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e7474170ecfd-0 | THE CONSTITUTION OF INDIA
[As on 26th November, 2021]
PREFACE
This is the fifth pocket size edition of the Constitution of India in the
diglot form. In this edition, the text of the Constitution of India has been
brought up-to-date by incorporating therein all the amendments up to the
Constitution (One Hundred and Fifth Amendment) Act, 2021. The foot notes
below the text indicate the Constitution Amendment Acts by which such
amendments have been made.
The Constitution (One Hundredth Amendments) Act, 2015 containing
details of acquired and transferred territories between the Governments of
India and Bangladesh has been provided in APPENDIX I.
The Constitution (Application to Jammu and Kashmir) Order, 2019 and
the declaration under article 370(3) of the Constitution have been provided
respectively in Appendix II and Appendix III for reference.
New Delhi;
Dr. Reeta Vasishta,
Secretary to the Government of India.
2
THE CONSTITUTION OF INDIA
____________
PREAMBLE
CONTENTS
__________
PART I
THE UNION AND ITS TERRITORY
ARTICLES
Name and territory of the Union.
1.
2.
Admission or establishment of new States.
[2A. Sikkim to be associated with the Union.—Omitted.]
3.
Formation of new States and alteration of areas, boundaries or
names of existing States. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-1 | [2A. Sikkim to be associated with the Union.—Omitted.]
3.
Formation of new States and alteration of areas, boundaries or
names of existing States.
4.
5.
6.
7.
8.
Laws made under articles 2 and 3 to provide for the amendment of
the First and the Fourth Schedules and supplemental, incidental
and consequential matters.
PART II
CITIZENSHIP
Citizenship at the commencement of the Constitution.
Rights of citizenship of certain persons who have migrated to
India from Pakistan.
Rights of citizenship of certain migrants to Pakistan.
Rights of citizenship of certain persons of Indian origin residing
outside India.
3
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
21A.
22.
23.
24.
25.
26.
27.
28.
Persons voluntarily acquiring citizenship of a foreign State not to
be citizens.
Continuance of the rights of citizenship.
Parliament to regulate the right of citizenship by law.
PART III
FUNDAMENTAL RIGHTS
General
Definition.
Laws inconsistent with or in derogation of the fundamental
rights.
Right to Equality
Equality before law.
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
Equality of opportunity in matters of public employment.
Abolition of Untouchability.
Abolition of titles.
Right to Freedom
Protection of certain rights regarding freedom of speech, etc.
Protection in respect of conviction for offences.
Protection of life and personal liberty.
Right to education. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-2 | Right to Freedom
Protection of certain rights regarding freedom of speech, etc.
Protection in respect of conviction for offences.
Protection of life and personal liberty.
Right to education.
Protection against arrest and detention in certain cases.
Right against Exploitation
Prohibition of traffic in human beings and forced labour.
Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
Freedom of conscience and free profession, practice and
propagation of religion.
Freedom to manage religious affairs.
Freedom as to payment of taxes for promotion of any particular
religion.
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
4
Cultural and Educational Rights
29.
30.
Protection of interests of minorities.
Right of minorities to establish and administer educational
institutions.
[31.
Compulsory acquisition of property. —Omitted.]
Saving of Certain Laws
Saving of Laws providing for acquisition of estates, etc.
Validation of certain Acts and Regulations.
Saving of laws giving effect to certain directive principles.
Saving of laws in respect of anti-national activities.—Omitted.]
Right to Constitutional Remedies
Remedies for enforcement of rights conferred by this Part.
Constitutional validity of State laws not to be considered in
proceedings under article 32.—Omitted.]
Power of Parliament to modify the rights conferred by this Part
in their application to Forces, etc.
Restriction on rights conferred by this Part while martial law is
in force in any area.
Legislation to give effect to the provisions of this Part.
PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
Definition.
Application of the principles contained in this Part.
State to secure a social order for the promotion of welfare of the
people.
Certain principles of policy to be followed by the State. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-3 | Application of the principles contained in this Part.
State to secure a social order for the promotion of welfare of the
people.
Certain principles of policy to be followed by the State.
Equal justice and free legal aid.
31A.
31B.
31C.
[31D.
32.
[32A.
33.
34.
35.
36.
37.
38.
39.
39A.
5
40.
41.
42.
43.
43A.
43B.
44.
45.
46.
47.
48.
48A.
49.
50.
51.
Organisation of village panchayats.
Right to work, to education and to public assistance in certain
cases.
Provision for just and humane conditions of work and maternity
relief.
Living wage, etc., for workers.
Participation of workers in management of Industries.
Promotion of co-operative societies.
Uniform civil code for the citizens.
Provision for early childhood care and education to children
below the age of six years.
Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.
Duty of the State to raise the level of nutrition and the standard
of living and to improve public health.
Organisation of agriculture and animal husbandry.
Protection and improvement of environment and safeguarding of
forests and wild life.
Protection of monuments and places and objects of national
importance.
Separation of judiciary from executive.
Promotion of international peace and security.
PART IVA
FUNDAMENTAL DUTIES
51A.
Fundamental duties.
PART V
THE UNION | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-4 | Promotion of international peace and security.
PART IVA
FUNDAMENTAL DUTIES
51A.
Fundamental duties.
PART V
THE UNION
CHAPTER I.THE EXECUTIVE
The President and Vice-President
52.
53.
54.
The President of India.
Executive power of the Union.
Election of President.
6
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
Manner of election of President.
Term of office of President.
Eligibility for re-election.
Qualifications for election as President.
Conditions of President’s office.
Oath or affirmation by the President.
Procedure for impeachment of the President.
Time of holding election to fill vacancy in the office of President
and the term of office of person elected to fill casual vacancy.
The Vice-President of India.
The Vice-President to be ex officio Chairman of the Council of
States.
The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President.
Election of Vice-President.
Term of office of Vice-President.
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.
Oath or affirmation by the Vice-President.
Discharge of President’s functions in other contingencies.
Matters relating to, or connected with, the election of a President
or Vice-President. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-5 | Discharge of President’s functions in other contingencies.
Matters relating to, or connected with, the election of a President
or Vice-President.
Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.
Extent of executive power of the Union.
Council of Ministers
Council of Ministers to aid and advise President.
Other provisions as to Ministers.
The Attorney-General for India
Attorney-General for India.
7
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
Conduct of Government Business
Conduct of business of the Government of India.
Duties of Prime Minister as respects
information to the President, etc.
the furnishing of
CHAPTER II.PARLIAMENT
General
Constitution of Parliament.
Composition of the Council of States.
Composition of the House of the People.
Readjustment after each census.
Duration of Houses of Parliament.
Qualification for membership of Parliament.
Sessions of Parliament, prorogation and dissolution.
Right of President to address and send messages to Houses.
Special address by the President.
Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
The Chairman and Deputy Chairman of the Council of States.
Vacation and resignation of, and removal from, the office of
Deputy Chairman.
Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-6 | Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
The Speaker and Deputy Speaker of the House of the People.
Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.
Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.
8
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
Salaries and allowances of the Chairman and Deputy Chairman
and the Speaker and Deputy Speaker.
Secretariat of Parliament.
Conduct of Business
Oath or affirmation by members.
Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.
Disqualifications of Members
Vacation of seats.
Disqualifications for membership.
Decision on questions as to disqualifications of members.
Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its
Members | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-7 | Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its
Members
Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.
Salaries and allowances of members.
Legislative Procedure
Provisions as to introduction and passing of Bills.
Joint sitting of both Houses in certain cases.
Special procedure in respect of Money Bills.
Definition of “Money Bills”.
Assent to Bills.
Procedure in Financial Matters
Annual financial statement.
Procedure in Parliament with respect to estimates.
Appropriation Bills.
9
115.
116.
117.
118.
119.
120.
121.
122.
123.
Supplementary, additional or excess grants.
Votes on account, votes of credit and exceptional grants.
Special provisions as to financial Bills.
Procedure Generally
Rules of procedure.
Regulation by law of procedure in Parliament in relation to
financial business.
Language to be used in Parliament.
Restriction on discussion in Parliament.
Courts not to inquire into proceedings of Parliament.
CHAPTER III.LEGISLATIVE POWERS OF THE
PRESIDENT
Power of President to promulgate Ordinances during recess of
Parliament.
