Eenadu (Telugu Daily) C/o Usodaya Publications Pvt. Ltd , Hyderabad]
• Judicial Office Definition - The definition of "judicial office" under Article 217(2) is crucial for determining eligibility for appointment as a judge. - [ Binay Kant Mani Tripathi VS Union Of India]
• Role of the President - The President's role in appointing judges is a constitutional duty that reflects the balance of power within the government. - [ G. K. T. Bus Service, Palani VS State Transport Appellate Tribunal, Madras]
• Public Trust - The integrity of the appointment process is vital for maintaining public trust in the judiciary, which is essential for the rule of law. - [ State Of A. P. VS Ramoji Rao. Chief Editor, News Times (English Daily) and Eenadu (Telugu Daily) C/o Usodaya Publications Pvt. Ltd , Hyderabad]
• Judicial Accountability - While judges enjoy independence, they are also accountable for their actions, particularly in the context of appointments and conduct. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]
• Legal Precedents - Various Supreme Court judgments have reinforced the principles laid down in Article 217, ensuring consistency in judicial appointments. - [ Binay Kant Mani Tripathi VS Union Of India]
• Impact of Political Influence - The potential for political influence in judicial appointments is a concern that Article 217 seeks to mitigate through its structured process. - [ State Of A. P. VS Ramoji Rao. Chief Editor, News Times (English Daily) and Eenadu (Telugu Daily) C/o Usodaya Publications Pvt. Ltd , Hyderabad]
• Judicial Review Limitations - The limitations on judicial review of appointments under Article 217 are designed to protect the judiciary from external pressures. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]
• Constitutional Trust - The trust placed in the judiciary by the Constitution necessitates a careful and respectful approach to judicial appointments. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]
• Merit-Based Appointments - The emphasis on merit in judicial appointments is crucial for upholding the quality and integrity of the judiciary. - [ State Of A. P. VS Ramoji Rao. Chief Editor, News Times (English Daily) and Eenadu (Telugu Daily) C/o Usodaya Publications Pvt. Ltd , Hyderabad]
• Judicial Conduct - The conduct of judges in relation to their appointments is subject to scrutiny, and any misconduct can lead to removal under the provisions of the Constitution. - [ All Kerala Poor Aid Legal Asson. VS Chief Justice]

This commentary provides an overview of Article 217 of the Constitution of India, highlighting its significance in the judicial appointment process and the principles that govern it.

Art.218 Application of certain provisions relating to Supreme Court to High Courts

       The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

Art.219 Oath or affirmation by Judges of High Courts

       Every person appointed to be a Judge of a High Court 1[***] shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
       --------------------------------
        1. The words “in a State” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch. (w.e.f. 1-11-1956).
       --------------------------------

Art.220 Restriction on practice after being a permanent Judge

       No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.
       Explanation.—In this article, the expression “High Court” does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement2 of the Constitution (Seventh Amendment) Act, 1956.]
       --------------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 13, for article 220 (w.e.f. 1-11-1956).
        2. 1st November, 1956.
       --------------------------------

Art.221 Salaries etc., of Judges

       1[(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]
       (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule:
       Provided that neither the allowances of a Judge nor his rights in respect of leave of absence shall be varied to his disadvantage after his appointment.
       --------------------------------
        1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1

Art.222 Transfer of a Judge from one High Court to another

       (1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court 1[***].
       2[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.]
       --------------------------------
       1. The words “within the territory of India” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 14 (w.e.f. 1-11-1956).
       2. Ins. by the Constitution (Fifteen

Art.223 Appointment of acting Chief Justice

       When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the court as the President may appoint for the purposes.

Art.224 Appointment of additional and acting Judges

       (1) If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.
       (2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.
       (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of 2[sixty-two years].

Art.224(a) Appointment of retired Judges at sittings of High Courts

       Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:
       Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]
       -------------------------------------
        1. Ins. by the

Art.225 Jurisdiction of existing High Courts

       Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:
       1[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no lo

Art.226 Power of High Courts to issue certain writs

       (1) Notwithstanding anything in article 32 2[***], every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including 3[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose].
       (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of su

Legal Commentary on Article 226 of the Constitution of India

Introduction

Article 226 of the Constitution of India empowers the High Courts to issue certain writs for the enforcement of fundamental rights and for any other purpose. This provision is a crucial aspect of the judicial system in India, allowing individuals to seek justice against arbitrary actions of the state or its authorities.

What Does Article 226 Say

Article 226 states that every High Court shall have the power to issue directions, orders, or writs, including writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any person or authority, including the government, within its territorial jurisdiction.

Essential Ingredients

• Jurisdiction: The High Court has jurisdiction over the territories within its purview.
• Types of Writs: The High Court can issue various types of writs to enforce rights or to compel performance of duties.
• Discretionary Power: The power to issue writs is discretionary and not absolute.

Scope of Article

• Enforcement of Fundamental Rights: Primarily used for the enforcement of fundamental rights.
• Judicial Review: Allows for judicial review of administrative actions and decisions.
• Alternative Remedies: Generally, the High Court will not entertain a writ petition if an alternative remedy is available.

Punishment for Article

There is no specific punishment associated with Article 226 itself, as it is a provision that grants powers to the High Courts rather than imposing penalties.

Legal Comments

• Equitable Jurisdiction - A petitioner invoking equitable jurisdiction must act with fairness; suppression of material facts can lead to dismissal of the writ. [Source: Lekha Singh VS State of Rajasthan]
• Alternative Remedy - If an alternative remedy is available and not availed, the writ petition may be dismissed. [Source: Narain Lal Sharma VS State Bank of India]
• Bona Fides - A claim lacking bona fides or being dishonest renders the writ not maintainable. [Source: Lekha Singh VS State of Rajasthan]
• Pending Civil Cases - If a civil case is pending on the same subject matter, the High Court may refrain from interfering under Article 226. [Source: Narain Lal Sharma VS State Bank of India]
• Delay and Laches - A writ petition may be dismissed if filed after an unreasonable delay without sufficient explanation. [Source: Laxman Singh Kavadia VS State of Rajasthan]
• Misjoinder of Parties - A writ petition may be dismissed for misjoinder of cause of action or non-joinder of necessary parties. [Source: Lalloo Lal VS District & Sess. Judge Jaipur, Distt. Jaipur]
• Disputed Questions of Fact - The High Court will not entertain writ petitions involving disputed questions of fact that require evidence. [Source: Nemi Chand VS State of Rajasthan]
• Judicial Review Limitations - The High Court cannot re-appreciate evidence or interfere with findings of fact arrived at by lower courts or tribunals. [Source: State Bank of India, Bhopal VS Nannhelal Koshti]
• Writ of Mandamus - A writ of mandamus can only be issued to compel the performance of a clear legal duty. [Source: Ashasakiya Shastri Uchchtar . . . VS State Of M. P. And Ors. ]
• Stale Claims - A stale claim cannot be entertained under writ jurisdiction. [Source: Laxman Singh Kavadia VS State of Rajasthan]
• Natural Justice - Principles of natural justice must be adhered to in administrative actions affecting individuals' rights. [Source: State Bank of Bikaner & Jaipur VS Jagdish Chandra Khadgawat]
• Non-Interference in Policy Decisions - The High Court will not interfere in policy decisions made by the government unless they are arbitrary or violate the law. [Source: Ashasakiya Shastri Uchchtar . . . VS State Of M. P. And Ors. ]
• Writs in Contractual Matters - Judicial review can extend to contractual matters if the decision-making process is arbitrary. [Source: Agni Aero Sports Adventure Academy Pvt. Ltd. VS Indian Institute of Tropical Meteorology]
• Interim Orders - Interim orders obtained through misrepresentation of facts are not sustainable. [Source: Leena Yadav VS State of Rajasthan]
• Public Interest Litigation - The High Court can entertain PILs for public interest, especially when fundamental rights are at stake. [Source: Buddhanlal Gautam VS District Family Planning and Health Officer]
• Writs Against Legislative Actions - Writs cannot be issued against legislative actions unless they are unconstitutional. [Source: Mrs. Sunita Satyarthi VS State of Rajasthan]
• Writs for Recovery of Money - The proper remedy for recovery of money due is a civil suit, not a writ petition. [Source: Marudhara Conductors VS Haryana State Electricity Board]
• Discretionary Nature of Writs - The exercise of writ jurisdiction is discretionary and should not be used as a matter of routine. [Source: Radhey Shyam VS State of Rajasthan]
• Non-Interference in Transfer Orders - Transfer orders can only be interfered with if shown to be motivated by malice or improper motives. [Source: Dhanna Ram Rajpurohit VS State of Rajasthan]
• Writs for Academic Matters - The High Court should avoid issuing directions for admissions after a significant delay. [Source: State Bank of Bikaner & Jaipur VS Jagdish Chandra Khadgawat]

This commentary highlights the essential aspects of Article 226, its scope, and the legal principles governing its application in the Indian judicial system.

Art.226(a) Constitutional validity of Central laws not to be considered in proceedings under Article 226

       [Rep. by the Constitution (Forty-third Amendment) Act, 1977, sec. 8 (w.e.f. 13-4-1978).]]
       ------------------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 39 (w.e.f. 1-2-1977).
       -------------------------------------

Art.227 Power of superintendence over all courts by the High Court

       1[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.]
       (2) Without prejudice to the generality of the foregoing provisions, the High Court may—
       (a) call for returns from such courts;
       (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
       (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.
       (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:
 &nb

Legal Commentary on Article 227 of the Constitution of India

Introduction

Article 227 of the Indian Constitution grants High Courts expansive supervisory powers over all courts and tribunals within their territorial jurisdiction. It is a vital provision enabling the High Courts to ensure that subordinate courts function within their legal bounds, maintain proper standards of justice, and prevent abuse of judicial or administrative powers. The scope of this article has been the subject of extensive judicial interpretation, emphasizing its role as a safeguard against jurisdictional errors and misconduct.

What does Article 227 Say

Article 227 states:

"Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction."

It empowers the High Court to:- Call for returns from subordinate courts and tribunals.- Make and issue general rules and prescribe forms for regulating practice and proceedings.- Settle tables of fees for officers and advocates.- Exercise judicial or administrative supervision to ensure courts act within their authority.- In certain cases, withdraw cases involving substantial questions of constitutional law for disposal by the High Court itself.

Importantly, Clause (5) clarifies:

"Nothing in this article shall be construed as giving to a High Court any jurisdiction to question any judgment of any inferior court which is not otherwise subject to appeal or revision."

Essential Ingredients

• Superintendence power — both judicial and administrative.
• Scope — over all courts and tribunals within the territorial jurisdiction.
• Limitations — not to question judgments that are final and not subject to appeal or revision unless jurisdictional errors are apparent.
• Procedural aspects — the power is discretionary, exercised sparingly, and in appropriate cases to prevent grave injustice or overreach.

Scope of Section

• Judicial and Administrative — encompasses oversight of courts and tribunals, including their procedures, conduct, and jurisdiction.
• Scope in practice — includes the power to examine whether courts have exercised jurisdiction correctly, to issue writs, or to direct re-trials or proceedings if jurisdictional errors are evident.
• Limitations — cannot be used to re-argue issues of fact or law where no jurisdictional error exists; only errors patent on the record or flagrant violations justify intervention.
• Relation to other Articles — distinct from Articles 226 (writ jurisdiction) which is an original jurisdiction, whereas 227 is supervisory.

Punishment for Section

• No direct punishment — Article 227 does not prescribe penalties for misuse.
• Discretionary exercise — the power is to be exercised judiciously; abuse or overreach may lead to judicial censure or reversal.
• Potential consequences — improper or unwarranted interference may be set aside or declared invalid by higher courts, reaffirming the importance of restraint.

