205

312. All-India services.—(1) Notwithstanding anything in 1[Chapter VI

of  Part  VI  or  Part  XI],  if  the  Council  of  States  has  declared  by  resolution

supported by not less than two-thirds of the members present and voting that it

is  necessary  or  expedient in  the  national  interest so  to do,  Parliament  may  by

law provide for the creation of one  or more all India services 2[(including  an

all-India judicial service)] common to the Union and the States, and, subject to

the  other  provisions  of  this  Chapter,  regulate  the  recruitment,  and  the

conditions of service of persons appointed, to any such service.

(2) The services known at the commencement of this Constitution as the

Indian Administrative Service and the Indian Police Service shall be deemed to

be services created by Parliament under this article.

2[(3)  The  all-India  judicial      service  referred  to  in  clause  (1)  shall  not

include any post inferior to that of a district judge as defined in article 236.

(4)  The  law  providing  for  the  creation  of  the  all-India  judicial  service

aforesaid  may  contain  such  provisions  for  the  amendment  of  Chapter  VI  of

Part VI as may be necessary for giving effect to the provisions of that law and

no  such  law  shall  be  deemed to  be  an amendment  of this  Constitution  for the

purposes of article 368.]

3[312A. Power of Parliament to vary or revoke conditions of service

of officers of certain services.—(1) Parliament may by law—


purposes of article 368.]

3[312A. Power of Parliament to vary or revoke conditions of service

of officers of certain services.—(1) Parliament may by law—

(a)  vary  or  revoke,  whether  prospectively  or  retrospectively,  the

conditions  of  services  as  respects  remuneration,  leave  and  pension  and

the  rights as  respects  disciplinary  matters  of  persons  who,  having  been

appointed by the Secretary of State or Secretary of State in Council to a

civil  service  of  the  Crown  in  India  before  the  commencement    of  this

Constitution,  continue  on  and  after

the

Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the

Government of India or of  a State in any service or post;

the  commencement  of

1. Subs. by the Constitution (Forty-second  Amendment)  Act, 1976,  s. 45,  for  "Part  XI"

(w.e.f. 3-1-1977).

2. Ins. by  s. 45, ibid. (w.e.f. 3-1-1977).

3. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).

206

(b)  vary  or  revoke,  whether  prospectively  or  retrospectively,  the

conditions  of  service  as respects pension  of    persons  who,  having  been

appointed by the Secretary of State or Secretary of State in Council to a

civil  service  of  the  Crown  in  India  before  the  commencement  of  this


appointed by the Secretary of State or Secretary of State in Council to a

civil  service  of  the  Crown  in  India  before  the  commencement  of  this

Constitution,  retired  or  otherwise  ceased  to  be  in  service  at  any  time

before

(Twenty-eighth

Amendment) Act, 1972:

the  commencement  of

the  Constitution

Provided that in the case of  any such person who is holding or has held

the office  of the Chief Justice or  other Judge of the Supreme Court or a High

Court,  the  Comptroller  and  Auditor-General  of  India,  the  Chairman  or  other

member  of  the  Union  or  a  State  Public  Service  Commission  or  the  Chief

Election  Commissioner,  nothing  in  sub-clause  (a)  or  sub-clause  (b)  shall  be

construed  as  empowering  Parliament to  vary  or  revoke,  after  his appointment

to such post, the conditions of his service to his disadvantage except in so far as

such  conditions  of  service  are  applicable  to  him  by  reason  of  his  being    a

person appointed by the Secretary of State or Secretary of State  in Council to a

civil service of the Crown in India.

(2)  Except  to  the  extent  provided  for  by  Parliament  by  law  under  this

article, nothing in this article shall affect the power of  any Legislature or other

authority  under  any  other    provision  of  this  Constitution  to  regulate  the

conditions  of service of persons referred to in clause (1).


authority  under  any  other    provision  of  this  Constitution  to  regulate  the

conditions  of service of persons referred to in clause (1).

(3) Neither the Supreme Court nor any other court shall have jurisdiction in—

(a)  any  dispute  arising  out  of  any  provision  of,  or  any

endorsement  on,  any  covenant,  agreement  or  other  similar  instrument

which was entered into or executed by any person referred to in     clause

(1),  or arising  out  of  any  letter  issued  to such  person,  in relation to  his

appointment to any civil service of the Crown in India or his continuance

in service under the Government of the Dominion  of India or a Province

thereof;

(b)  any  dispute  in    respect  of  any  right,  liability  or  obligation

under article 314 as originally enacted.

(4)  The  provisions  of  this  article  shall  have  effect  notwithstanding

anything in article 314 as originally enacted or in any other provision  of this

Constitution.]