CHAPTER IV. THE UNION JUDICIARY
Establishment and constitution of the Supreme Court.
124.
124A. National Judicial Appointments Commission.
124B.
124C.
125.
126.
127.
128.
129.
130.
131.
[131A.
Functions of Commission.
Power of Parliament to make law.
Salaries, etc., of Judges. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-8 | 128.
129.
130.
131.
[131A.
Functions of Commission.
Power of Parliament to make law.
Salaries, etc., of Judges.
Appointment of acting Chief Justice.
Appointment of ad hoc Judges.
Attendance of retired Judges at sittings of the Supreme Court.
Supreme Court to be a court of record.
Seat of Supreme Court.
Original jurisdiction of the Supreme Court.
Exclusive jurisdiction of the Supreme Court in regard to questions
as to constitutional validity of Central laws.Omitted.]
Appellate jurisdiction of the Supreme Court in appeals from
High Courts in certain cases.
Appellate jurisdiction of the Supreme Court in appeals from
High Courts in regard to civil matters.
132.
133.
10
134.
134A.
135.
136.
137.
138.
139.
139A.
140.
141.
142.
143.
144.
[144A.
145.
146.
147.
148.
149.
150.
151.
Appellate jurisdiction of the Supreme Court in regard to criminal
matters.
Certificate for appeal to the Supreme Court.
Jurisdiction and powers of the Federal Court under existing law
to be exercisable by the Supreme Court.
Special leave to appeal by the Supreme Court.
Review of judgments or orders by the Supreme Court.
Enlargement of the jurisdiction of the Supreme Court.
Conferment on the Supreme Court of powers to issue certain
writs.
Transfer of certain cases.
Ancillary powers of the Supreme Court.
Law declared by Supreme Court to be binding on all courts. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-9 | writs.
Transfer of certain cases.
Ancillary powers of the Supreme Court.
Law declared by Supreme Court to be binding on all courts.
Enforcement of decrees and orders of the Supreme Court and
orders as to discovery, etc.
Power of the President to consult the Supreme Court.
Civil and judicial authorities to act in aid of the Supreme
Court.
Special provisions as to disposal of questions relating to
constitutional validity of laws.Omitted.]
Rules of Court, etc.
Officers and servants and the expenses of the Supreme Court.
Interpretation.
CHAPTER V.COMPTROLLER AND AUDITOR-
GENERAL OF INDIA
Comptroller and Auditor-General of India.
Duties and powers of the Comptroller and Auditor-General.
Form of accounts of the Union and of the States.
Audit reports.
PART VI
THE STATES
CHAPTER I. GENERAL
11
152.
Definition.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.
CHAPTER II. THE EXECUTIVE
The Governor
Governors of States.
Executive power of State.
Appointment of Governor.
Term of office of Governor.
Qualifications for appointment as Governor.
Conditions of Governor’s office.
Oath or affirmation by the Governor.
the Governor
the functions of
Discharge of
contingencies.
Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.
Extent of executive power of the State.
in certain
Council of Ministers
Council of Ministers to aid and advise Governor. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-10 | or commute sentences in certain cases.
Extent of executive power of the State.
in certain
Council of Ministers
Council of Ministers to aid and advise Governor.
Other provisions as to Ministers.
The Advocate-General for the State
165.
Advocate-General for the State.
Conduct of Government Business
Conduct of business of the Government of a State.
Duties of Chief Minister as respects
information to Governor, etc.
the furnishing of
CHAPTER III.THE STATE LEGISLATURE
General
Constitution of Legislatures in States.
Abolition or creation of Legislative Councils in States.
166.
167.
168.
169.
12
170.
Composition of the Legislative Assemblies.
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
187.
188.
189.
Composition of the Legislative Councils.
Duration of State Legislatures.
Qualification for membership of the State Legislature.
Sessions of the State Legislature, prorogation and dissolution.
Right of Governor to address and send messages to the House or
Houses.
Special address by the Governor.
Rights of Ministers and Advocate-General as respects the
Houses.
Officers of the State Legislature
The Speaker and Deputy Speaker of the Legislative Assembly.
Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.
Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-11 | Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.
The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
The Chairman and Deputy Chairman of the Legislative Council.
Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.
Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
Salaries and allowances of the Speaker and Deputy Speaker and
the Chairman and Deputy Chairman.
Secretariat of State Legislature.
Conduct of Business
Oath or affirmation by members.
Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.
Disqualifications of Members
13
190.
191.
192.
193.
Vacation of seats.
Disqualifications for membership.
Decision on questions as to disqualifications of members.
Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and
their Members
194.
Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof.
195.
Salaries and allowances of members.
Legislative Procedure
196.
197.
198.
199.
200.
201.
202.
203.
204.
205. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-12 | Legislative Procedure
196.
197.
198.
199.
200.
201.
202.
203.
204.
205.
206.
207.
208.
209.
Provisions as to introduction and passing of Bills.
Restriction on powers of Legislative Council as to Bills other
than Money Bills.
Special procedure in respect of Money Bills.
Definition of “Money Bills”.
Assent to Bills.
Bills reserved for consideration.
Procedure in Financial Matters
Annual financial statement.
Procedure in Legislature with respect to estimates.
Appropriation Bills.
Supplementary, additional or excess grants.
Votes on account, votes of credit and exceptional grants.
Special provisions as to financial Bills.
Procedure Generally
Rules of procedure.
Regulation by law of procedure in the Legislature of the State in
14
210.
211.
212.
relation to financial business.
Language to be used in the Legislature.
Restriction on discussion in the Legislature.
Courts not to inquire into proceedings of the Legislature.
CHAPTER IV.LEGISLATIVE POWER OF THE
GOVERNOR
213.
Power of Governor to promulgate Ordinances during recess of
Legislature.
CHAPTER V.THE HIGH COURTS IN THE
STATES
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224.
High Courts for States.
High Courts to be courts of record.
Constitution of High Courts.
Appointment and conditions of the office of a Judge of a High
Court.
Application of certain provisions relating to Supreme Court to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-13 | Court.
Application of certain provisions relating to Supreme Court to
High Courts.
Oath or affirmation by Judges of High Courts.
Restriction on practice after being a permanent Judge.
Salaries, etc., of Judges.
Transfer of a Judge from one High Court to another.
Appointment of acting Chief Justice.
Appointment of additional and acting Judges.
224A.
Appointment of retired Judges at sittings of High Courts.
225.
226.
[226A.
227.
228.
Jurisdiction of existing High Courts.
Power of High Courts to issue certain writs.
Constitutional validity of Central laws not to be considered in
proceedings under article 226.Omitted.]
Power of superintendence over all courts by the High Court.
Transfer of certain cases to High Court.
15
[228A.
229.
230.
231.
[232.
233.
233A.
234.
235.
236.
237.
Special provisions as to disposal of questions relating to
constitutional validity of State laws.Omitted.]
Officers and servants and the expenses of High Courts.
Extension of jurisdiction of High Courts to Union territories.
Establishment of a common High Court for two or more States.
Articles 230, 231 and 232 substituted by articles 230 and 231].
CHAPTER VI.SUBORDINATE COURTS
Appointment of district judges.
Validation of appointments of, and judgments, etc., delivered by,
certain district judges.
Recruitment of persons other than district judges to the judicial
service.
Control over subordinate courts.
Interpretation. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-14 | certain district judges.
Recruitment of persons other than district judges to the judicial
service.
Control over subordinate courts.
Interpretation.
Application of the provisions of this Chapter to certain class or
classes of magistrates.
[PART VII.—Omitted]
[238.
THE STATES IN PART B OF THE FIRST SCHEDULE
Omitted.]
PART VIII
THE UNION TERRITORIES
239.
239A.
239AA.
239AB.
239B.
240.
241.
[242.
Administration of Union territories.
Creation of local Legislatures or Council of Ministers or both for
certain Union territories.
Special provisions with respect to Delhi.
Provision in case of failure of constitutional machinery.
Power of administrator to promulgate Ordinances during recess
of Legislature.
Power of President to make regulations for certain Union
territories.
High Courts for Union territories.
Coorg.Omitted.]
16
PART IX
THE PANCHAYATS
Definitions.