Legal Comments (Bullet Point Summary)

• "Scope" - Article 227 confers wide supervisory powers encompassing both judicial and administrative oversight over subordinate courts and tribunals within the territorial jurisdiction - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["Muragani Ramalingam VS Kondapalli Gurumurthy Reddy"]]
• "Limitations" - The power is discretionary, to be exercised sparingly, only in cases of jurisdictional error, flagrant abuse, or grave injustice, not for correcting mere errors of law or fact - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Jurisdictional Error" - Intervention is justified only when a court or tribunal has assumed jurisdiction where none exists or has failed to exercise jurisdiction it possesses, or has acted in a manner that causes grave injustice - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Not an appellate power" - Article 227 is supervisory, not appellate; it does not allow re-argument of issues but correction of jurisdictional or procedural irregularities - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]
• "Exercise of Power" - The power is exercised suo motu or on an application, but always with caution and only in appropriate cases to prevent miscarriage of justice - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Distinction from Art. 226" - While Art. 226 involves original jurisdiction to issue writs, Art. 227 involves supervisory control over proceedings and decisions, not to re-try facts or merits - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]
• "Procedural Nature" - The power under Art. 227 is procedural and does not affect the finality of judgments unless jurisdictional errors are patent on record - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Legal Limits" - Cannot be invoked to correct errors of fact or law that are not patent or to substitute the High Court's view for that of subordinate courts where jurisdiction is proper - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]
• "Relation to Other Laws" - The power is rooted in the constitutional scheme, independent of procedural laws like CPC; it is a constitutional safeguard - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"]]
• "Historical Basis" - The power derives from the historical powers of High Courts under S. 107 of the Government of India Act, 1915, and subsequent statutes, now embedded in the Constitution - [Sources: ["00200000000"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"]]
• "Exercise in Practice" - Courts have emphasized that interference should be rare, only to correct jurisdictional overreach, and not for correcting errors of merit or law - [Sources: ["00200037955"], ["Muragani Ramalingam VS Kondapalli Gurumurthy Reddy"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]
• "Impact of Amendments" - The 42nd Amendment and subsequent judicial rulings clarify that the power under Art. 227 is not wholly curtailed by legislative amendments; it remains a vital supervisory tool - [Sources: ["Anchar Ali and others VS State of Assam and others"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]
• "Relation to Final Orders" - Cannot be used to challenge final judgments not affected by jurisdictional error; only patent or flagrant violations justify interference - [Sources: ["00200037955"], ["Muragani Ramalingam VS Kondapalli Gurumurthy Reddy"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Inherent Power" - The power under Art. 227 is an inherent constitutional power, not derived from statutes, and must be exercised with restraint - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"]]
• "Supervisory vs. Original" - The article distinguishes between supervisory jurisdiction (Art. 227) and original jurisdiction (Art. 226); the former is a check on jurisdictional overreach, not a substitute for appellate review - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]
• "Relevance of Natural Justice" - The power does not extend to correcting procedural defects unless they amount to jurisdictional nullity or flagrant violation of principles of natural justice - [Sources: ["00200037955"], ["Satya Narain VS State of Rajasthan"]]
• "Judicial Restraint" - Courts have consistently held that the power should be exercised sparingly, only in cases of gross injustice, and not as a routine remedy - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Legal Effect of Orders" - Orders passed under Art. 227 are supervisory and do not have the same finality as appellate orders; they can set aside or modify proceedings but not substitute merits - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Protection of Subordinate Courts" - The primary purpose is to prevent abuse, overreach, or jurisdictional excesses, thereby safeguarding the integrity of judicial and quasi-judicial proceedings - [Sources: ["00200037955"], ["Satya Narain VS State of Rajasthan"]]
• "No Power to Re-argue" - The High Court cannot re-argue the merits or facts of a case but only correct jurisdictional errors or procedural violations patent on record - [Sources: ["00200037955"], ["Satya Narain VS State of Rajasthan"], ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]]
• "Exercise of Power" - To be exercised only when necessary, with full judicial caution, and only for correcting manifest jurisdictional errors or grave injustice - [Sources: ["00200037955"], ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"], ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]]

Summary

Article 227 of the Constitution of India is a powerful but carefully circumscribed instrument enabling High Courts to supervise subordinate courts and tribunals. Its primary function is to prevent jurisdictional overreach and ensure proper judicial functioning, not to re-try or correct merits. Judicial discretion, restraint, and adherence to constitutional principles guide its exercise, preserving the independence of subordinate judiciary while maintaining the rule of law.

• ["00200037955"]
• ["Umaji Keshao Meshram VS Radhikabai, Widow Of Anandrao Banaprkar"]
• ["Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta"]
• ["Satya Narain VS State of Rajasthan"]
• ["SWAPAN KUMAR BANDOPADHYAY AND ETC. VS SAIL"]
• ["Muragani Ramalingam VS Kondapalli Gurumurthy Reddy"]
• ["Anchar Ali and others VS State of Assam and others"]
• ["ISHWAR SINGH VS RAM PIARI"]
• ["SUKHDEO BAISWAR VS BRIJ BHUSHAN MISRA"]
• ["Narendra Nath Sashmal VS Binode Behari Dey"]

Art.228 Transfer of certain cases to High Court

       If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, 1[it shall withdraw the case and 2[***] may—]
       (a) either dispose of the case itself, or
       (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.
       ------------------------------------
       1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, sec. 41, for “it shall withdraw the case and may

Art.228(a) Special provisions as to disposal of questions relating to constitutional validity of State Laws

       [Rep. by the Constitution (Forty-third Amendment) Act, 1977, sec. 10 (w.e.f. 13-4-1978).]]
       ------------------------------------
       1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 42 (w.e.f. 1-2-1977).
       -------------------------------------

Art.229 Officers and servants and the expenses of High Courts

       (1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:
       Provided that the Governor of the State 1[***] may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.
       (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose:
       Provided th

Art.230 Extension of jurisdiction of High Courts to Union territories

       (1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.
       (2) Where the High Court of a State exercises jurisdiction in relation to a Union territory—
       (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and
       (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.]
       -------------------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 16, for article 230.
&n

Art.231 Establishment of a common High Court for two or more States

       (1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.
       (2) In relation to any such High Court,—
       (a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;
       (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the Subordinate Courts are situate; and
       (c) the reference in articles 219 and 229 to the State shall be construed as a ref

Art.232 .

[Omitted vide Constitution (Seventh Amendment) Act, 1956, sec. 16 (w.e.f. 1-11-1956).]

Art.233 Appointment of district judges

       (1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
       (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Art.233(a) Validation of appointments of, and judgments, etc., delivered by, certain district judges

       Notwithstanding any judgment, decree or order of any court,—
       (a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and
       (ii) no posting, promotion or transfer of any such person as a district judge,
       made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;
       (b) no jurisdi

Art.234 Recruitment of persons other than district judges to the judicial service

       Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

Art.235 Control over subordinate courts

       The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

Legal Commentary on Article 235 of the Constitution of India

Introduction

Article 235 of the Indian Constitution establishes the high courts' exclusive control over the subordinate judiciary within their jurisdiction. It underscores the importance of judicial independence by vesting disciplinary, administrative, and managerial powers solely in the high courts, ensuring the integrity and autonomy of the judiciary from executive interference.

What does Article 235 Say?

• The article confers control over district courts and subordinate courts, including posting, promotion, leave, transfer, confirmation, and disciplinary actions, solely in the High Court.
• The control is comprehensive but subject to the rights of persons under law, including appeals.
• The High Court's control includes disciplinary jurisdiction and administrative management but does not extend to passing orders of dismissal or removal independently; such actions require the Governor's formal act, based on the High Court's recommendation.
• The control vested in the High Court is to secure judicial independence and ensure proper functioning of subordinate courts.

Essential Ingredients

• Complete control over subordinate courts, including disciplinary, administrative, and managerial functions.
• Control includes appointment, promotion, transfer, leave, and disciplinary proceedings.
• The control is exercised through collective decision-making, committees, or full courts, as per rules and resolutions.
• The Governor's role is to act on the High Court's recommendation, especially in matters of removal, dismissal, or major penalties.
• The control is to be exercised in a manner that preserves judicial independence and prevents executive interference.

Scope of Article 235

• The control is exclusive and comprehensive over the subordinate judiciary.
• It encompasses disciplinary control, administrative control, appointments, transfers, promotions, and leave.
• The control is not absolute; it is subject to the law and rules framed by the High Court and the constitutional provisions.
• The High Court acts as the sole guardian of the subordinate judiciary, with powers to regulate and supervise its functioning.
• The control includes disciplinary proceedings, imposition of penalties, and removal or dismissal, but the final formal order of removal/dismissal is by the Governor based on the High Court's recommendation.
• The control also extends to regulation of judicial conduct, supervision of appointments, and administrative management.

Punishment for Violations

• Orders of dismissal or removal must be issued by the Governor on the recommendation of the High Court.
• The High Court's decision in disciplinary matters is final within its jurisdiction.
• Orders passed by the High Court directly, without the Governor's formal act, are ultra vires and invalid.
• The rules framed under Article 235, such as the Civil Services Rules, must conform to the constitutional mandate.
• Any arbitrary or unilateral action by the High Court in dismissing or removing judicial officers without the Governor's formal order can be challenged as illegal.

Legal Comments (Summary with References)

• Control - The High Court's control over subordinate judiciary is exclusive and comprehensive, including disciplinary, administrative, and managerial functions. [Articles 235, 1966 SC 447]
• Disciplinary Power - Disciplinary actions, including imposition of major penalties, are initiated and conducted by the High Court, but orders of dismissal/removal are by the Governor on the recommendation of the High Court. [AIR 1974 SC 2192]
• Final Orders - Orders of dismissal or removal must be issued by the Governor, not the High Court directly, unless the law explicitly provides otherwise. [AIR 1977 SC 1619]
• Recommendation - The recommendation of the High Court in disciplinary cases binds the Governor, who must act accordingly. [AIR 1976 SC 1841]
• Power of the High Court - The High Court exercises control over posting, promotion, leave, transfer, and disciplinary proceedings, but not the final order of dismissal/removal unless explicitly provided. [AIR 1988 SC 208]
• Judicial Independence - The control vested in the High Court aims to secure judicial independence and prevent executive interference. [AIR 1984 SC 38]
• Control vs. Executive Power - The control is administrative and disciplinary, but final orders are by the Governor based on the recommendation of the High Court. [AIR 1966 SC 447]
• Rules and Regulations - The rules framed under Article 235 must conform to the constitutional scheme and cannot override the constitutional mandate. [AIR 1987 SC 1629]
• Order of Removal - The order of removal or dismissal must be issued by the Governor, not the High Court directly, unless law explicitly states otherwise. [AIR 1977 SC 1619]
• Natural Justice - The High Court must follow principles of natural justice in disciplinary proceedings, including giving opportunity and proper hearing. [AIR 1988 SC 208]
• Appeals and Review - The rules providing for appeal or review must align with the constitutional control vested in the High Court. [AIR 1976 SC 1899]
• Control in Practice - The control includes superintendence, disciplinary jurisdiction, and administrative management, but not final orders of dismissal unless law provides. [AIR 1966 SC 447]
• Control as a Guardian - The High Court acts as a guardian of the independent judiciary, ensuring proper functioning and protection from executive overreach. [AIR 1984 SC 38]
• Control and Independence - The control is designed to uphold judicial independence, not to interfere arbitrarily in judicial decisions. [AIR 1974 SC 2192]
• Legal Framework - The control is regulated by rules framed under the constitutional scheme, not by executive orders without constitutional backing. [AIR 1987 SC 1629]
• Discipline and Control - The disciplinary control includes investigation, inquiry, and recommendation, but final orders are by the Governor based on the High Court's recommendation. [AIR 1977 SC 1619]
• Judicial Review - Orders passed in exercise of control are subject to limited judicial review, mainly to ensure legality and natural justice. [AIR 1984 SC 38]
• Summary - The control vested in the High Court over the subordinate judiciary is comprehensive but final orders of dismissal or removal are by the Governor on the High Court's recommendation. Any deviation is ultra vires and liable to be set aside.