207

313.  Transitional  provisions.—Until  other  provision  is  made  in  this

behalf  under  this  Constitution,  all  the  laws  in  force  immediately  before  the

commencement of this Constitution and applicable to any public service or any

post which continues to exist after the commencement of this Constitution, as

an  all-India  service  or  as  service  or  post  under  the  Union  or  a  State  shall

continue in force so far as consistent with the provisions of this Constitution.


continue in force so far as consistent with the provisions of this Constitution.

314.  [Provision  for  protection  of  existing  officers  of  certain  services.].—

Omitted  by  the  Constitution  (Twenty-eighth  Amendment)  Act,  1972,  s.  3

(w.e.f. 29-8-1972).

CHAPTER II.— PUBLIC SERVICE COMMISSIONS

315. Public Service Commissions for the Union and for the States.—

(1)  Subject  to  the  provisions  of  this  article,  there  shall  be  a  Public  Service

Commission for the Union and a Public Service Commission for each State.

(2) Two or more States may agree that there shall be one Public Service

Commission for that group of States, and if a resolution to that effect is passed

by the House or, where there are two Houses, by each House of the Legislature

of each of those States, Parliament may by law provide for the appointment of a

Joint  State  Public  Service  Commission  (referred  to  in  this  Chapter  as  Joint

Commission) to  serve the needs of those States.

(3)  Any  such  law  as  aforesaid  may  contain  such  incidental  and

consequential provisions as may be necessary or desirable for giving effect to

the purposes of the law.

(4) The Public Service Commission for the Union, if requested so to do

by the Governor 1*** of a State, may, with the approval of the President, agree

to serve all or any of the needs  of the State.

(5)  References  in  this  Constitution  to  the  Union  Public  Service


to serve all or any of the needs  of the State.

(5)  References  in  this  Constitution  to  the  Union  Public  Service

Commission  or  a  State  Public  Service  Commission  shall,  unless  the  context

otherwise requires, be construed as references to the Commission  serving the

needs of the Union or, as the case may be, the State as respects the  particular

matter  in question.

316. Appointment and term of office of members.—(1) The Chairman

and other members of  a Public Service Commission shall be appointed, in the

case of the  Union Commission or a Joint Commission, by the President, and in

the case of a State  Commission, by the Governor of the State:

1 .  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)

Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

208

Provided  that  as  nearly  as  may  be  one-half  of  the  members  of  every

Public Service Commission shall be persons who at the dates of their respective

appointments  have  held  office  for  at  least  ten    years  either  under    the

Government of India or under the Government of a State, and in computing the

said  period  of  ten  years  any  period  before  the  commencement  of  this

Constitution during which a person has held office  under the Crown in India or

under the Government of an  Indian State shall be included.

1[(1A) If the office of the Chairman of the Commission becomes vacant

or if any such Chairman is by reason of absence or for any other reason unable


1[(1A) If the office of the Chairman of the Commission becomes vacant

or if any such Chairman is by reason of absence or for any other reason unable

to  perform  the  duties  of  his  office,  those    duties  shall,  until  some  person

appointed under clause (1) to the vacant office has entered on the duties thereof

or, as the case may be, until the Chairman has resumed his duties, be performed

by such one  of the other members of the Commission  as  the President, in the

case of the Union Commission or a Joint Commission,  and the Governor of the

State in the case of a State Commission, may appoint  for the purpose.]

(2)  A  member  of  a  Public  Service  Commission  shall  hold  office  for  a

term of six years from the date on which he enters upon his office or until he

attains, in the case of the Union Commission, the age of sixty-five years, and in

the case of a State Commission or a Joint Commission, the age of  2[sixty-two

years], whichever is earlier:

Provided that—

(a) a member of a Public Service Commission may, by writing  under

his  hand    addressed,  in  the  case  of  the  Union  Commission    or  a  Joint

Commission, to the President, and in the case of a State Commission, to

the Governor 3*** of the State, resign his office;

(b) a  member  of a Public Service Commission may be removed  from

his    office  in  the  manner  provided  in    clause  (1)  or  clause  (3)  of

article  317.


his    office  in  the  manner  provided  in    clause  (1)  or  clause  (3)  of

article  317.

(3)  A  person  who  holds  office  as  a  member  of  a  Public  Service

Commission shall, on the expiration of his term of office, be ineligible for    re-

appointment to that office.

1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963).

2.  Subs.  by  the  Constitution  (Forty-first  Amendment)  Act,  1976,  s.  2,  for  "sixty  years"

(w.e.f. 7-9-1976).