Gram Sabha.
Constitution of Panchayats.
Composition of Panchayats.
Reservation of seats.
Duration of Panchayats, etc.
Disqualifications for membership.
Powers, authority and responsibilities of Panchayats.
Powers to impose taxes by, and Funds of, the Panchayats.
to review financial
Constitution of Finance Commission
position.
Audit of accounts of Panchayats.
Elections to the Panchayats.
Application to Union territories.
Part not to apply to certain areas.
Continuance of existing laws and Panchayats.
243.
243A. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-15 | Application to Union territories.
Part not to apply to certain areas.
Continuance of existing laws and Panchayats.
243.
243A.
243B.
243C.
243D.
243E.
243F.
243G.
243H.
243-I.
243J.
243K.
243L.
243M.
243N.
243-O. Bar to interference by courts in electoral matters.
243P.
243Q.
243R.
243S.
243T.
243U.
243V.
PART IXA
THE MUNICIPALITIES
Definitions.
Constitution of Municipalities.
Composition of Municipalities.
Constitution and composition of Wards Committees, etc.
Reservation of seats.
Duration of Municipalities, etc.
Disqualifications for membership.
17
243W.
Powers, authority and responsibilities of Municipalities, etc.
243X.
243Y.
243Z.
Power to impose taxes by, and Funds of, the Municipalities.
Finance Commission.
Audit of accounts of Municipalities.
243ZA.
Elections to the Municipalities.
243ZB. Application to Union territories.
243ZC.
Part not to apply to certain areas.
243ZD.
243ZE.
243ZF.
243ZG.
Committee for district planning.
Committee for Metropolitan planning.
Continuance of existing laws and Municipalities.
Bar to interference by courts in electoral matters.
PART IXB
THE CO-OPERATIVE SOCIETIES
243ZH. Definitions.
243Z-I.
Incorporation of co-operative societies.
Number and term of members of board and its office bearers.
243ZJ. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-16 | 243ZH. Definitions.
243Z-I.
Incorporation of co-operative societies.
Number and term of members of board and its office bearers.
243ZJ.
243ZK. Election of members of board.
Supersession and suspension of board and interim management.
243ZL.
243ZM. Audit of accounts of co-operative societies.
243ZN. Convening of general body meetings.
243Z-O. Right of a member to get information.
243ZP. Returns.
243ZQ. Offences and penalties.
243ZR. Application to multi-State co-operative societies.
243ZS. Application to Union territories.
243ZT. Continuance of existing laws.
PART X
THE SCHEDULED AND TRIBAL AREAS
18
244.
244A.
Administration of Scheduled Areas and Tribal Areas.
Formation of an autonomous State comprising certain tribal
areas in Assam and creation of local Legislature or Council of
Ministers or both therefor.
PART XI
RELATIONS BETWEEN THE UNION AND THE
STATES
CHAPTER I.LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245.
246.
246A.
247.
248.
249.
250.
251.
252.
253.
254.
255.
the
laws made by Parliament and by
Extent of laws made by Parliament and by the Legislatures of
States.
Subject-matter of
Legislatures of States.
Special provision with respect to goods and services tax.
Power of Parliament to provide for the establishment of certain | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-17 | Legislatures of States.
Special provision with respect to goods and services tax.
Power of Parliament to provide for the establishment of certain
additional courts.
Residuary powers of legislation.
Power of Parliament to legislate with respect to a matter in the
State List in the national interest.
Power of Parliament to legislate with respect to any matter in the
State List if a Proclamation of Emergency is in operation.
Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.
Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.
Legislation for giving effect to international agreements.
Inconsistency between laws made by Parliament and laws made
by the Legislatures of States.
Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.
CHAPTER II. ADMINISTRATIVE RELATIONS
General
256.
257.
Obligation of States and the Union.
Control of the Union over States in certain cases.
19
[257A. Assistance to States by deployment of armed forces or other
258.
258A.
[259.
260.
261.
262.
forces of the Union.Omitted.]
Power of the Union to confer powers, etc., on States in certain
cases.
Power of the States to entrust functions to the Union.
Armed Forces
Schedule.Omitted.]
Jurisdiction of the Union in relation to territories outside India.
Public acts, records and judicial proceedings. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-18 | Armed Forces
Schedule.Omitted.]
Jurisdiction of the Union in relation to territories outside India.
Public acts, records and judicial proceedings.
in Part B of
in States
the First
Disputes relating to Waters
Adjudication of disputes relating to waters of inter-State rivers
or river valleys.
Co-ordination between States
263.
Provisions with respect to an inter-State Council.
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.FINANCE
General
Interpretation.
Taxes not to be imposed save by authority of law.
Consolidated Funds and public accounts of India and of the
States.
Contingency Fund.
Distribution of Revenues between the Union and the States
Duties levied by the Union but collected and appropriated by the
States.
Service tax levied by Union and collected by the Union and the
States.Omitted.]
Taxes levied and collected by the Union but assigned to the
States.
Levy and collection of goods and services tax in course of inter-
State trade or commerce.
Taxes levied and distributed between the Union and the States.
Surcharge on certain duties and taxes for purposes of the Union.
Taxes which are levied and collected by the Union and may be
264.
265.
266.
267.
268.
[268A.
269.
269A.
270.
271.
[272.
20
273.
274.
275.
276.
277.
[278.
279.
distributed between the Union and the States.Omitted.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-19 | 20
273.
274.
275.
276.
277.
[278.
279.
distributed between the Union and the States.Omitted.]
Grants in lieu of export duty on jute and jute products.
Prior recommendation of President required to Bills affecting
taxation in which States are interested.
Grants from the Union to certain States.
Taxes on professions, trades, callings and employments.
Savings.
Agreement with States in Part B of the First Schedule with
regard to certain financial matters.Omitted.]
Calculation of “net proceeds”, etc.
279A.
Goods and Services Tax Council.
280.
281.
282.
283.
284.
285.
286.
287.
288.
289.
290.
Finance Commission.
Recommendations of the Finance Commission.
Miscellaneous Financial Provisions
Expenditure defrayable by the Union or a State out of its
revenues.
Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts.
Custody of suitors’ deposits and other moneys received by
public servants and courts.
Exemption of property of the Union from State taxation.
Restrictions as to imposition of tax on the sale or purchase of
goods.
Exemption from taxes on electricity.
Exemption from taxation by States in respect of water or
electricity in certain cases. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-20 | goods.
Exemption from taxes on electricity.
Exemption from taxation by States in respect of water or
electricity in certain cases.
Exemption of property and income of a State from Union
taxation.
Adjustment in respect of certain expenses and pensions.
290A.
Annual payment to certain Devaswom Funds.
[291.
Privy purse sums of Rulers.Omitted.]
21
CHAPTER II. BORROWING
Borrowing by the Government of India.
Borrowing by States.
CHAPTER III. PROPERTY, CONTRACTS, RIGHTS,
LIABILITIES, OBLIGATIONS AND SUITS
Succession to property, assets, rights, liabilities and obligations
in certain cases.
Succession to property, assets, rights, liabilities and obligations
in other cases.
Property accruing by escheat or lapse or as bona vacantia.
Things of value within territorial waters or continental shelf and
resources of the exclusive economic zone to vest in the Union.
Power to carry on trade, etc.
Contracts.
Suits and proceedings.
292.
293.
294.
295.
296.
297.
298.
299.
300.
CHAPTER IV. RIGHT TO PROPERTY
300A.
Persons not to be deprived of property save by authority of law.
PART XIII
TRADE, COMMERCE AND INTERCOURSE
WITHIN THE TERRITORY OF INDIA
Freedom of trade, commerce and intercourse.
Power of Parliament to impose restrictions on trade, commerce
and intercourse.
Restrictions on the legislative powers of the Union and of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-21 | and intercourse.
Restrictions on the legislative powers of the Union and of the
States with regard to trade and commerce.
Restrictions on trade, commerce and intercourse among States.
Saving of existing laws and laws providing for State monopolies.
Power of certain States in Part B of the First Schedule to
impose restrictions on trade and commerce.Omitted]
Appointment of authority for carrying out the purposes of
articles 301 to 304.
301.
302.
303.
304.
305.