Scope Summary

• The control is exclusive and comprehensive over appointments, transfers, promotions, leave, disciplinary proceedings.
• The final order of dismissal/removal must be issued by the Governor based on the High Court's recommendation.
• The control aims to secure judicial independence and prevent executive overreach.
• The control includes disciplinary jurisdiction, administrative management, regulation of conduct, supervision of appointments.
• The rules framed must conform to the constitutional scheme and cannot override the core principles of judicial independence.

Conclusion

Article 235 is a cornerstone of the judicial independence doctrine, conferring full control over the subordinate judiciary on the High Court. This control encompasses disciplinary, administrative, and managerial functions, with final orders of dismissal or removal being issued by the Governor only on the High Court's recommendation. Any unauthorized action by the High Court or the executive contrary to this scheme is unconstitutional and liable to be struck down. The rules framed under Article 235 must align with the constitutional intent to uphold the independence and integrity of the judiciary.

Art.236 Interpretation

       In this Chapter—
       (a) the expression “district judge” includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;
       (b) the expression “judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

Art.237 Application of the provisions of this Chapter to certain class or classes of magistrates

       The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

Art.238 .

Art.239 Administration of Union territories

       (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
       (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.]
       --------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 17, for article 239 (w.e.f. 1-11-1956).
       --------------------------

Art.239(a) Creation of local Legislatures or Council of Ministers or both for certain Union territories

       (1) Parliament may by law create 2[for the Union territory of 3[Puducherry]]—
       (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
       (b) a Council of Ministers,
       or both with such Constitution, powers and functions, in each case, as may be specified in the law.
       (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]
       --------------------------
       1. Ins. by the Constitution (Fourteenth Amendment

Art.239(a)(a) Special provisions with respect to Delhi

       (1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
       (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.
       (b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to

Art.239(a)(b) Provision in case of failure of constitutional machinery

       If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied—
       (a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or
       (b) that for the proper administration of the National Capital Territory it is necessary or expedient so to do,
       the President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Na

Art.239(b) Power of administrator to promulgate Ordinances during recess of Legislature

       (1) If at any time, except when the Legislature of 2[the Union territory of 3[Puducherry]] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
       Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf:
       Provided further that whenever the said legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.
       (2) An Ordinance promulgated under thi

Art.240 Power of President to make regulations for certain Union territories

       (1) The President may make regulations for the peace, progress and good Government of the Union territory of—
       (a) the Andaman and Nicobar Islands;
       2[(b) Lakshadweep;]
       3[(c) Dadra and Nagar Haveli;]
       4[(d) Daman and Diu;]
       5[(e) 6[Puducherry];]
       7[***]
       8[***]
       9[Provided that when any body is created under article 239A to function as a Legislature for the 10[Union territory of 11[Puducherry]], the President shall not make any regulation for the peace, progress and good Government of that Union territory with effect from the date appointed for the first meeting of

Art.241 High Courts for Union territories

       (1) Parliament may by law constitute a High Court for a 1[Union territory] or declare any court in any 2[such territory] to be a High Court for all or any of the purposes of this Constitution.
       (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.
       3[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise s

Art.242 Coorg

       [Rep. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.]

Art.243 Definitions

       In this Part, unless the context otherwise requires,—
       (a) ‘district’ means a district in a State;
       (b) ‘Gram Sabha’ means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;
       (c) ‘intermediate level’ means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;
       (d) ‘Panchayat’ means an institution (by whatever name called) of self-government constituted under article 243B , for the rural areas;
       (e) ‘Panchayat area’ means the territorial area of a Panchayat;
    &

Art.243(a) Gram Sabha

       A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.

Art.243(b) Constitution of Panchayats

       (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
       (2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.

Art.243(c) Composition of Panchayats

       (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats:
       Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
       (2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.
       (3) The

Art.243(d) Reservation of seats

       (1) Seats shall be reserved for—
       (a) the Scheduled Castes; and
       (b) the Scheduled Tribes,
       in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.
       (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
      

Art.243(e) Duration of Panchayats, etc

       (1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
       (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).
       (3) An election to constitute a Panchayat shall be completed—
       (a) before the expiry of its duration specified in clause (1);
       (b) before the expiration of a period of six months from the date of its dissolution:
       Provided that where the remainder of the period for which the disso

Art.243(f) Disqualifications for membership

       (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat—
       (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
       Provided that no person shall be disqualified on the ground that be is less than twenty-five years of age, if he has attained the age of twenty-one years;
       (b) if he is so disqualified by or under any law made by the Legislature of the State.
       (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, b

Art.243(g) Powers, authority and responsibilities of Panchayat

       Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to—
       (a) the preparation of plans for economic development and social justice;
       (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.

Art.243(h) Powers to impose taxes by, and Funds of, the Panchayats

       The Legislature of a State may, by law,—
       (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
       (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
       (c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
       (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom,
       as may be specified in the law.

Art.243(i) Constitution of Finance Commission to review financial position

       (1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to—
       (a) the principles which should govern—
       (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
       (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
&nb

Art.243(j) Audit of accounts of Panchayats

       The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.

Art.243(k) Elections to the Panchayats

       The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
       (2) Subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:
       Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
       (3) The Governor of a State shall, when so re

Art.243(l) Application to Union territories

       The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
       Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

Art.243(m) Part not to apply to certain areas

       (1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
        "243M. Part not to apply to certain areas.—(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244."
       (2) Nothing in this Part shall apply to—
       (a) the States of Nagaland, Meghalaya and Mizoram;
       (b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force.
       (3) Nothing in this Part—
       (a) relating to Panchayats at the district level shall apply to the hill

Art.243(n) Continuance of existing laws and Panchayats

       Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement whichever is earlier:
       Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.

Art.243(o) Bar to interference by courts in electoral matters

       Notwithstanding anything in this Constitution—
       (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under article 243K, shall not be called in question in any court;
       (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State.]

Art.243(p) Definitions

       In this Part, unless the context otherwise requires,—
       (a) ‘Committee’ means a Committee constituted under article 243S;
       (b) ‘district’ means a district in a State;
       (c) ‘Metropolitan area’ means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;
       (d) ‘Municipal area’ means the territorial area of a Municipality as is notified by the Governor;
       (e) ‘Municipality’ means an institution of self-government constituted under article 243Q;
     &nb

Art.243(q) Constitution of Municipalities

       (1) There shall be constituted in every State,—
       (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.
       (b) a Municipal Council for a smaller urban area; and
       (c) a Municipal Corporation for a larger urban area,
       in accordance with the provisions of this Part:
       Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify

Legal Comments

• "Scope" - Article 243-Q prescribes three types of local urban bodies (Nagar Panchayat, Municipal Council, Municipal Corporation) with Governor's public notifications guiding classification; this frames urban local self-government. [01300007538] (contextual synthesis of Part IX-A; Champa Lal lineage discussed in Birendra Prasad Yadav, Son of Bhuvneshwari Yadav VS State of Bihar through the Chief Secretary, Government of Bihar, Patna - 2022 0 Supreme(Pat) 272)

• "Essential ingredients" - To constitute a municipality, public notification by the Governor specifying area type (transitional/smaller/larger urban area) based on factors like population, density, revenue, non-agricultural employment, economic importance; proviso for industrial townships narrows the field. [RAKAM SINGH VS STATE OF U. P. - 2015 0 Supreme(All) 429] [Birendra Prasad Yadav, Son of Bhuvneshwari Yadav VS State of Bihar through the Chief Secretary, Government of Bihar, Patna - 2022 0 Supreme(Pat) 272]

• "Governor’s role" - Governor’s exercise of discretion under 243-Q(2) must rely on uniform, public-notified parameters; mere ad hoc designation without uniform criteria undermines constitutional scheme. Champa Lal and subsequent Bihar/Rajasthan line of authorities confirm this. [Birendra Prasad Yadav, Son of Bhuvneshwari Yadav VS State of Bihar through the Chief Secretary, Government of Bihar, Patna - 2022 0 Supreme(Pat) 272] [State of Uttarakhand VS Gram Sabha Mawakot - 2018 0 Supreme(UK) 194]

• "Relation to Part IX" - Part IX-A (Municipalities) mirrors Part IX (Panchayats); existing municipalities continue under transitional provisions until amended, with continuation overseen by State Election Commissions; non-obstante clauses preserve Parliament/State powers but subject to constitutional framing. [RASIKCHANDRA DEVSHANKER ACHARYA VS STATE - 1994 0 Supreme(Guj) 275] [Shripal Jain VS State of Rajasthan - 2000 0 Supreme(Raj) 27]

• "Local self-government status" - Municipalities are constitutional bodies with direct elections (243-R(1)); additional representation (243-R(2)) is discretionary, not mandatory, and must align with constitutional framework. [RASIKCHANDRA DEVSHANKER ACHARYA VS STATE - 1994 0 Supreme(Guj) 275]

• "Bar to judicial interference" - Articles 243-O and 243-ZG create a general bar to interference in electoral matters, but Supreme Court has read down notations to preserve Article 226/227 jurisdiction; however, in practice, elections and delimitations may be challenged on limited grounds (e.g., procedural irregularities before notifications). [KASAMBHAI FATEHBHAI GANCHI VS CHANDUBHAI DAHYABHAI rajput - 1997 0 Supreme(Guj) 365] [Lal Chand VS State Of Haryana - 1998 0 Supreme(P&H) 748]

• "Continuance of existing laws" - 243-N and 243-ZF provide interim continuity for pre-amendment laws; duration of existing municipalities continues until amended/repealed; transitional dissolutions may occur via legislative action per provisos. [RASIKCHANDRA DEVSHANKER ACHARYA VS STATE - 1994 0 Supreme(Guj) 275] [M. Sector Industries Charitable Trust VS State of Maharashtra & others - 2000 0 Supreme(Bom) 349]

• "Dual framework coherence" - Post-74th Amendment, Part IX and Part IX-A co-exist; municipalities are creatures of the Constitution but require state legislation to operationalize details (wards, seats, taxes, funds) consistent with Articles 243-S, 243-W, 243-X, etc. [Director, Treasury & Accounts, Rajasthan, Jaipur VS Suresh Chand - 2003 0 Supreme(Raj) 646] [Yogesh Chandra Saini VS State of Rajasthan anr Ors - 1999 0 Supreme(Raj) 1250]

• "Natural justice considerations" - In reforms under Article 243-Q, there can be debates on hearing; Supreme Court has noted that natural justice requirements depend on whether a given action is legislative in character; notifications for municipalities may be valid without individual hearings if statutory requirements are satisfied. [Mahendra Jain, S/o. Suraj Mal Jain vs State Of Rajasthan, Through Secretary, Department Of Local Self - 2025 0 Supreme(Raj) 1694] [Jayavani VS P. Geetha - 2020 0 Supreme(Kar) 1183]

• "Delimitation and elections" - Delimitation/ward allocation and seat allotment are generally not reviewable under 243-O/243-ZG unless statutory prerequisites (objections/hearings) were omitted; courts will permit challenge only within the narrow statutory channels. [OCL India Ltd. VS State of Orissa - 2022 0 Supreme(SC) 1118] [Lal Chand VS State Of Haryana - 1998 0 Supreme(P&H) 748]

• "Industrial townships proviso" - Proviso to 243-Q(1) allows excluding an industrial township from a municipality, upon Governor notification; Section 12-A (UP) and similar state analogues confirm that exclusion has constitutional backing when properly triggered. [RAKAM SINGH VS STATE OF U. P. - 2015 0 Supreme(All) 429] [Jagannath Prasad VS State of U. P. - 1954 0 Supreme(All) 73]

• "Judicial review vs. electoral bar balance" - Indian Supreme Court jurisprudence consistently holds that judicial review remains a basic feature; the 243-O/243-ZG bar is to be read down to preserve Art. 226/227 jurisdiction, not to extinguish it entirely. [KASAMBHAI FATEHBHAI GANCHI VS CHANDUBHAI DAHYABHAI rajput - 1997 0 Supreme(Guj) 365] [Lal Chand VS State Of Haryana - 1998 0 Supreme(P&H) 748]

• "Legislative competence post-amendments" - State legislatures retain power to enact laws for municipal elections and administration, provided those laws conform to Part IX-A; competing non-obstante clauses may prevail but must respect constitutional hierarchy. [Motan Das S/o Shri Tiku Ram vs The State Of Rajasthan, Through The Principal Secretary - 2025 0 Supreme(Raj) 1152] [Channala Ramachandra Rao VS State OF A. P. , rep. by its Secretary Municipal Administration and Urban Development Department, Hyderabad - 2000 0 Supreme(AP) 134]

• "Post-amendment transitional governance" - When a transitional area is designated, prior Panchayat structures may dissolve; interim administration may be by administrators or deputies until elections; durations must comply with Article 243-U and related provisions. [NAGAR PALIKA PARISHAD VS STATE OF U. P. - 2010 0 Supreme(All) 762] [RASIKCHANDRA DEVSHANKER ACHARYA VS STATE - 1994 0 Supreme(Guj) 275]

• "Public notice sufficiency" - In Champa Lal and subsequent cases, uniform parameters publicly notified by Governor are essential; mere internal state enactments cannot substitute for statutory notification where Article 243-Q(2) requirements apply. [Birendra Prasad Yadav, Son of Bhuvneshwari Yadav VS State of Bihar through the Chief Secretary, Government of Bihar, Patna - 2022 0 Supreme(Pat) 272] [B. Choudhary VS State of Bhopal - Madhya Pradesh (1950)]

• "Union Territories applicability" - Article 243-ZA and related provisions align state electoral law with national constitutional structure; by and large, State legislatures retain primary control over municipal elections subject to constitutional constraints. [Yogesh Chandra Saini VS State of Rajasthan anr Ors - 1999 0 Supreme(Raj) 1250] [Bhupendra Pratap Singh Rathore VS State of Rajasthan - 2014 0 Supreme(Raj) 498]

• "Local area definitions" - 243-P defines terms like Municipal area; 243-Q delineates jurisdictional scope by transitional/smaller/larger urban areas; these definitions guide the consequent governance architecture. [Sushma Devi VS State of U. P. - 2021 0 Supreme(All) 822] [Marykutty Mathew VS State Election Commission - 2002 0 Supreme(Ker) 675]

• "Validity of extensions/mergers" - Extensions or mergers of municipal boundaries must comply with constitutional parameters; courts scrutinize procedural compliance (objections/hearings) and statutory conformity; invalid deviations may be struck down. [NAGAR PALIKA PARISHAD VS STATE OF U. P. - 2010 0 Supreme(All) 762] [Ghisa Ram Saini VS State of Rajasthan - 2010 0 Supreme(Raj) 1150]

• "Role of elections commissioners" - State Election Commissions have analogous status to Election Commission of India for conduct of panchayat/municipal elections; independence from executive aid ensures timely elections as mandated by 243-U and 243-ZA. [Bhupendra Pratap Singh Rathore VS State of Rajasthan - 2014 0 Supreme(Raj) 498] [B. JAVARAYAGOUDA S/O BEREGOUDA VS THE STATE OF KARNATAKA - 1997 0 Supreme(Kar) 105]

• "Natural justice and objections" - While not every municipal formation requires personal hearing, objections and hearings are governed by statutory provisions; failure to consider objections may render a notification vulnerable to challenge. [02500009484] [B. JAVARAYAGOUDA S/O BEREGOUDA VS THE STATE OF KARNATAKA - 1997 0 Supreme(Kar) 105]

• "Scope of Art. 14 in local body reforms" - Equality principles under Art. 14 do not permit extending benefits to some groups in a way that violates constitutional reservations for SC/ST/Women/BC; reservations must be rational and proportionate to population, not arbitrary. [Mohd. Kaleem VS State of Rajasthan - 2010 0 Supreme(Raj) 282] [Bhupendra Pratap Singh Rathore VS State of Rajasthan - 2014 0 Supreme(Raj) 498]

• "Effect of non-notified industrial townships" - Absence of a Governor notification under the proviso to 243-Q(1) cannot be treated as an industrial township; mere inclusion under development acts without proper notification does not satisfy constitutional trigger. [RASIKCHANDRA DEVSHANKER ACHARYA VS STATE - 1994 0 Supreme(Guj) 275] [Bima Office Premises Co-operative Society VS Kalamboli Village Panchayat, Kalamboli & others - 2000 0 Supreme(Bom) 887]

• "Mandamus and directions" - Courts have issued mandamus guiding state authorities to publish requisite electoral rolls and conduct elections expeditiously under Articles 243-K and 243-ZA, notwithstanding prior ultra vires findings in related cases. [RASIKCHANDRA DEVSHANKER ACHARYA VS STATE - 1994 0 Supreme(Guj) 275] [KASAMBHAI FATEHBHAI GANCHI VS CHANDUBHAI DAHYABHAI rajput - 1997 0 Supreme(Guj) 365]

Note: Each bullet point cites representative sources from the provided materials to reflect authoritative positions on Art. 243-Q and related Part IX-A governance, while avoiding points where sources do not address a specific claim.

Art.243(r) Composition of Municipalities

       (1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.
       (2) The Legislature of a State may, by law, provide—
       (a) for the representation in a Municipality of—
       (i) persons having special knowledge or experience in Municipal administration;
       (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;
       (iii) the members of the Council of States an

Art.243(s) Constitution and composition of Wards Committees, etc

       (1) There shall be constituted Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of three lakhs or more.
       (2) The Legislature of a State may, by law, make provision with respect to—
       (a) the composition and the territorial area of a Wards Committee;
       (b) the manner in which the seats in a Wards Committee shall be filled.
       (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
       (4) Where a Wards Committee consists of—
       (a) one ward, the member representing that ward in the Municipality; or
  &

Art.243(t) Reservation of seats

       (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
       (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
       (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of

Art.243(u) Duration of Municipalities, etc

       (1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:
       Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.
       (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).
       (3) An election to constitute a Municipality shall be completed,—
       (a) before the expiry of its duration specified in clause (1);
       (b) before the expir

Art.243(v) Disqualifications for membership

       (1) A person shall be disqualified for being chosen as, and for being a member of a Municipality—
       (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
       Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age, of twenty-one years;
       (b) if he is so disqualified by or under any law made by the Legislature of the State.
       (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State

Art.243(w) Powers, authority and responsibilities of Municipalities, etc

       Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow—
       (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to—
       (i) the preparation of plans for economic development and social justice;
       (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
       (b) the Committees with such powers and authority as may be necessary to enable them to ca

Art.243(x) Power to impose taxes by, and Funds of, the Municipalities

       The Legislature of a State may, by law—
       (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
       (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State-Government for such purposes and subject to such conditions and limits;
       (c) provide for making, such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and
       (d) provide for constitution of such Funds for crediting all moneys received respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom,
       as may be specified in the law.]
&n

Art.243(y) Finance Commission

       (1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to—
       (a) the principles which should govern—
       (i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
       (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;
       (iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;
   &nb

Art.243(z) Audit of accounts of Municipalities

       The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.]
       --------------------
           * Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Art.243(z)(a) Elections to the Municipalities

       (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.
       (2) Subject to provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.]
       --------------------
           * Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Art.243(z)(b) Application to Union territories

       The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
       Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.]
       --------------------
           * Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Art.243(z)© Part not to apply to certain areas

       (1) Nothing in this Part shall apply to the Scheduled Areas referred to in Clause (1), and the tribal areas referred to in clause (2), of article 244.
       (2) Nothing in this part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.
       (3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the Tribal Areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.]
       --------------------
  &nb

Art.243(z)(d) Committee for district planning

       (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
       (2) The Legislature of a State may, by law, make provision with respect to—
       (a) the composition of the District Planning Committees;
       (b) the manner in which the seats in such Committees shall be filled:
       Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rur

Art.243(z)(e) Committee for Metropolitan planning

       (1) There shall be constituted in every Metropolitan area, a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
       (2) The Legislature of a State may, by law, make provision with respect to—
       (a) the composition of the Metropolitan Planning Committees;
       (b) the manner in which the seats in such Committees shall be filled:
       Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
       (c) th

Art.243(z)(f) Continuance of existing laws and Municipalities

       Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:
       Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.]
       --------------------
    

Art.243(z)(g) Bar to interference by courts in electoral matters

       Notwithstanding anything in this Constitution,—
       (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZF shall not be called in question in any court;
       (b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.]
       --------------------
           * Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Art.244 Administration of Scheduled Areas and Tribal Areas

       (1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State 1[***] other than the 2[States of Assam 3[,4[Meghalaya, Tripura and Mizoram]]].
       (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in 2[the States of Assam, 3[5[Meghalaya, Tripura and Mizoram]]].
       --------------------------------
       1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
       2. Subs. by the North Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), sec. 71, for “the State of Assam” (w.e.f. 21-1-1972).
       3. Su

Art.244(a) Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

       (1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in 2[Part I] of the table appended to paragraph 20 of the Sixth Schedule and create therefor—
       (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or
       (b) a Council of Ministers,
       or both with such constitution, powers and functions, in each case, as may be specified in the law.
       (2) Any such law as is referred to in clause (1) may, in particular,—
       (a) specify the matters enumerated in the State List or the Concurrent List wit

Art.245 Extent of laws made by Parliament and by the Legislatures of States

       (1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
       (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

Art.246 Subject-matter of laws made by Parliament and by the Legislatures of States

       (1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”).
       (2) Notwithstanding anything in clause (3), Parliament and, subject to clause (1), the Legislature of any State 1[***] also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).
       (3) Subject to clauses (1) and (2), the Legislature of any State 1[***] has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the ‘State List’).
       (

Legal Commentary on Article 246 of the Constitution of India

Introduction

Article 246 of the Indian Constitution delineates the distribution of legislative powers between the Union and State Legislatures through a structured three-list system in the Seventh Schedule. It embodies the constitutional framework for legislative authority, establishing clear demarcations and overlaps, and provides the basis for the enactment of laws within specified domains.

What does Article 246 Say?

• Primary Provision: Art. 246 divides legislative powers into three categories:
• List I (Union List): Parliament's exclusive authority to legislate on matters enumerated therein.
• List II (State List): State legislatures' exclusive authority to legislate on matters enumerated therein.
• List III (Concurrent List): Both Parliament and State legislatures can legislate; in case of conflict, Union law prevails.
• Residuary Power: Sub-Article 4 states that Parliament has the power to legislate on any matter not enumerated in Lists II and III, including taxes not specified elsewhere.

Essential Ingredients

• Distinction of Lists: Clear demarcation between Union, State, and Concurrent subjects.
• Exclusive and Residuary Powers: Parliament's exclusive authority over matters in List I and residual powers under Art. 248.
• Overlap and Conflict: Recognition that overlaps may occur; resolution depends on the pith and substance of legislation.
• Legislative Competence: The competence of Parliament or State legislatures depends on the subject matter within their respective lists.

Scope of Section

• Demarcation of Powers: Establishes the scope for legislation, ensuring clarity on jurisdiction.
• Overlapping Fields: Permits overlapping legislation but emphasizes the importance of the pith and substance test to determine validity.
• Residuary Legislation: Grants Parliament authority over subjects not specifically listed, broadening its legislative domain.
• Amendment and Occupied Field: Recognizes that Union legislation on certain subjects (e.g., commerce, defense) can occupy the entire field, rendering State laws invalid in that domain.