[306.
307.
22
PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I. SERVICES
308.
309.
310.
311.
Interpretation.
Recruitment and conditions of service of persons serving the
Union or a State.
Tenure of office of persons serving the Union or a State.
Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.
312.
All-India services.
312A.
313.
[314.
315.
316.
317.
318.
319.
320.
321.
322.
323.
Power of Parliament to vary or revoke conditions of service of
officers of certain services.
Transitional provisions.
Provision for protection of existing officers of certain services.
Omitted.]
CHAPTER II.—PUBLIC SERVICE COMMISSIONS
Public Service Commissions for the Union and for the States.
Appointment and term of office of members. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-22 | Omitted.]
CHAPTER II.—PUBLIC SERVICE COMMISSIONS
Public Service Commissions for the Union and for the States.
Appointment and term of office of members.
Removal and suspension of a member of a Public Service
Commission.
Power to make regulations as to conditions of service of
members and staff of the Commission.
Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.
Functions of Public Service Commissions.
Power to extend functions of Public Service Commissions.
Expenses of Public Service Commissions.
Reports of Public Service Commissions.
23
PART XIVA
TRIBUNALS
323A.
323B.
Administrative tribunals.
Tribunals for other matters.
PART XV
ELECTIONS
324.
325.
326.
327.
328.
329.
Superintendence, direction and control of elections to be vested
in an Election Commission.
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.
Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.
Power of Parliament to make provision with respect to elections
to Legislatures.
Power of Legislature of a State to make provision with respect to
elections to such Legislature.
Bar to interference by courts in electoral matters.
[329A.
Special provision as to elections to Parliament in the case of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-23 | Bar to interference by courts in electoral matters.
[329A.
Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.Omitted.]
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN
CLASSES
330.
331.
332.
333.
334.
Reservation of seats for Scheduled Castes and Scheduled Tribes
in the House of the People.
Representation of the Anglo-Indian community in the House of
the People.
Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.
Representation of
Legislative Assemblies of the States.
Reservation of seats and special representation to cease after
seventy years.
the Anglo-Indian community
the
in
24
335.
336.
337.
338.
338A.
338B.
339.
340.
341.
342.
Claims of Scheduled Castes and Scheduled Tribes to services
and posts.
Special provision for Anglo-Indian community
services.
Special provision with respect to educational grants for the
benefit of Anglo-Indian Community.
National Commission for Scheduled Castes.
in certain
National Commission for Scheduled Tribes.
National Commission for Backward Classes.
Control of the Union over the administration of Scheduled Areas
and the welfare of Scheduled Tribes.
Appointment of a Commission to investigate the conditions of
backward classes.
Scheduled Castes.
Scheduled Tribes.
342A.
Socially and educationally backward classes.
PART XVII
OFFICIAL LANGUAGE
343.
344. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-24 | backward classes.
Scheduled Castes.
Scheduled Tribes.
342A.
Socially and educationally backward classes.
PART XVII
OFFICIAL LANGUAGE
343.
344.
345.
346.
347.
348.
CHAPTER I.—LANGUAGE OF THE UNION
Official language of the Union.
Commission and Committee of Parliament on official language.
CHAPTER II. REGIONAL LANGUAGES
Official language or languages of a State.
Official language for communication between one State and
another or between a State and the Union.
Special provision relating to language spoken by a section of the
population of a State.
CHAPTER III.LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC.
Language to be used in the Supreme Court and in the High
Courts and for Acts, Bills, etc.
25
349.
Special procedure for enactment of certain laws relating to
language.
CHAPTER IV.SPECIAL DIRECTIVES
350.
Language to be used in representations for redress of grievances.
350A.
Facilities for instruction in mother-tongue at primary stage.
350B.
Special Officer for linguistic minorities.
351.
Directive for development of the Hindi language.
PART XVIII
EMERGENCY PROVISIONS
Proclamation of Emergency.
Effect of Proclamation of Emergency.
Application of provisions relating to distribution of revenues
while a Proclamation of Emergency is in operation.
Duty of the Union to protect States against external aggression
and internal disturbance.
Provisions in case of failure of constitutional machinery in
States. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-25 | and internal disturbance.
Provisions in case of failure of constitutional machinery in
States.
Exercise of legislative powers under Proclamation issued under
article 356.
Suspension of provisions of article 19 during emergencies.
Suspension of the enforcement of the rights conferred by Part III
during emergencies.
Application of this Part to the State of Punjab.Omitted.]
352.
353.
354.
355.
356.
357.
358.
359.
[359A.
360.
Provisions as to financial emergency.
PART XIX
MISCELLANEOUS
Protection of President and Governors and Rajpramukhs.
Protection of publication of proceedings of Parliament and State
Legislatures.
Disqualification for appointment on remunerative political post.
Rights and privileges of Rulers of Indian States.Omitted.]
Bar to interference by courts in disputes arising out of certain
treaties, agreements, etc.
361.
361A.
361B.
[362.
363.
26
363A.
364.
365.
366.
367.
368.
Recognition granted to Rulers of Indian States to cease and privy
purses to be abolished.
Special provisions as to major ports and aerodromes.
Effect of failure to comply with, or to give effect to, directions
given by the Union.
Definitions.
Interpretation.
PART XX
AMENDMENT OF THE CONSTITUTION
Power of Parliament to amend the Constitution and procedure
therefor.
PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
369.
370. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-26 | therefor.
PART XXI
TEMPORARY, TRANSITIONAL AND
SPECIAL PROVISIONS
369.
370.
371.
371A.
371B .
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.
Temporary provisions with respect to the State of Jammu and
Kashmir.
Special provision with respect to the States of Maharashtra and
Gujarat.
Special provision with respect to the State of Nagaland.
Special provision with respect to the State of Assam.
371C.
Special provision with respect to the State of Manipur.
371D.
371E.
371F.
Special provisions with respect to the State of Andhra Pradesh or
the State of Telangana.
Establishment of Central University in Andhra Pradesh.
Special provisions with respect to the State of Sikkim.
371G.
Special provision with respect to the State of Mizoram.
371H.
Special provision with respect to the State of Arunachal Pradesh.
371-I.
Special provision with respect to the State of Goa.
371J.
372.
Special provisions with respect to the State of Karnataka.
Continuance in force of existing laws and their adaptation.
27
372A.
Power of the President to adapt laws.
373.
374.
375.
376.
377.
378.
Power of President to make order in respect of persons under
preventive detention in certain cases. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-27 | 376.
377.
378.
Power of President to make order in respect of persons under
preventive detention in certain cases.
Provisions as to Judges of the Federal Court and proceedings
pending in the Federal Court or before His Majesty in Council.
Courts, authorities and officers to continue to function subject to
the provisions of the Constitution.
Provisions as to Judges of High Courts.
Provisions as to Comptroller and Auditor-General of India.
Provisions as to Public Service Commissions.
378A.
Special provision as to duration of Andhra Pradesh Legislative
Assembly.
[379.
[380.
[381.
[382.
[383.
[384.
[385.
[386.
[387.
[388.
Provisions as to provisional Parliament and the Speaker and
Deputy Speaker thereof.Omitted.]
Provision as to President. Omitted.]
Council of Ministers of the President.Omitted.]
Provisions as to provisional Legislatures for States in Part A of
the First Schedule. -- Omitted.]
Provision as to Governors of Provinces. -- Omitted.]
Council of Ministers of the Governors.Omitted.]
Provision as to provisional Legislatures in States in Part B of the
First Schedule.Omitted.]
Council of Ministers for States in Part B of the First Schedule. -
Omitted.]
Special provision as to determination of population for the
purposes of certain elections.Omitted.]
Provisions as to the filling of casual vacancies in the provisional | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-28 | purposes of certain elections.Omitted.]
Provisions as to the filling of casual vacancies in the provisional
Parliament and provisional Legislatures of the States.
Omitted.]
[389.
Provision as to Bills pending in the Dominion Legislatures and
28
[390.
[391.
in the Legislatures of Provinces and Indian States.Omitted.]
Money received or raised or expenditure incurred between the
commencement of the Constitution and the 31st day of March,
1950. Omitted.]
Power of the President to amend the First and Fourth Schedules
in certain contingencies.Omitted.]
392.
Power of the President to remove difficulties.
PART XXII
SHORT TITLE, COMMENCEMENT,
AUTHORITATIVE TEXT
IN HINDI AND REPEALS
393.
394.
Short title.
Commencement.
394A.
Authoritative text in the Hindi language.
395.
Repeals.
SCHEDULES
FIRST SCHEDULE
I. —The States.
II. —The Union territories.
SECOND SCHEDULE
PART A—Provisions as to the President and the Governors of States.
PART B— [Omitted.]
PART C—Provisions as to the Speaker and the Deputy Speaker of the
House of the People and the Chairman and the Deputy
Chairman of the Council of States and the Speaker and
the Deputy Speaker of the Legislative Assembly and the
Chairman and the Deputy Chairman of the Legislative
Council of a State. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-29 | the Deputy Speaker of the Legislative Assembly and the
Chairman and the Deputy Chairman of the Legislative
Council of a State.
PART D— Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E— Provisions as to the Comptroller and Auditor-General of India.
29
THIRD SCHEDULE— Forms of Oaths or Affirmations.
FOURTH SCHEDULE—Allocation of seats in the Council of States.
FIFTH SCHEDULE—
Provisions as to the Administration and Control of Scheduled Areas
and Scheduled Tribes
PART A—General.
PART B—Administration and Control of Scheduled Areas and Scheduled Tribes.
PART C— Scheduled Areas.
PART D—Amendment of the Schedule.
SIXTH SCHEDULE—
Provisions as to the Administration of Tribal Areas in the States of
Assam, Meghalaya, Tripura and Mizoram.
SEVENTH SCHEDULE—
List I — Union List.
List II— State List.
List III— Concurrent List.
EIGHTH SCHEDULE— Languages.
NINTH SCHEDULE—Validation of certain Acts and Regulations.
TENTH SCHEDULE— Provisions as to disqualification on ground of defection.
ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.
TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.
APPENDICES
APPENDIX I.—The Constitution (One Hundredth Amendment) Act, 2015.
APPENDIX II.—The Constitution (Application to Jammu and Kashmir) Order, 2019. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-30 | APPENDIX II.—The Constitution (Application to Jammu and Kashmir) Order, 2019.
APPENDIX III.— Declaration under article 370(3) of the Constitution.
30
LIST OF ABBREVIATIONS USED
Art., arts. .............................................. for Article, articles.
Cl., cls. .............................................. ″ Clause, clauses.
C.O. .............................................. ″ Constitution Order.
Ins. .............................................. ″ Inserted.
P., pp. .............................................. ″ Page, pages.
Pt. .............................................. ″ Part.
Rep. .............................................. ″ Repealed.
Ss., ss. ................................................ ″ Section, sections.
Sch. ............................................... ″ Schedule.
Subs. .............................................. ″ Substituted.
w.e.f. ............................................... ″ with effect from.
w.r.e.f. ............................................ ″ with retrospective effect
from.
31
THE CONSTITUTION OF INDIA
P R EAM B LE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
into a 1 [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
India
REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the 2[unity
and integrity of the Nation]; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-31 | and to promote among them all
FRATERNITY assuring the dignity of the individual and the 2[unity
and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.2, for "SOVEREIGN
DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).
2. Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977).
32
PART I
THE UNION AND ITS TERRITORY
1. Name and territory of the Union.—(1) India, that is Bharat, shall be
a Union of States.
1[(2) The States and the territories thereof shall be as specified in the
First Schedule.]
(3) The territory of India shall comprise—
(a) the territories of the States;
2[(b) the Union territories specified in the First Schedule; and]
(c) such other territories as may be acquired.
2. Admission or establishment of new States.—Parliament may by law
admit into the Union, or establish, new States on such terms and conditions as it
thinks fit.
3 [2A. [Sikkim to be associated with the Union.].—Omitted by the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-32 | thinks fit.
3 [2A. [Sikkim to be associated with the Union.].—Omitted by the
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).]
3. Formation of new States and alteration of areas, boundaries or
names of existing States.—Parliament may by law—
(a) form a new State by separation of territory from any State or
by uniting two or more States or parts of States or by uniting any
territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
1 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2)
(w.e.f. 1-11-1956).
2. Subs. by s. 2 ibid, for sub-clause (b) (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f. 1-3-1975).
33
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-33 | 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
Legislature of that State for expressing its views thereon within such period as
may be specified in the reference or within such further period as the President
may allow and the period so specified or allowed has expired.]
3[Explanation I.—In this article, in clauses (a) to (e), “State” includes a
Union territory, but in the proviso, “State” does not include a Union territory.
Explanation II.—The power conferred on Parliament by clause (a)
includes the power to form a new State or Union territory by uniting a part of
any State or Union territory to any other State or Union territory.]
4. Laws made under articles 2 and 3 to provide for the amendment
of the First and the Fourth Schedules and supplemental, incidental and
consequential matters.—(1) Any law referred to in article 2 or article 3 shall
contain such provisions for the amendment of the First Schedule and the Fourth
Schedule as may be necessary to give effect to the provisions of the law and
may also contain such supplemental, incidental and consequential provisions
(including provisions as to representation in Parliament and in the Legislature
or Legislatures of the State or States affected by such law) as Parliament may
deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-34 | deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.
1 . Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso
(w.e.f. 24-12-1955).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2 (w.e.f. 27-8-1966).
34
PART II
CITIZENSHIP
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.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-35 | has migrated to the territory of India from the territory now included in
Pakistan shall be deemed to be a citizen of India at the commencement of this
Constitution if—
(a) he or either of his parents or any of his grand-parents was born
in India as defined in the Government of India Act, 1935 (as originally
enacted); and
(b)(i) in the case where such person has so migrated before the
nineteenth day of July, 1948, he has been ordinarily resident in the
territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen of India
by an officer appointed in that behalf by the Government of the
Dominion of India on an application made by him therefor to such
officer before the commencement of this Constitution in the form and
manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident
in the territory of India for at least six months immediately preceding the date
of his application.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-36 | 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:
35
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.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-37 | Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.
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.
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.
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.
36
PART III
FUNDAMENTAL RIGHTS
General
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.
13. Laws inconsistent with or in derogation of the fundamental
rights.—(1) All laws in force in the territory of India immediately before the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-38 | 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 of India before the
commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas.
1 [(4) Nothing in this article shall apply to any amendment of this
Constitution made under article 368.]
Right to Equality
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.
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-39 | 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—
1. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2 (w.e.f. 5-11-1971).
37
(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 the 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 article or in clause (2) of article 29 shall prevent the
State from making any special provision for the advancement of any socially
and educationally backward classes of citizens or for the Scheduled Castes and
the Scheduled Tribes.]
2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19
shall prevent the State from making any special provision, by law, for the
advancement of any socially and educationally backward classes of citizens or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-40 | advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to their admission to educational institutions including private
educational institutions, whether aided or unaided by the State, other than the
minority educational institutions referred to in clause (1) of article 30.]
3[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or
clause (2) of article 29 shall prevent the State from making,—
(a) any special provision
for
the advancement of any
than the classes
economically weaker sections of citizens other
mentioned in clauses (4) and (5); and
(b) any special provision
for
the advancement of any
economically weaker sections of citizens other than the classes
mentioned in clauses (4) and (5) in so far as such special provisions
relate to their admission to educational institutions including private
educational institutions, whether aided or unaided by the State, other
than the minority educational institutions referred to in clause (1) of
article 30, which in the case of reservation would be in addition to the
existing reservations and subject to a maximum of ten per cent. of the
total seats in each category. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-41 | existing reservations and subject to a maximum of ten per cent. of the
total seats in each category.
1. Added by the Constitution (First Amendment) Act, 1951, s. 2 (w.e.f. 18-6-1951).
2. Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).
3 . Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 2
(w.e.f. 14-1-2019).
38
Explanation.—For
this article and article 16,
"economically weaker sections" shall be such as may be notified by the State
from time to time on the basis of family income and other indicators of
economic disadvantage.]
the purposes of
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-42 | (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
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
2[(4A) Nothing in this article shall prevent the State from making any
provision for reservation 3 [in matters of promotion, with consequential
seniority, to any class] or classes of posts in the services under the State in
favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion
of the State, are not adequately represented in the services under the State.]