Punishment for Violations

• Invalid Legislation: Laws enacted beyond the competence conferred by Article 246 are ultra vires and void.
• Conflict Resolution: Union law prevails in case of conflict, and State laws infringing Union competence can be struck down by courts.
• Judicial Review: Courts have the authority to examine whether legislation falls within the pith and substance of the respective list.

Legal Comments (with References)

• Legislative Heads - The entries in the three lists serve as legislative heads or fields, not as legislative powers themselves, allowing the legislatures to enact laws within those fields.
• Pith and Substance Doctrine - The courts employ the doctrine of pith and substance to determine whether a law falls within the legislative competence, especially in cases of overlapping entries. , ["H. P. Barua VS State of Assam"]
• Overlap and Harmonization - Overlapping entries are to be harmonized, and legislation is valid if its pith and substance fall within a particular list, even if incidental aspects encroach upon others. , ["H. P. Barua VS State of Assam"]
• Residuary Power - Art. 248 confers residuary powers on Parliament, enabling it to legislate on subjects not enumerated in Lists II and III, including taxes not specified elsewhere. , ["Indian Aluminium Company Limited VS The State Of Kerala"]
• Occupation of Field - When Union law occupies a field fully (e.g., through legislation under Entry 52 of List I), State laws on the same subject become invalid to the extent of conflict. , ["Nabin Chandra Gantayet VS State of Orissa"]
• Conflict Resolution - In case of conflict between Union and State laws, Union law prevails, as per the doctrine of occupied field and the supremacy of Union legislation. , ["Nabin Chandra Gantayet VS State of Orissa"]
• Legislative Competence - The competence of Parliament or the State legislature is determined by the subject matter within their respective lists, not merely by the form of legislation. , ["H. P. Barua VS State of Assam"]
• Amendment of Laws - Laws can be amended or repealed through the legislative process, but the power to amend the Constitution itself is contained in Art. 368, not in Art. 246. [["L. C. Golak Nath: N. Krishna Bhatta: Godavari Sugar Mills Maharashtra, Pragat Shetkari Sangh, Rajgopal Ramdayal Doot: P. Ramakrishna Mally: Srinivas Ramdayal Doot VS State Of Punjab: State Of Mysore: State Of Mysore: State Of Mysore: State Of Mysore"]], ["Hoechst Pharmaceuticals LTD. : Jumna Flour And Oil Mills: Pharma Associates VS State Of Bihar"]
• Residuary Legislation - Art. 248 and Entry 97 in List I provide the residuary powers to Parliament, including the power to enact laws on subjects not covered by other lists. , ["Indian Aluminium Company Limited VS The State Of Kerala"]
• Legislative Hierarchy - The hierarchy is such that constitutional amendments under Art. 368 are supreme and can modify any part of the Constitution, including legislative competence, subject to procedural safeguards. [["L. C. Golak Nath: N. Krishna Bhatta: Godavari Sugar Mills Maharashtra, Pragat Shetkari Sangh, Rajgopal Ramdayal Doot: P. Ramakrishna Mally: Srinivas Ramdayal Doot VS State Of Punjab: State Of Mysore: State Of Mysore: State Of Mysore: State Of Mysore"]]
• Retrospective Legislation - Parliament's power under Art. 246 and Art. 248 includes the authority to enact retrospective laws unless expressly prohibited, subject to constitutional limitations. [["Union of India VS Madan Gopal Kabra"]], ["Union Of India VS Madan Gopal Kabra"]
• Judicial Review - Courts have the authority to examine whether legislation exceeds the competence conferred by the lists by applying the pith and substance doctrine. , ["H. P. Barua VS State of Assam"]
• Basic Features Doctrine - The doctrine of basic structure limits amendments to the Constitution, but does not restrict Parliament's power to legislate within its enumerated fields, including through amendments under Art. 368. [["State Of Rajasthan VS G. Chawla"]], ["I. C. GOLAK NATH VS State Of Punjab"]
• Amendment Power - The power to amend the Constitution resides in Art. 368, which prescribes the procedure; it is a constituent power, not ordinary legislative power, and can alter any part of the Constitution. [["State Of Rajasthan VS G. Chawla"]], ["I. C. GOLAK NATH VS State Of Punjab"]
• Legislative Field - The lists are indicative of legislative fields; laws exceeding the scope of the respective list are invalid, and courts determine the legislative field via the pith and substance test.
• Residuary Power and Field Occupation - When the Union legislature enacts laws under residuary powers or fully occupies a field, State laws on the same subject are invalid. [["Nabin Chandra Gantayet VS State of Orissa"]], ["H. P. Barua VS State of Assam"]
• Legislative Autonomy - State legislatures have plenary power within their lists, but this is subject to the Union's exclusive powers and the doctrine of occupied field. , ["H. P. Barua VS State of Assam"]
• Harmonious Construction - The constitutional scheme encourages harmonious construction of overlapping entries to give effect to the entire constitutional fabric. , ["H. P. Barua VS State of Assam"]
• Role of Courts - Courts interpret the lists and legislation to ensure conformity with the pith and substance, and uphold the validity of laws within their competence.
• Legislative Competence and Amendments - The power to amend the lists and the Constitution itself is exercised through Art. 368, which provides the procedure for constitutional amendments, including the power to add, alter, or repeal provisions. [["L. C. Golak Nath: N. Krishna Bhatta: Godavari Sugar Mills Maharashtra, Pragat Shetkari Sangh, Rajgopal Ramdayal Doot: P. Ramakrishna Mally: Srinivas Ramdayal Doot VS State Of Punjab: State Of Mysore: State Of Mysore: State Of Mysore: State Of Mysore"]], ["I. C. GOLAK NATH VS State Of Punjab"]
• Conclusion: The constitutional framework established by Article 246, supported by the doctrine of pith and substance, the doctrine of occupied field, and the residuary powers under Art. 248, provides a comprehensive scheme for legislative competence, allowing flexibility within the constitutional limits and ensuring the supremacy of Union law in overlapping fields.

Note: The references in brackets correspond to the sources provided and reflect the legal principles and interpretations relevant to Article 246 and the legislative powers under the Indian Constitution.

Art.247 Power of Parliament to provide for the establishment of certain additional courts

       Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.

Art.248 Residuary powers of legislation

       (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
       (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

Art.249 Power of Parliament to legislate with respect to a matter in the State List in the national interest

       Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
       (2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:
       Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue

Art.250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

       (1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have, power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.
       (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

Art.251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States

       Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.

Art.252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

       (1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.
       (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amende

Art.253 Legislation for giving effect to international agreements

       Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Art.254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States

       (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.
       (2) Where a law made by the Legislature of a State 1[***] with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such St

Legal Comments

• "Art. 254(1)" - Core principle: when a State law on a Concurrent List subject conflicts with a Central/Parliamentary law on the same matter, Parliament's law prevails to the extent of the repugnancy - [RASAL SINGH VS STATE OF M P - 1978 0 Supreme(MP) 33]

• "Art. 254(2) proviso" - Exception: if a State law on a Concurrent List matter has received Presidential assent, it may prevail in that State to the extent of repugnancy; Parliament may later amend/add/repeal that State law under the proviso - [S. Kavitha VS The Secretary to Government of Tamil Nadu, Higher Education Department, Chennai, - 1997 0 Supreme(Mad) 1208]

• "Pith and substance" - When evaluating repugnancy, courts look to the true subject matter of the law; incidental encroachment on another List does not automatically invalidate a valid State Act if its pith and substance fall within its List - [Zaverbhai Amaidas VS State Of Bombay - 1954 0 Supreme(SC) 123]

• "Repugnancy test" - Repugnancy requires: (i) same field; (ii) irreconcilable conflict; (iii) direct conflict or occupancy of a complete code by Parliament; if so, Central law prevails unless Art. 254(2) applies with assent - [Vijay Kumar Sharma: G. Abal Ali And K. Moideen: K. C. Naik: Hasanabha: K. S. Hegde VS State of Karnataka - 1990 0 Supreme(SC) 108]

• "Automatic repeal under Art. 254(2) vs. explicit repeal" - A later Central law may implicitly repeal a repugnant State law even without express words of repeal; assent of the President to the State law can allow its continued operation in that State to the extent of repugnancy - [Sowdambigai Motor Service, Dharapuram VS State of Tamil Nadu represented by the Secretary to Government, Transport Dept. , Madras - 1979 0 Supreme(Mad) 295]

• "Assent not always needed" - Where the Central Act does not cover a subject within Concurrent List or where the State Act is wholly within its own List and not repugnant, Art. 254(2) may not apply; assent becomes relevant only if repugnancy exists - [A. B. Lagu VS State of Madhya Bharat - Madhya Pradesh (1950)]

• "Occupied field doctrine" - In India, not hard-and-fast as in the US; even if Parliament purports to occupy a field in the Concurrent List, a later State Act assented to by the President may prevail under Art. 254(2) if it is not in repugnancy with the Central law or if the later Central law does not cover the same matter - [UNION OF INDIA VS SHRI VIJAY CHEMICAL AND CELLULOID WORKS LTD. - 1976 0 Supreme(Cal) 62]

• "Pre- vs post-constitution laws" - The Art. 254 framework primarily governs repugnancy between Central and State laws enacted post-constitution or pre-constitution laws rendered applicable; pre-constitution statutes may be shielded or overridden depending on Scheme and assent provisions - [M. C. Jain VS Chairman and Managing Director, Cement Corporation of India Limited - 1990 0 Supreme(AP) 398]

• "Section 28A/solatium/interest adjustments" - When Central amendments (e.g., Land Acquisition Act amendments) apply to pending cases in Kerala/GP contexts, their applicability follows Art. 254(2) and the Court considers whether alterations are expressly or implicitly applicable to State proceedings; assent and transitional provisions matter - [Lalbhai Talsibhai Patel VS Additional Special Land Acquisition Officer, Ahmedabad - 1984 0 Supreme(Guj) 244], [MOHAMMED SHERIFF VS STATE OF KERALA - 1985 0 Supreme(Ker) 354]

• "Land Acquisition and compensation jurisprudence" - In disputes where Parliament amends a Central Act affecting compensation (solatium, interest), State awards may be governed by the post-amendment Central standard where applicable under Art. 254(2) and the proviso; if assent to State law exists, the State standard may prevail to the extent of repugnancy - [MOHAMMED SHERIFF VS STATE OF KERALA - 1985 0 Supreme(Ker) 354], [Lalbhai Talsibhai Patel VS Additional Special Land Acquisition Officer, Ahmedabad - 1984 0 Supreme(Guj) 244]

• "Civil procedure and jurisdiction interplay" - State and Union laws interact with Article 254 when issues concern procedural frameworks (e.g., limitation, appellate jurisdiction) but require careful separation of which List governs the subject and whether repugnancy truly arises - [UNION OF INDIA VS SHRI VIJAY CHEMICAL AND CELLULOID WORKS LTD. - 1976 0 Supreme(Cal) 62], [Caltex (India) VS Director, West Bengal Fire Services - 1959 0 Supreme(Cal) 221]

• "Constitutional validity of amendments by State Acts" - Courts often uphold State amendments under Art. 254(2) when the amendments pertain to Concurrent List subjects and have Presidential assent; conversely, where the assent is lacking and repugnancy exists, Parliament's later law may prevail or State law may be struck down - [02100003187], [M. P. CEMENT MANUFACTURERS ASSOCIATION VS STATE OF M. P. - 2001 0 Supreme(MP) 723]

• "Presidential assent as a shield" - A State Act on a Concurrent List matter will prevail in its State only if assented by the President; without assent, repugnancy may render the State provision void to the extent of conflict with Parliament's law - [02100003187], [Sowdambigai Motor Service, Dharapuram VS State of Tamil Nadu represented by the Secretary to Government, Transport Dept. , Madras - 1979 0 Supreme(Mad) 295]

• "Minority rights and Art. 30 interactions" - While not central to Art. 254, cases involving Art. 30 illustrate how overlapping constitutional provisions may constrain or guide the interpretation of concurrent-list legislation and Presidential assent considerations - [BERHAMPUR DIOCESAN CATHOLIC SCHOOL MANAGING COMMITTEE VS STATE OF ORISSA - 1992 0 Supreme(Ori) 83], [Jugalkishore Kedia and others VS State of Assam and others - 1987 0 Supreme(Gau) 23]

• "Relevance for tax/finance measures" - Tax/fee measures touching a Concurrent List field may still be sustained if they fall within the State List via pith-and-substance; repugnancy analysis then determines whether Central law prevails or assent permits State prevailment - [Shyamsundar Roy VS State Of Bihar - 1982 0 Supreme(Pat) 85]

• "Education/Regulatory statutes in List III vs. List II" - Regulations affecting education and labour-related welfare often implicate List III/II; if repugnancy arises with Central legislation, Parliament’s post-assent acts may guide outcome under Art. 254 - [Government of Tamil Nadu, rep. by its Secretary and Commissioner, Commercial Taxes and Charitable Endowments Department VS K. Sevanthinatha Pandarasannathi - 2009 0 Supreme(Mad) 688], [GOBARDHAN KARMAKAR VS STATE - 1989 0 Supreme(Cal) 184]

• "Judicial approach to ‘involves’" - For Art. 228 withdrawal or similar questions, consider whether a constitutional question is necessary for disposal; this is not a direct Art. 254 query but shows how constitutional questions are filtered by need for resolution in the pending case - [A. B. Lagu VS State of Madhya Bharat - Madhya Pradesh (1950)]

• "Pragmatic effect of Art. 254(2) in practice" - Courts emphasize that the proviso to Art. 254(2) serves as a safety valve allowing State laws to persist in their states if assented and not undermined by later Central law, thus preserving local policy with flexibility for federal checks - [Vijay Kumar Sharma: G. Abal Ali And K. Moideen: K. C. Naik: Hasanabha: K. S. Hegde VS State of Karnataka - 1990 0 Supreme(SC) 108], [S. Kavitha VS The Secretary to Government of Tamil Nadu, Higher Education Department, Chennai, - 1997 0 Supreme(Mad) 1208]

• "Key takeaway" - Art. 254 creates a framework for resolving conflicts between Central and State laws on Concurrent List matters; the assent of the President and the interplay of the proviso govern whether State laws survive or are pre-empted by subsequent Central legislation - [Vivek Rai VS State of Jharkhand - 2008 0 Supreme(Jhk) 855], [Koshila Devi VS Parvati Devi - 1978 0 Supreme(Pat) 200]

• "Note on scope" - When sources discuss repugnancy and 254, they stress that incidental overlap does not automatically invalidate a State Act; the decisive factor remains whether the State Act and Central Act truly cannot stand together in light of their true subject matter - [Indian Aluminium Comp Limited VS The State Of Kerala - 1969 0 Supreme(Ker) 292], [P. M. Bramadathan Nambooripad VS The Cochin Devaswom Board - 1955 0 Supreme(Ker) 50]

• "Non-availability of President assent" - If a State Act lacks Presidential assent yet operates under a Central-assented framework that conflicts, the Central law typically prevails or renders the State provision void to the extent of repugnancy, unless the proviso allows otherwise - [State of West Bengal VS Committee For Protection Of Democratic Rights, West Bengal - 2010 0 Supreme(Ori) 76], [KHAJOOR SINGH VS Union of India - 1960 0 Supreme(SC) 320]

• "Practical guidance" - In drafting or challenging statutes under Art. 254, examine: (a) List relevance; (b) true subject matter; (c) presence/absence of Presidential assent; (d) potential for implied repeal via later Central law; (e) transitional/commencement provisions affecting pending cases - [Ajit Kumar Ganguli VS UNION OF INDIA - 1961 0 Supreme(Cal) 138], [Vivek Rai VS State of Jharkhand - 2008 0 Supreme(Jhk) 857]

• "Final caution" - The Art. 254 framework is a nuanced balance of federal supremacy and State autonomy; each case hinges on the precise text of lists, the presence of assent, and the relation of the challenged provision to the Central law in force on the subject matter - [Lloyds Bank LTD. VS Lloyds And Indian Staff Association (Calcutta Branches) - 1953 0 Supreme(SC) 55], [A. B. Lagu VS State of Madhya Bharat - Madhya Pradesh (1950)]

Art.255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

       No Act of Parliament or of the Legislature of a State 1[***] and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given—
        (a) where the recommendation required was that of the Governor, either by the Governor or by the President;
        (b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
        (c) where the recommendation or previous sanction required was that of the President, by the President.
       ----------------------------------
        1. The words and letters “specified in Part

Art.256 Obligation of States and the Union

       The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

Art.257 Control of the Union over States in certain cases

       (1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
       (2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:
       Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of com

Art.257(a) Assistance to States by deployment of armed forces or other forces of the Union

       [Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 33 (w.e.f. 20-6-1979).]]
       -----------------------------
        1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 43 (w.e.f. 3-1-1977).

Art.258 Power of the Union to confer powers, etc., on States in certain cases

       (1) Notwithstanding anything in this Constitution, the President may, with the consent of the Governor of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.
       (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.
       (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or

Art.258(a) Power of the States to entrust functions to the Union

       Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.]
       ---------------------------
        1. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 18 (w.e.f. 1-11-1956).

Art.259 Armed Forces in States in Part B of the First Schedule

       [Rep. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.]

Art.260 Jurisdiction of the Union in relation to territories outside India

       The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.

Art.261 Public acts, records and judicial proceedings

       Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
       (2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.
       (3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

Art.262 Adjudication of disputes relating to waters of inter-State rivers or river valleys

       (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
       (2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

Art.263 Provisions with respect to an inter-State Council

       If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of—
        (a) inquiring into and advising upon disputes which may have arisen between States;
        (b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
        (c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,
       it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation an

Art.264 Interpretation

       In this Part, “Finance Commission” means a Finance Commission constituted under article 280.]
       ---------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for article 264.

Art.265 Taxes not to be imposed save by authority of law

       No tax shall be levied or collected except by authority of law.

Art.266 Consolidated Funds and public accounts of India and of the States

       (1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of India”, and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of the State”.
       (2) All other public moneys received by or on behalf of the Government of India or the Govern

Art.267 Contingency Fund

       (1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of India” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116.
       (2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor 1[***] of the State to enable advances to be made by him out of such Fund for the purposes of meeting un

Art.268 Duties levied by the Union but collected and appropriated by the States

       (1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected—
        (a) in the case where such duties are leviable within any 1[Union territory], by the Government of India, and
        (b) in other cases, by the States within which such duties are respectively leviable.
       (2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.
       ----------------------------------
       1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for “

Art.268(a) Service tax levied by Union and collected and appropriated by the Union and the States

       (1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).
       (2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be—
        (a) collected by the Government of India and the States;
        (b) appropriated by the Government of India and the States,
       in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.]
       ----------------------------------
        1. Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, sec. 2.

Art.269 Taxes levied and collected by the Union but assigned to the States

       1[(1) Taxes on the sales or purchase of goods and taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the matter provided in clause (2).
       Explanation.—For the purposes of this clause,—
        (a) the expression “taxes on the sale or purchase of goods” shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;
        (b) the expression “taxes on the consignment of goods” shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes pl

Art.270 Taxes levied and distributed between the Union and the States

       (1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in 2[articles 268, 268A and 269], respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2).
       (2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3).
       (3) In this article, “presc

Art.271 Surcharge on certain duties and taxes for purposes of the Union

       Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.

Art.272 Taxes which are levied and collected by the Union and may be distributed between the Union and the States

       [Rep. by the Constitution (Eightieth Amendment) Act, 2000, sec. 4 (w.e.f. 9-6-2000).]
       ----------------------------
        *. The union duties of excise including additional duties and any other tax or duty collected and distributed by Central Government as grants-in-aid to States after 1-4-1996 and before 9-6-2000 shall be deemed to be distributed as if before 1-4-1996.

Art.273 Grants in lieu of export duty on jute and jute products

       (1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed.
       (2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution, whichever is earlier.
       (3) In this article, the expression “prescribed” has the same meaning as in article 270.

Art.274 Prior recommendation of President required to Bills affecting taxation in which States are interested

       (1) No Bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression “agricultural income” as defined for the purposes of the enactments relating to Indian Income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to State, or which imposes any surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.
       (2) In this article, the expression “tax or duty in which States are interested” means—
        (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or
     &nbs

Art.275 Grants from the Union to certain States

       (1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States:
       Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State:
       Provided further that there shall be paid

Art.276 Taxes on professions, trades, callings and employments

       (1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.
       (2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed 1[two thousand and five hundred rupees] per annum:
       2[***]
       (3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be const

Art.277 Savings

       Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.

Art.278 Agreement with States in Part B of the First Schedule with regard to certain financial matters

       [Rep. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.]

Art.279 Calculation of “net proceeds”, etc

       (1) In the foregoing provisions of this Chapter, “net proceeds” means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.
       (2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any

Art.280 Finance Commission

       (1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
       (2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.
       (3) It shall be the duty of the Commission to make recommendations to the President as to—
       (a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respecti

Art.281 Recommendations of the Finance Commission

       The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.

Art.282 Expenditure defrayable by the Union or a State out of its revenues

       The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.

Art.283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts

       (1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.
       (2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payme

Art.284 Custody of suitors’ deposits and other moneys received by public servants and courts

       All moneys received by or deposited with—
       (a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or
       (b) any court within the territory of India to the credit of any cause, matter, account or persons,
       shall be paid into the public account of India or the public account of the State, as the case may be.

Legal Commentary on Article 284 of the Constitution of India

Introduction

Article 284 of the Indian Constitution establishes the constitutional safeguard for the custody of deposits and other moneys received by courts and public servants, ensuring accountability and proper management of public funds. It reflects the principle that such funds should be held in trust and deposited into the public account of India, thereby promoting transparency and preventing misuse.

What does Article 284 Say

Article 284 mandates that all moneys received by or deposited with courts and public servants, including suitors' deposits, must be paid into the public account of India. It ensures that these funds are held in trust and are subject to proper audit and control, thus maintaining financial discipline within public institutions.

Essential Ingredients

• Receipt of funds by courts or public servants (including deposits, fines, or other monies).
• Obligation to deposit these funds into the consolidated public account of India.
• The funds must be held as trust property, not as personal or institutional assets.
• Proper accountability, audit, and management of such funds.
• Application to all courts and public servants receiving such monies, regardless of the source.

Scope of Section

• Applies to all monies received by courts and public servants, including deposits, fines, fees, or any other monies of whatsoever nature.
• Encompasses both revenue and non-revenue funds, emphasizing custodial responsibility.
• Extends to all courts and authorities receiving monies on behalf of the state or public.
• Ensures that funds are deposited into the Consolidated Fund or Public Account of India, as per the relevant provisions.
• Promotes transparency and accountability in the handling of public funds.

Punishment for Violations

While the article itself does not specify penalties, violations of its provisions typically attract disciplinary action, departmental proceedings, or criminal liability under relevant laws such as the Indian Penal Code or the Prevention of Corruption Act, depending on the nature of misconduct. Misappropriation or misuse of deposited funds can lead to criminal prosecution.

Legal Comments

• "Custody of funds" - Ensures funds received by courts/public servants are held as trust property and deposited into the public account of India [Article 284].

• "Accountability" - Promotes accountability and transparency in the management of public funds, preventing misuse and diversion [Article 284].

• "Deposits into public account" - Mandates that all monies be deposited into the consolidated or public account, strengthening financial discipline [Article 284].

• "Scope" - Applies universally to all courts and public servants handling monies, including suitors' deposits, fines, and other receipts [Article 284].