4[(4B) Nothing in this article shall prevent the State from considering
any unfilled vacancies of a year which are reserved for being filled up in that
year in accordance with any provision for reservation made under clause (4) or
clause (4A) as a separate class of vacancies to be filled up in any succeeding
year or years and such class of vacancies shall not be considered together with
the vacancies of the year in which they are being filled up for determining the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-43 | year or years and such class of vacancies shall not be considered together with
the vacancies of the year in which they are being filled up for determining the
ceiling of fifty per cent. reservation on total number of vacancies of that year.]
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "under
any State specified in the First Schedule or any local or other authority within its
territory, any requirement as to residence within that State" (w.e.f. 1-11-1956).
2. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).
3. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words
(retrospectively) (w.e.f. 17-6-1995).
4. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
39
(5) Nothing in this article shall affect the operation of any law which
provides that the incumbent of an office in connection with the affairs of any
religious or denominational institution or any member of the governing body
thereof shall be a person professing a particular religion or belonging to a
particular denomination.
1[(6) Nothing in this article shall prevent the State from making any | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-44 | particular denomination.
1[(6) Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any
economically weaker sections of citizens other than the classes mentioned in
clause (4), in addition to the existing reservation and subject to a maximum of
ten per cent. of the posts in each category.]
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.
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.
19. Protection of certain rights regarding freedom of speech, etc.—
(1) All citizens shall have the right—
Right to Freedom
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-45 | (1) All citizens shall have the right—
Right to Freedom
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions 2[or co-operative societies];
(d) to move freely throughout the territory of India;
1 . Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 3
(w.e.f. 14-1-2019).
2. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2 (w.e.f. 8-2-2012).
40
(e) to reside and settle in any part of the territory of India; 1[and]
2[(f)* * * * *]
(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 restrictions on the exercise of the right conferred by the
said sub-clause in the interests of 4[the sovereignty and integrity of India], the
security of the State, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.]
(3) Nothing in sub-clause (b) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-46 | of any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of 4[the sovereignty and integrity of India or]
public order, reasonable restrictions on the exercise of the right conferred by
the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of 4[the sovereignty and integrity of India or]
public order or morality, reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
(5) Nothing in 5[sub-clauses (d) and (e)] of the said clause shall affect
the operation of any existing law in so far as it imposes, or prevent the State
from making any law imposing, reasonable restrictions on the exercise of any
of the rights conferred by the said sub-clauses either in the interests of the
general public or for the protection of the interests of any Scheduled Tribe.
1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).
2. Sub-clause (f) omitted by s.2, ibid. (w.e.f. 20-6-1979). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-47 | 2. Sub-clause (f) omitted by s.2, ibid. (w.e.f. 20-6-1979).
3. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective
effect).
4. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for "sub-clauses (d),
(e) and (f)" (w.e.f. 20-6-1979).
41
(6) Nothing in sub-clause (g) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of the general public, reasonable restrictions
on the exercise of the right conferred by the said sub-clause, and, in particular,
1[nothing in the said sub-clause shall affect the operation of any existing law in
so far as it relates to, or prevent the State from making any law relating to,—
(i) the professional or technical qualifications necessary for practising
any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or
controlled by the State, of any trade, business, industry or service,
whether to the exclusion, complete or partial, of citizens or otherwise.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-48 | controlled by the State, of any trade, business, industry or service,
whether to the exclusion, complete or partial, of citizens or otherwise.]
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.
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.
2 [21A. 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.]
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-49 | 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.
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words (w.e.f. 18 -
6-1951).
2 Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (w.e.f. 1-4-2010).
42
(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 or detained under any law providing
for preventive detention.
(4) No law providing for preventive detention shall authorise the
detention of a person for a longer period than three months unless—
(a) an Advisory Board consisting of persons who are, or have been,
or are qualified to be appointed as, Judges of a High Court has reported
before the expiration of the said period of three months that there is in its
opinion sufficient cause for such detention:
Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (date yet to be
notified) as— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-50 | notified) as—
"(4) No law providing for preventive detention shall authorise the detention of a person for a
longer period than two months unless an Advisory Board constituted in accordance with the
recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of
the said period of two months that there is in its opinion sufficient cause for such detention:
Provided that an Advisory Board shall consist of a Chairman and not less than two other
members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members
shall be serving or retired Judges of any High Court :
Provided further that nothing in this clause shall authorise the detention of any person beyond the
maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).
Explanation.—In this clause, "appropriate High Court" means,—
(i) in the case of the detention of a person in pursuance of an order of detention made by
the Government of India or an officer or authority subordinate to that Government, the High Court
for the Union territory of Dehli;
(ii) in the case of the detention of a person in pursuance of an order of detention made by
the Government of any State (other than a Union territory), the High Court for that State; and
(iii) in the case of the detention of a person in pursuance of an order of detention made
by the administrator of a Union territory or an officer or authority subordinate to such
administrator, such High Court as may be specified by or under any law made by Parliament in
this behalf.".
43 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-51 | administrator, such High Court as may be specified by or under any law made by Parliament in
this behalf.".
43
Provided that nothing in this sub-clause shall authorise the detention
of any person beyond the maximum period prescribed by any law made
by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of any
law made by Parliament under sub-clauses (a) and (b) of clause (7).
(5) When any person is detained in pursuance of an order made under
any law providing for preventive detention, the authority making the order
shall, as soon as may be, communicate to such person the grounds on which the
order has been made and shall afford him the earliest opportunity of making a
representation against the order.
(6) Nothing in clause (5) shall require the authority making any such
order as is referred to in that clause to disclose facts which such authority
considers to be against the public interest to disclose.
(7) Parliament may by law prescribe—
(a) the circumstances under which, and the class or classes of cases
in which, a person may be detained for a period longer than three months
under any law providing for preventive detention without obtaining the
opinion of an Advisory Board in accordance with the provisions of sub-
clause (a) of clause (4);
(b) the maximum period for which any person may in any class or
classes of cases be detained under any law providing for preventive
detention; and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-52 | classes of cases be detained under any law providing for preventive
detention; and
(c) the procedure to be followed by an Advisory Board in an
inquiry under sub-clause (a) of clause (4).
Sub-clause (a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 3(b)(i) (date to be notified).
Sub-clause (b) shall stand re-lettered as sub-clause (a) by s. 3(b)(ii), ibid. (date to be
notified).
Sub-clause (c) shall stand re-lettered as sub-clause (b) by s. 3(b)(iii), ibid. (date to be
notified).
Sub-clause (a) of clause (4) shall stand substituted as "clause (4)" by s. 3(b)(iii), ibid.
(date to be notified).
44
Right against Exploitation
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-53 | 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.
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.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and
propagation of religion.—(1) Subject to public order, morality and health and
to the other provisions of this Part, all persons are equally entitled to freedom
of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law—
(a) regulating or restricting any economic, financial, political or
other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open
of Hindu 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.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus
shall be construed as including a reference to persons professing the Sikh, Jaina
or Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-54 | shall be construed as including a reference to persons professing the Sikh, Jaina
or Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.
26. Freedom to manage religious affairs.—Subject to public order,
morality and health, every religious denomination or any section thereof shall
have the right—
45
(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.
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.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-55 | 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.
Cultural and Educational Rights
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.
30. Right of minorities to establish and administer educational
institutions.—(1) All minorities, whether based on religion or language, shall
46
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-56 | discriminate against any educational institution on the ground that it is under
the management of a minority, whether based on religion or language.
2*
31. [Compulsory acquisition of property.].—Omitted by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
3[Saving of Certain Laws]
4[31A. Saving of laws providing for acquisition of estates, etc.—
5[(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
1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).
2. The sub-heading "Right to Property" omitted by s. 5, ibid. (w.e.f. 20-6-1979). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-57 | 2. The sub-heading "Right to Property" omitted by s. 5, ibid. (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).
4. Ins. by the Constitution (First Amendment) Act, 1951, s. 4, (with retrospective effect).
5 . Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with
retrospective effect).