• "Trust property" - Funds received are to be treated as trust property, not as personal assets, ensuring proper custodial responsibility [Article 284].

• "Audit and control" - Funds held under this article are subject to audit by the Comptroller and Auditor-General of India, ensuring oversight [Article 284].

• "Legal obligation" - Courts and public servants have a legal obligation to deposit and manage funds in accordance with constitutional provisions [Article 284].

• "Legal sanctions" - Violations, such as unauthorized retention or misappropriation, are punishable under criminal laws, including IPC and anti-corruption statutes [Legal framework].

• "Protection of funds" - The article provides a constitutional safeguard against financial irregularities, reinforcing the integrity of public financial management [Article 284].

• "Implementation" - The Ministry of Law and Justice, along with the Ministry of Finance, oversees the implementation of these provisions through rules and guidelines [GFR, 2017].

• "Legal precedence" - Courts have consistently upheld the constitutional mandate of Article 284 in various cases, emphasizing its importance in financial governance [Various case laws].

• "Relation to other laws" - The provisions of Article 284 complement laws like the Public Accounts Act, the Indian Penal Code, and the Prevention of Corruption Act, ensuring comprehensive legal coverage [Legal statutes].

• "Safeguards" - Ensures that funds are not diverted for unauthorized purposes and that proper record-keeping is maintained [Constitutional mandate].

• "Responsibility" - Places responsibility on courts and public officials to act as custodians of public funds, aligning with fiduciary duties [Legal principles].

• "Legal enforceability" - The obligation under Article 284 is enforceable through judicial review and departmental mechanisms [Articles 226, 227].

• "Financial discipline" - Acts as a vital instrument for maintaining fiscal discipline and integrity in the public financial system [Constitutional framework].

• "Legal remedies" - Violations can be challenged through writ petitions under Article 226 of the Constitution, ensuring judicial oversight [Judicial precedents].

• "Public confidence" - Strengthening the custodial responsibility under this article enhances public confidence in the integrity of judicial and administrative systems [Legal philosophy].

• "No exemption" - The obligation applies uniformly to all courts and public servants, with no exceptions, ensuring uniformity in financial management [Legal doctrine].

This comprehensive legal commentary underscores the constitutional importance of Article 284 in ensuring the proper custody, management, and accountability of public funds received by courts and public officials, thereby reinforcing the integrity of the financial administration of the State.

Art.285 Exemption of property of the Union from State taxation

       (1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.
       (2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.

Art.286 Restrictions as to imposition of tax on the sale or purchase of goods

       (1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place—
       (a) outside the State; or
       (b) in the course of the import of the goods into, or export of the goods out of, the territory of India.
       1[***]
       2[(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1).
       3[(3) Any law of a State shall, in so far as it imposes, or authorises the imposition of,—
       (a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or c

Art.287 Exemption from taxes on electricity

       Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is—
       (a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or
       (b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway,
       and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India

Art.288 Exemption from taxation by States in respect of water or electricity in certain cases

       (1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.
       Explanation.—The expression “law of a State in force” in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
       (2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in

Art.289 Exemption of property and income of a State from Union taxation

       (1) The property and income of a State shall be exempt from Union taxation.
       (2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.
       (3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government.

Art.290 Adjustment in respect of certain expenses and pensions

       Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if—
       (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or
       (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with t

Art.290(a) Annual payment to certain Devaswom Funds

       A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State of 2[Tamil Nadu], every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.]
       -----------------------
       1. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 19 (w.e.f. 1-11-1956).
       2. Subs by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), sec. 4, for “Madras” (w.e.f. 14-1-1969).

Art.291 Privy purse sums of Rulers

       [Rep. by the Constitution (Twenty-sixth Amendment) Act, 1971, sec. 2 (w.e.f. 28-12-1971).]

Art.292 Borrowing by the Government of India

       The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.

Art.293 Borrowing by States

       (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.
       (2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India
       (3) A State may not without the consent of the Government of India raise any loan if there is still ou

Art.294 Succession to property, assets, rights, liabilities and obligations in certain cases

       As from the commencement of this Constitution—
       (a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State, and
       (b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State,
       subject to any adjustment made or t

Art.295 Succession to property, assets, rights, liabilities and obligations in other cases

       (1) As from the commencement of this Constitution—
       (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and
       (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commenc

Art.296 Property accruing by escheat or lapse or as bona vacantia

       Subject as hereinafter provided any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:
       Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or a State, vest in the Union or in that State.
       Explanation.—In this article, the expressions “Ruler” and “Indian State” have

Art.297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union

       (1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.
       (2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.
       (3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.]
       -----------------------------
        1. Subs. by the Constitution (Fortieth Amendment) Act, 1976, sec. 2, for article 297 (w.e.f. 27-5-1976).
   &

Art.298 Power to carry on trade, etc.

       The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:
       (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
       (b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.]
       -----------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 20, for ar

Art.299 Contracts

       (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor 1[***] of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor 1[***] by such persons and in such manner as he may direct or authorise.
       (2) Neither the President nor the Governor 2[***] shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
       -----------------------

Art.300 Suits and proceedings

       (1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.
       (2) If at the commencement of this Constitution—
       (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
       (b) any

Art.300(a) Persons not to be deprived of property save by authority of law

       No person shall be deprived of his property save by authority of law.]
       --------------------
           * Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 34 (w.e.f. 20-6-1979).

Art.301 Freedom of trade, commerce and intercourse

       Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.

Art.302 Power of Parliament to impose restrictions on trade, commerce and intercourse

       Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.

Art.303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

       (1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.
       (2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.

Art.304 Restrictions on trade, commerce and intercourse among States

       Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law—
       (a) impose on goods imported from other States 1[or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
       (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest:
       Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President.
       ---------------------------
     &n

Art.305 Saving of existing laws and laws providing for State monopolies

       Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.]
       ---------------------------
        1. Subs. by the Constitution (Fourth Amendment) Act, 1955, sec. 4, for article 305.

Art.306 Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce

       [Rep. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch. (w.e.f. 1-11-1956).]

Art.307 Appointment of authority for carrying out the purposes of articles 301 to 304

       Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.

Art.308 Interpretation

       In this Part, unless the context otherwise requires, the expression “State” 1[does not include the State of Jammu and Kashmir].
       -------------------------------
        1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for “means a State specified in Part A or Part B of the First Schedule”.
       -------------------------------

Art.309 Recruitment and conditions of service of persons serving the Union or a State.-

       Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:
       Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.

Art.310 Tenure of office of persons serving the Union or a State

       (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor 1[***] of the State.
       (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor 2[***] of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the G

Art.311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

       (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
       1[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges 2[***]:
       3[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:
       

Art.312 All-India Services

       (1) Notwithstanding anything in 1[Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services 1[(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.
       (2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.
       2[(3) The all-India judicial service referred to in clause (1) sha

Art.312(a) Power of Parliament to vary or revoke conditions of service of officers of certain services

       (1) Parliament may by law—
       (a) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post;
       (b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this

Art.313 Transitional provisions

       Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India Service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.

Art.314 Provision for protection of existing officers of certain services

       [Rep. by the Constitution (Twenty-eighth Amendment) Act, 1972, sec. 3 (w.e.f. 29-8-1972).]

Art.315 Public Service Commissions for the Union and for the States

       (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
       (2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.
       (3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
       (4) The Public Service Commission for the Union

Art.316 Appointment and term of office of members

       (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor 1[***] of the State:
       Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
       2[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason o

Art.317 Removal and suspension of a member of a Public Service Commission

       (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
       (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor 1[***] in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
 &

Art.318 Power to make regulations as to conditions of service of members and staff of the Commission

       In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor 1[***] of the State may by regulations—
       (a) determine the number of members of the Commission and their conditions of service; and
       (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service:
       Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
       ---------------------------
        1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
       

Art.319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members.—On ceasing to hold office

       "319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.—On ceasing to hold office—"
       (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
       (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
       (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Co

Art.320 Functions of Public Service Commissions

       (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.
       (2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
       (3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted—
       (a) on all matters relating to methods of recruitment to civil services and for civil posts;
       (b) on the principles to be followed in making appointments to

Art.321 Power to extend functions of Public Service Commissions

       An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

Art.322 Expenses of Public Service Commissions

       The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

Art.323 Reports of Public Service Commissions

       (1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.
       (2) It shall be the duty of a State Commission to present annually to the Governor 1[***] of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor 1[***] of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor 2[***], shall, on receipt of such report, cause a copy thereof

Art.323(a) Administrative tribunals

       Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
       (2) A law made under clause (1) may—
       (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;
       (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribun

Art.323(b) Tribunals for other matters

       (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.
       (2) The matters referred to in clause (1) are the following, namely:—
       (a) levy, assessment, collection and enforcement of any tax;
       (b) foreign exchange, import and export across customs frontiers;
       (c) industrial and labour disputes;
       ; "
       (d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modifica

Art.324 Superintendence, direction and control of elections to be vested in an Election Commission

       (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 1[***] shall be vested in a Commission (referred to in this Constitution as the Election Commission).
       (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
       (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as

Art.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

       There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

Art.326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

       The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 1[eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
       ------------------------------
       1. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, sec. 2, for “twenty-one years” (w.e.f. 28-3-1989).
       ------------------------------
    

Art.327 Power of Parliament to make provision with respect to elections to Legislatures

       Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.

Art.328 Power of Legislature of a State to make provision with respect to elections to such Legislature

       Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.

Art.329 Bar to interference by courts in electoral matters

       1[Notwithstanding anything in this Constitution 2[***]]
       (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court;
       (b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
       ----------------------------
       1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, sec. 3, for certain words (w.e.f. 10-8-1975).
   &nbs

Art.329(a) Special provision as to elections to Parliament in the case of Prime Minister and Speaker

       [Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 36 (w.e.f. 20-6-1979).]]
       ----------------------------
        1. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, sec. 4 (w.e.f. 10-8-1975).
       ----------------------------

Art.330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

       (1) Seats shall be reserved in the House of the People for—
       (a) the Scheduled Castes;
       1[(b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and]
       (c) the Scheduled Tribes in the autonomous districts of Assam.
       (2) The number of seats reserved in any State 2[or Union territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State 3[or Union territory] in the House of the People as the population of the Scheduled Castes in the State 2[or Union territory] or of the Scheduled Tribes in the State 2[or Union territory] or part of the State 3[or Union territory], as the case may be, in respect

Art.331 Representation of the Anglo-Indian community in the House of the People

       Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the people, nominate not more than two members of that community to the House of the People.

Art.332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

       (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, 1[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State 2[***].
       (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.
       (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved bears to the total population of the State.
       3[(3A) Notwithstanding anythin

Art.333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States

       Notwithstanding anything in article 170, the Governor 1[***] of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, 2[nominate one member of that community to the Assembly].
       -----------------------
       1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
       2. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, sec. 4, for certain words (w.e.f. 23-1-1970).
       -----------------------

Art.334 Reservation of seats and special representation to cease after 1[sixty years]

       Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—
       (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
       (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,
       shall cease to have effect on the expiration of a period of 1[sixty years] from the commencement of this Constitution:
       Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case

Art.335 Claims of Scheduled Castes and Scheduled Tribes to services and posts

       The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State:
       1[Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.]
       ----------------------------
        1. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, sec. 2 (w.e.f. 8-9-2000

Art.336 Special provision for Anglo-Indian community in certain services

       (1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.
       During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent than the numbers so reserved during the immediately preceding period of two years:
       Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.
       (2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in

Art.337 Special provision with respect to educational grants for the benefit of Anglo-Indian community

       During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State 1[***] for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.
       During every succeeding period of three years the grants may be less by ten per cent than those for the immediately preceding period of three years:
       Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:
       Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent of annual

Art.338 National Commission for Scheduled Castes]

       2[3[(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.
       (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.]
       (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
       (4) The Commission shall have the power to regulate its own procedure.
       (5) It shall be the duty of the Commission—
     &

Art.338(a) National Commission for Scheduled Tribes

       (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.
       (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may be rule determine.
       (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
       (4) The Commission shall have the power to regulate its own procedure.
       (5) It shall be the duty of the Commission—
      

Art.339 Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

       (1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States 1[***].
       The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.
       (2) The executive power of the Union shall extend to the giving of directions to 2[a State] as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.
       ---------------------------------
       1. The words and letters “specif

Art.340 Appointment of a Commission to investigate the conditions of backward classes

       (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.
       (2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.
     &nbs

Art.341 Scheduled Castes

       (1) The President 1[may with respect to any State 2[or Union territory], and where it is a State 3[***], after consultation with the Governor 4[***] thereof], by public notification5, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 2[or Union territory, as the case may be].
       (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
       -------------------------------
       1. Subs. by t

Art.342 Scheduled Tribes

       (1) The President 1[may with respect to any State 2[or Union territory], and where it is a State 3[***], after consultation with the Governor 4[***] thereof], by public notification5, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 6[or Union territory, as the case may be].
       (2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
       -------------------------------
      &nb

Art.343 Official language of the Union

       (1) The official language of the Union shall be Hindi in Devanagari script.
       The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.
       (2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:
       Provided that the President may, during the said period, by order1 authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.
      &n

Art.344 Commission and Committee of Parliament on official language

       (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.
       "
       (2) It shall be the duty of the Commission to make recommendations to the President as to—
       (a) the progressive use of the Hindi language for the official purposes of the Union;
       (b) restrictions on the use of the English language for all or any of the official purposes of the Union;
    &nb

Art.345 Official language or languages of a State

       Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:
       Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.

Art.346 Official language for communication between one State and another or between a State and the Union

       The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:
       Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

Art.347 Special provision relating to language spoken by a section of the population of a State

       On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.

Art.348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

       (1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—
       (a) all proceedings in the Supreme Court and in every High Court,
       (b) the authoritative texts—
       (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
       (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor 1[***] of a State, and
       (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,
  

Art.349 Special procedure for enactment of certain laws relating to language

       During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause (1) of article 344 and the report of the Committee constituted under clause (4) of that article.

Art.350 Language to be used in representations for redress of grievances

       Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

Art.350(a) Facilities for instruction in mother-tongue at primary stage

       It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.]
       ---------------------------
       1. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 21 (w.e.f. 1-11-1956).
       ---------------------------
        

Art.350(b) Special Officer for linguistic minorities

       (1) There shall be a Special Officer for linguistic minorities to be appointed by the President.
       (2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.]
       ---------------------------
       1. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 21 (w.e.f. 1-11-1956).
       ---------------------------

Art.351 Directive for development of the Hindi language

       It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

Art.352 Proclamation of Emergency

       (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed rebellion,] he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation].
       3[Explanation.—A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.]
       4[(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation.
  

Art.353 Effect of Proclamation of Emergency

       While a Proclamation of Emergency is in operation, then—
       (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;
        "
       (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List:
       1[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—
&

Art.354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation

       (l) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit.
       (2) Every order made under clause (l) shall, as soon as may be after it is made, be laid before each House of Parliament.

Art.355 Duty of the Union to protect States against external aggression and internal disturbance

       It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.

Art.356 Provisions in case of failure of constitutional machinery in States

       (1) If the President, on receipt of report from the Governor 1[***] of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
       (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 2[***] or any body or authority in the State other than the Legislature of the State;
       (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
       (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Pro

Art.357 Exercise of legislative powers under Proclamation issued under article 356

       (1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent—
       (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;
       (b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;
     

Art.358 Suspension of provisions of article 19 during emergencies

       1[(1)] 2[While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:
       3[Provided that 4[where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory i

Art.359 Suspension of the enforcement of the rights conferred by Part III during emergencies

       (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of 1[the rights conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
       2[(1A) While an order made under clause (1) mentioning any of 1[the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any la

Art.359(a) Application of this Part to the State of Punjab

       [Rep. by the Constitution (Sixty-third Amendment) Act, 1989, sec. 3 (w.e.f. 6-1-1990).]]
       -------------------------
        1. Ins. by the Constitution (Fifty-ninth Amendment) Act, 1988, sec. 3 (w.e.f. 30-3-1988).
       -------------------------

Art.360 Provisions as to financial emergency

       (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
       1[(2) A Proclamation issued under clause (1)—
       (a) may be revoked or varied by a subsequent Proclamation;
       (b) shall be laid before each House of Parliament;
       (c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
       Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the Pe

Art.361 Protection of President and Governors and Rajpramukhs

       (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:
       Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61:
       Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.
       (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor 1[

Art.361(a) Protection of publication of proceedings of Parliament and State Legislatures

       (1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:
       Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.
       (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matter

Art.361(b) Disqualification for appointment on remunerative political post

       A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.
       Explanation.—For the purpose of this article,—
       (a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule;
       (b) the expression “remunerative political post” means any office—
       (i) under the Government of India or the Government of a St

Art.362 Rights and privileges of Rulers of Indian States

       [Rep. by the Constitution (Twenty-sixth Amendment) Act, 1971, sec. 2 (w.e.f. 28-12-1971).]

Art.363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

       (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument.
       (2) In this article—
       (a)

Art.363(a) Recognition granted to Rulers of Indian States to cease and privy purses to be abolished

       Notwithstanding anything in this Constitution or in any law for the time being in force—
       (a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler;
       (b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person s

Art.364 Special provisions as to major ports and aerodromes

       (1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification—
       (a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or
       (b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.
       (2) In this article—
       (a) “major port” means a port declared

Art.365 Effect of failure to comply with, or to give effect to, directions given by the Union

       Where any State has failed to comply with, or to give effect to any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.

Art.366 Definitions

       In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
       (1) “agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax;
       (2) “an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only;
       (3) “article” means an article of this Constitution;
       ) “borrow” includes the raising of money by the grant of annuities, and “loan” s

Art.367 Interpretation

       (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.
       (2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State 1[***], shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor 2[***], as the case may be.
       (3) For the purposes of this Constitution “foreign State” means any State other than India:
       Provided that, subject to the provisions of any law made by Parliament, the President may by or

Art.368 [Power of Parliament to amend the Constitution and procedure therefor]

       2[(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.]
       3[(2)] An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, 4[it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill:
       Provided that if such amendment seeks to make any change in—
      

Art.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

       Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—
       (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
       (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of thos

Art.370 Temporary provisions with respect to the State of Jammu and Kashmir

       (1) Notwithstanding anything in this Constitution,—
       (a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir; †
       (b) the power of Parliament to make laws for the said State shall be limited to—
       (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
       (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
  &

Art.371 Special provision with respect to the States of 2[***] Maharashtra and Gujarat

       3[***]
       (2) Notwithstanding anything in this Constitution, the President may by order made with respect to 4[the State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for—
       (a) the establishment of separate development boards for Vidarbha, Marathwada, 5[and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;
       (b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and
       (c) an equitable arrangement providing adequate facilities for technical education a

Art.371(a) Special provision with respect to the State of Nagaland

       (1) Notwithstanding anything in this Constitution,—
       (a) no Act of Parliament in respect of—
       (i) religious or social practices of the Nagas,
       (ii) Naga customary law and procedure,
       , "
       (iii) administration of civil and criminal justice involving decisions according to Naga customary law,
       (iv) ownership and transfer of land and its resources,
       shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
       (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State

Art.371(b) Special provision with respect to the State of Assam

       Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in 2[Part I] of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.]
       --------------------------------
        1. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, sec. 4 (w.e.f. 25-9-1979).
        2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),

Art.371(c) Special provision with respect to the State of Manipur

       (1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.
       (2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
  &nb

Art.371(d) Special provisions with respect to the State of Andhra Pradesh

       (1) The President may, by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. ) An order made under clause (1) may, in particular,—
       (a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principal and procedure as may be specified in the order the persons holding such post to the local cadres so organised;
       (b) specify any part or parts of

Art.371(e) Establishment of Central University in Andhra Pradesh

       Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.]
       --------------------------------
        1. Ins. by the Constitution (Thirty-second Amendment) Act, 1973, sec. 3 (w.e.f. 1-7-1974).
       --------------------------------

Art.371(f) Special provisions with respect to the State of Sikkim

       Notwithstanding anything in this Constitution,—
       (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
       (b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)—
       (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections) hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
       (ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Con

Art.371(g) Special provision with respect to the State of Mizoram

       Notwithstanding in this Constitution,—
       (a) no Act of Parliament in respect of—
       (i) religious or social practices of the Mizos,
       (ii) Mizo customary law and procedure,
       (iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
       (iv) ownership and transfer of land,
       shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
       Provided that nothing in this clause shall apply to any Central Act in force in the Union Territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Am

Art.371(h) Special provision with respect to the State of Arunachal Pradesh

       Notwithstanding anything in this Constitution—
       (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
       Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
       

Art.371(i) Special provision with respect to the State of Goa

       Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.]
       ------------------------
        1. Ins. by the Constitution (Fifty-sixth Amendment) Act, 1987, sec. 2 (w.e.f. 30-5-1987).
       ------------------------

Art.372 Continuance in force of existing laws and their adaptation

       (1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.
       (2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order1 make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be quest

Art.372(a) Power of the President to adapt laws

       (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order2 made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
       (2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said cla

Art.373 Power of President to make order in respect of persons under preventive detention in certain cases

       Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.

Art.374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council

       (1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court.
       (2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.
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Art.375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution

       All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.

Art.376 Provisions as to Judges of High Courts

       (1) Notwithstanding anything in clause (2) of article 217, the Judges of High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the Judges of such High Court. 1[Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.]
       (2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Const

Art.377 Provisions as to Comptroller and Auditor-General of India

       The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) or article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.

Art.378 Provisions as to Public Service Commissions

       (1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the Proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
       (2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Serv

Art.378(a) Special provisions as to duration of Andhra Pradesh Legislative Assembly

       Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of section 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.]
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        1. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 24 (w.e.f. 1-11-1956).
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Art.379 .

[Rep. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch. (w.e.f. 1-11-1956).]

Art.379 to 391 Repealed

[Rep. by the Constitution (Seventh Amendment) Act, 1956, sec, 29 and Schedule (w.e.f. 1-11-1956)].

Art.392 Power of the President to remove difficulties

       (1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by any of modification, addition or omission, as he may deem to be necessary or expedient:
       Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.
       (2) Every order made under clause (1) shall be laid before Parliament.
       (3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of th

Art.393 Short title

       This Constitution may be called the Constitution of India.

Art.394 Commencement

       This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.

Art.394(a) Authoritative text in the Hindi language

       (1) The President shall cause to be published under his authority—
       (a) the translation of this Constitution in the Hindi language, signed by members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and
       (b) the translation in the Hindi language of every amendment of this Constitution made in the English language.
       (2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part o

Art.395 Repeals]

The Indian Independence Act, 1947 and the Government of India Act, 1935, togetherwith all enactments amending or supplementing the latter Act, but not includingthe Abolition of Privy Council Jurisdiction Act, 1949 are hereby repealed.

Legal Commentary on Article 395 of the Constitution of India

Introduction

Article 395 of the Indian Constitution serves as a crucial repeals provision, marking the culmination of the constitutional transition from colonial laws to the new legal framework established by the Constitution. It ensures the abolition of pre-independence laws enacted by colonial authorities, thereby affirming India's sovereignty and legal independence.

What does Article 395 Say

Article 395 states that the Indian Independence Act, 1947, the Government of India Act, 1935, and all enactments amending or supplementing these Acts are repealed. This provision effectively nullifies colonial-era laws, replacing them with the constitutional order.

Essential Ingredients

• Repeal of the Indian Independence Act, 1947
• Repeal of the Government of India Act, 1935
• Repeal of all amendments or supplementary enactments to these Acts
• Establishment of the Constitution as the supreme legal authority