47
managers of corporations, or of any voting rights of shareholders thereof,
or
(e) the extinguishment or modification of any rights accruing by
virtue of any agreement, lease or licence for the purpose of searching for,
or winning, any mineral or mineral oil, or the premature termination or
cancellation of any such agreement, lease or licence,
shall be deemed to be void on the ground that it is inconsistent with, or takes
away or abridges any of the rights conferred by 1[article 14 or article 19]:
Provided that where such law is a law made by the Legislature of a State,
the provisions of this article shall not apply thereto unless such law, having
been reserved for the consideration of the President, has received his assent:]
2 [Provided further that where any law makes any provision for the
acquisition by the State of any estate and where any land comprised therein is | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-58 | 2 [Provided further that where any law makes any provision for the
acquisition by the State of any estate and where any land comprised therein is
held by a person under his personal cultivation, it shall not be lawful for the
State to acquire any portion of such land as is within the ceiling limit applicable
to him under any law for the time being in force or any building or structure
standing thereon or appurtenant thereto, unless the law relating to the
acquisition of such land, building or structure, provides for payment of
compensation at a rate which shall not be less than the market value thereof.]
(2) In this article,—
3[(a) the expression “estate” shall, in relation to any local area, have
the same meaning as that expression or its local equivalent has in the
existing law relating to land tenures in force in that area and shall also
include—
(i) any jagir, inam or muafi or other similar grant and in the States
of 4[Tamil Nadu] and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of agriculture or for
purposes ancillary thereto, including waste land, forest land, land for
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for "article 14, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-59 | 1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for "article 14,
article 19 or article 31" (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2(i) (w.e.f. 20-6-1964).
3. Subs. by s.2(ii), ibid., for sub-clause (a) (with retrospective effect).
4. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for
"Madras" (w.e.f. 14-1-1969).
48
pasture or sites of buildings and other structures occupied by
cultivators of land, agricultural labourers and village artisans;]
(b) the expression “rights”, in relation to an estate, shall include any
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-
holder, 1[raiyat, under-raiyat] or other intermediary and any rights or
privileges in respect of land revenue.]
2 [31B. Validation of certain Acts and Regulations.—Without
prejudice to the generality of the provisions contained in article 31A, none of
the Acts and Regulations specified in the Ninth Schedule nor any of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-60 | the Acts and Regulations specified in the Ninth Schedule nor any of the
provisions 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.]
3[31C. Saving of laws giving effect to certain directive principles.—
Notwithstanding anything contained in article 13, no law giving effect to the
policy of the State towards securing 4[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 5[article 14 or article 19;]
6[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 (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-61 | 1. Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect).
2. Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951).
3. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles
specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section 4 has been
declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs Union of India
and Others, AIR 1980 SC 1789.
5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14, article
19 or article 31” (w.e.f. 20-6-1979).
6. The words in italics struck down by the Supreme Court in Kesavananda Bharati vs. State of
Kerala, AIR 1973, SC 1461.
49
131D. [Saving of laws in respect of anti-national activities.].—Omitted
by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).
Right to Constitutional Remedies | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-62 | by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).
Right to Constitutional Remedies
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.
232A. [Constitutional validity of State laws not to be considered in
proceedings under article 32.].—Omitted by the Constitution (Forty-third
Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
3[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,— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-63 | 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) person 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.]
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977).
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 6 (w.e.f. 1-2-1977).
3 . Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33
(w.e.f. 11-9-1984).
50
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-64 | 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.
35. Legislation to give effect to the provisions of this Part.—
Notwithstanding anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall not
have, power to make laws—
(i) with respect to any of the matters which under clause (3) of
article 16, clause (3) of article 32, article 33 and article 34 may be
provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared
to be offences under this Part,
and Parliament shall, as soon as may be after the commencement of this
Constitution, make laws for prescribing punishment for the acts referred
to in sub-clause (ii);
(b) any law in force immediately before the commencement of this
Constitution in the territory of India with respect to any of the matters | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-65 | Constitution in the territory of India with respect to any of the matters
referred to in sub-clause (i) of clause (a) or providing for punishment for
any act referred to in sub-clause (ii) of that clause shall, subject to the
terms thereof and to any adaptations and modifications that may be made
therein under article 372, continue in force until altered or repealed or
amended by Parliament.
Explanation.—In this article, the expression "law in force'' has the same
meaning as in article 372.
51
PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.—In this Part, unless the context otherwise requires, “the
State” has the same meaning as in Part III.
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.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-66 | 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.]
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 unsuited to their age or
strength;
1. Art. 38 renumbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f.
20-6-1979).
2. Ins. by s. 9, ibid. (w.e.f. 20-6-1979).
52
1[(f) that children are given opportunities and facilities to develop | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-67 | 52
1[(f) that children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against moral
and material abandonment.]
2[39A. Equal justice and free legal aid.—The State shall secure that the
operation of the legal system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable legislation or schemes
or in any other way, to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities.]
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.
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.
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.
43. Living wage, etc., for workers.—The State shall endeavour to
secure, by suitable legislation or economic organisation or in any other way, to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-68 | 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.
3[43A. Participation of workers in management of industries.—The
State shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or
other organisations engaged in any industry.]
1 . Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f)
(w.e.f. 3-1-1977).
2. Ins. by s. 8, ibid. (w.e.f. 3-1-1977).
3. Ins. by s. 9, ibid. (w.e.f. 3-1-1977).
53
1[43B. Promotion of co-operative societies.—The State shall endeavour
to promote voluntary formation, autonomous functioning, democratic control
and professional management of co-operative societies.]
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-69 | 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.
2[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.]
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.
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.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-70 | 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.
3[48A. Protection and improvement of environment and safeguarding
of forests and wild life.—The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.]
1. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3 (w.e.f. 15-2-2012).
2 . Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3, for art. 45
(w.e.f. 1-4-2010).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977).
54
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]
importance, from spoliation,
disfigurement, destruction, removal, disposal or export, as the case may be.
to be of national
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-71 | to be of national
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.
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.
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for "declared by
Parliament by law" (w.e.f. 1-11-1956).
55
1[PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties.—It shall be the duty of every citizen of
India—
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of
India;
(d) to defend the country and render national service when called
upon to do so;
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-72 | amongst all the people of India transcending religious, linguistic and
regional or sectional diversities; to renounce practices derogatory to the
dignity of women;
(f) to value and preserve the rich heritage of our composite
culture;
(g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for living
creatures;
(h) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels of
endeavour and achievement; ]
2[(k) who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the age of
six and fourteen years.]
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).
2. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (w.e.f. 1-4-2010).
56
PART V
THE UNION
CHAPTER I.—THE EXECUTIVE
The President and Vice-President
52. The President of India.—There shall be a President of India. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-73 | 56
PART V
THE UNION
CHAPTER I.—THE EXECUTIVE
The President and Vice-President
52. The President of India.—There shall be a President of India.
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.
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.]
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-74 | 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;
1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1 -6-1995).
Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006),
s. 3 (w.e.f. 1-10-2006).
57
(b) if, after taking the said multiples of one thousand, the remainder is
not less than five hundred, then the vote of each member referred to in
sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have
such number of votes as may be obtained by dividing the total number of
votes assigned to the members of the Legislative Assemblies of the
States under sub-clauses (a) and (b) by the total number of the elected
members of both Houses of Parliament, fractions exceeding one-half | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-75 | States under sub-clauses (a) and (b) by the total number of the elected
members of both Houses of Parliament, fractions exceeding one-half
being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the
system of proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
1[Explanation.—In this article, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2[2026] have been
published, be construed as a reference to the 1971 census.]
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, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-76 | 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.
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the Explanation
(w.e.f. 3-1-1977).
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000" (w.e.f. 21-
2-2002).
58
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.
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-77 | 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 for the Union or for any State.
59. Conditions of President's office.—(1) The President shall not be a
member of either House of Parliament or of a House of the Legislature of any
State, and if a member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his office as
President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of
his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-78 | (4) The emoluments and allowances of the President shall not be
diminished during his term of office.
60. Oath or affirmation by the President.—Every President and every
person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief
Justice of India or, in his absence, the senior-most Judge of the Supreme Court
available, an oath or affirmation in the following form, that is to say—
1. The words "or Rajpramukh or Uparajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
59
"I, A.B., do swear in the name of God that I will faithfully execute the office
solemnly affirm
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.".
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-79 | (2) No such charge shall be preferred unless—
(a) the proposal to prefer such charge is contained in a resolution
which has been moved after at least fourteen days' notice in writing
signed by not less than one-fourth of the total number of members of the
House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority
of not less than two-thirds of the total membership of the House by which the
charge was investigated or caused to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have
the effect of removing the President from his office as from the date on which
the resolution is so passed.
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-80 | 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.
63. The Vice-President of India.—There shall be a Vice-President of India.
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 the
States and shall not hold any other office of profit:
60
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.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-81 | 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 provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-82 | 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;
(b) has completed the age of thirty-five years; and
1. Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for "members of both
Houses of Parliament assembled at a joint meeting" (w.e.f. 19-12-1961).
61
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he
holds any office of profit under the Government of India or the Government of
any State or under any local or other authority subject to the control of any of
the said Governments. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-83 | 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 for the Union or for any State.
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.
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. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-84 | (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.
69. Oath or affirmation by the Vice-President.—Every Vice-
President shall, before entering upon his office, make and subscribe before the
1. The words "or Rajpramukh or Uparajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
62
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 that I will bear true faith and
solemnly affirm
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.".
70. Discharge of President's functions in other contingencies.— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-85 | discharge the duty upon which I am about to enter.".
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.
1 [71. Matters relating to, or connected with, the election of a
President or Vice-President.—(1) All doubts and disputes arising out of or in
connection with the election of a President or Vice-President shall be inquired
into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared
void by the Supreme Court, acts done by him in the exercise and performance
of the powers and duties of the office of President or Vice-President, as the
case may be, on or before the date of the decision of the Supreme Court shall
not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law
regulate any matter relating to or connected with the election of a President or
Vice-President.
(4) The election of a person as President or Vice-President shall not be
called in question on the ground of the existence of any vacancy for whatever
reason among the members of the electoral college electing him.]
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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-86 | 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;
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f 10-8-1975) and
further subs. by
(w.e.f. 20-6-1979).
the Constitution (Forty-fourth Amendment) Act, 1978, s. 10.
63
(b) in all cases where the punishment or sentence is for an offence
against any law relating to a matter to which the executive power of the
Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to suspend,
remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the Governor 1***
of a State under any law for the time being in force.
73. Extent of executive power of the Union.—(1) Subject to the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-87 | 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 2*** to matters with respect to which the Legislature of the
State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article, continue to
exercise in matters with respect to which Parliament has power to make laws for
that State such executive power or functions as the State or officer or authority
this
thereof could exercise
Constitution.
the commencement of
immediately before
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-88 | 2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1 -11-1956).
64
Council of Ministers
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.
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.
3[(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 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-89 | 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 date on which he is declared elected,
whichever is earlier.]
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House
of the People.
(4) Before a Minister enters upon his office, the President shall administer
to him the oaths of office and of secrecy according to the forms set out for the
purpose in the Third Schedule.
1 . Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.13, for cl. (1)
(w.e.f. 3-1-1977).
2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).
65 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-90 | 3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).
65
(5) A Minister who for any period of six consecutive months is not a
member of either House of Parliament shall at the expiration of that period cease
to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament
may from time to time by law determine and, until Parliament so determines,
shall be as specified in the Second Schedule.
The Attorney-General for India
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.
Conduct of Government Business | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-91 | President, and shall receive such remuneration as the President may determine.
Conduct of Government Business
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(4) *
1. See notification No. S.O. 2297, dated the 3rd November, 1958, Gazette of India,
Extraordinary, Pt. II, Sec. 3 (ii), p. 1315, as amended from time to time.
2 . Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s.14
(w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 12 (w.e.f. 20-6-1979).
66
78. Duties of Prime Minister as respects the furnishing of information | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-92 | Act, 1978, s. 12 (w.e.f. 20-6-1979).
66
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.
CHAPTER II.—PARLIAMENT
General
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.
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]. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-93 | (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:—
Literature, science, art and social service.
1. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for "The Council of
States" (w.e.f. 1-3-1975).
2. The words "Subject to the provisions of paragraph 4 of the Tenth Schedule," omitted by the
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
3. Added by the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956).
67
(4) The representatives of each State 1*** in the Council of States shall
be elected by the elected members of the Legislative Assembly of the State in
accordance with the system of proportional representation by means of the
single transferable vote. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-94 | accordance with the system of proportional representation by means of the
single transferable vote.
(5) The representatives of the 2[Union territories] in the Council of States
shall be chosen in such manner as Parliament may by law prescribe.
3[81. Composition of the House of the People.—(1) 4[Subject to the
provisions of article 331 5***], the House of the People shall consist of—
(a) not more than 6[five hundred and thirty members] chosen by
direct election from territorial constituencies in the States, and
(b) not more than 7 [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 such
manner that the ratio between the population of each constituency and
the number of seats allotted to it is, so far as practicable, the same
throughout the State:
8[Provided that the provisions of sub-clause (a) of this clause shall not be | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-95 | throughout the State:
8[Provided that the provisions of sub-clause (a) of this clause shall not be
applicable for the purpose of allotment of seats in the House of the People to
any State so long as the population of that State does not exceed six millions.]
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956).
2. Subs. by s. 3, ibid, for "States specified in Part C of First Schedule" (w.e.f. 1-11-1956).
3. Subs. by s. 4, ibid. for arts. 81 and 82 (w.e.f. 1-11-1956).
4. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 4, for "subject to the
provisions of article 331" (w.e.f. 1-3-1975).
5 . The words and figure "and paragraph 4 of the Tenth Schedule" omitted by the
Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
6. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
"five hundred and twenty-five members" (w.e.f. 30-5-1987). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-96 | "five hundred and twenty-five members" (w.e.f. 30-5-1987).
7. Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for "twenty-five
members" (w.e.f. 17-10-1973).
8. Ins. by s. 2, ibid. (w.e.f. 17-10-1973).
68
(3) In this article, the expression “population” means the population as
ascertained at the last preceding census of which the relevant figures have been
published.
1[Provided that the reference in this clause to the last preceding census of
which the relevant figures have been published shall, until the relevant figures for
the first census taken after the year 2 [2026] have been published, 3 [be
construed,—
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to
that clause, as a reference to the 1971 census; and
(ii) for the purposes of sub-clause (b) of clause (2) as a reference to
the 4[2001] census.]]
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: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-97 | Provided that such readjustment shall not affect representation in the
House of the People until the dissolution of the then existing House:
5[Provided further that such readjustment shall take effect from such date
as the President may, by order, specify and until such readjustment takes effect,
any election to the House may be held on the basis of the territorial
constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken
after the year 6 [2026] have been published, it shall not be necessary to
7[readjust—
1. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977).
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for "2000"
(w.e.f. 21-2-2002).
3. Subs. by s.3, ibid, for certain words (w.e.f. 21-2-2002).
4. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for "1991"
(w.e.f. 22-6-2003).
5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16 (w.e.f. 3-1-1977). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-98 | 5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16 (w.e.f. 3-1-1977).
6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for "2000"
(w.e.f. 21-2-2002).
7. Subs. by s.4, ibid., for certain words (w.e.f. 21-2-2002).
69
(i) the allocation of seats in the House of the People to the States as
readjusted on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be
readjusted on the basis of the 1[2001] census,
under this article.]]
83. Duration of Houses of Parliament.—(1) The Council of States
shall not be subject to dissolution, but as nearly as possible one-third of the
members thereof shall retire as soon as may be on the expiration of every
second year in accordance with the provisions made in that behalf by
Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for
2[five years] from the date appointed for its first meeting and no longer and the
expiration of the said period of 2[five years] shall operate as a dissolution of
the House:
Provided that the said period may, while a Proclamation of Emergency is | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-99 | 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.
84. Qualification for membership of Parliament.—A person shall not
be qualified to be chosen to fill a seat in Parliament unless he—
3[(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 (Eighty-seventh Amendment) Act, 2003, s. 3, for "1991" (w.e.f.
22-6-2003).
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 17, for "five years" (w.e.f.
3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for
"six years" (w.e.f. 20-6-1979). | https://legislative.gov.in/sites/default/files/COI...pdf |
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