3 .  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)

Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

209

317.  Removal  and  suspension  of  a  member  of  a  Public  Service

Commission.—(1)  Subject  to  the  provisions  of  clause  (3),  the  Chairman    or

any other member of a Public Service Commission shall  only be removed from

his  office  by  order  of  the  President  on  the  ground  of  misbehaviour  after  the

Supreme Court, on reference being made to it by the  President, has, on inquiry

held  in  accordance  with  the  procedure  prescribed  in  that  behalf  under

article 145, reported that the Chairman or such other member, as the case may


held  in  accordance  with  the  procedure  prescribed  in  that  behalf  under

article 145, reported that the Chairman or such other member, as the case may

be, ought  on any such ground to be removed.

(2)  The  President,  in  the  case  of  the    Union  Commission  or  a  Joint

Commission, and the Governor 1*** in the case  of a State Commission, may

suspend from office the Chairman  or any other member of the Commission in

respect  of  whom  a  reference    has  been  made  to  the  Supreme  Court  under

clause (1) until the President has passed orders on receipt  of the report of the

Supreme Court on such reference.

(3)  Notwithstanding  anything in  clause (1),  the  President  may  by  order

remove  from  office  the  Chairman  or  any  other  member  of  a  Public  Service

Commission if the Chairman or  such other member, as the case may be,—

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside

the duties of his office; or

(c)  is, in the  opinion  of  the  President,  unfit to  continue in  office  by

reason of infirmity of mind or body.

(4)  If  the  Chairman  or  any  other  member  of    a  Public  Service

Commission is or becomes in any way concerned or interested in any contract

or  agreement  made  by  or  on  behalf  of  the  Government  of  India  or  the

Government of a State or participates in any way in the profit thereof or in any


Government of a State or participates in any way in the profit thereof or in any

benefit  or  emolument  arising  therefrom  otherwise  than  as  a  member  and  in

common with  the other members of an incorporated company, he shall, for the

purposes of clause (1), be deemed to be guilty of misbehaviour.

318.  Power  to  make  regulations  as  to  conditions  of  service  of

members  and  staff  of  the  Commission.—In  the  case  of  the  Union

Commission  or  a Joint  Commission,  the  President  and,  in  the  case  of  a  State

Commission, the Governor 1***  of the  State may by regulations—

1 .  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)

Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

210

(a)  determine  the number  of  members  of  the  Commission  and  their

conditions of service; and

(b)  make  provision  with  respect  to  the  number  of  members  of  the

staff of the Commission and their conditions of service:

Provided that the conditions of service of a member of a Public Service

Commission shall not be varied to his disadvantage after his appointment.

319.  Prohibition  as  to  the  holding  of  offices  by  members  of

Commission on ceasing to be such members.—On ceasing to hold office—

(a)  the  Chairman  of  the  Union  Public  Service  Commission shall be

ineligible for further employment either under the Government of India


(a)  the  Chairman  of  the  Union  Public  Service  Commission shall be

ineligible for further employment either under the Government of India

or under the Government of a State;

(b)  the  Chairman  of  a  State  Public  Service  Commission  shall  be

eligible  for  appointment  as  the  Chairman  or  any  other  member  of  the

Union Public Service Commission or as the Chairman of any other State

Public  Service  Commission,  but  not  for  any  other  employment  either

under the Government of India or under the Government of a State;

(c)  a  member  other  than  the  Chairman  of  the  Union  Public  Service

Commission  shall  be  eligible  for  appointment  as  the  Chairman  of  the

Union Public Service Commission or as the Chairman of a State  Public

Service Commission, but not for any other employment either under the

Government of India or under the Government of a State;

(d)  a  member  other  than  the  Chairman  of  a  State  Public  Service

Commission  shall  be  eligible  for  appointment  as  the  Chairman  or  any

other  member  of  the  Union  Public  Service  Commission  or  as  the

Chairman of that or any other State Public Service Commission, but not

for any other employment either under the Government of India or under

the Government of a State.

320.  Functions  of  Public  Service  Commissions.—(1)  It  shall  be  the

duty  of  the  Union  and  the  State  Public  Service  Commissions  to  conduct

examinations for appointments to the services of the Union and the services of

the State respectively.


examinations for appointments to the services of the Union and the services of

the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if

requested by any two or more States so to do, to assist those States in framing

and  operating  schemes  of  joint  recruitment  for  any  services  for  which

candidates possessing special qualifications are required.

(3)  The  Union  Public  Service  Commission  or  the  State  Public  Service

Commission, as the case may be, shall be consulted—

211

(a)  on  all  matters  relating  to  methods  of  recruitment  to  civil

services and for civil posts;

(b)  on  the  principles  to  be  followed  in  making  appointments  to

civil services and posts and in making promotions and transfers from one

service  to  another  and  on  the  suitability  of  candidates  for  such

appointments, promotions or transfers;

(c) on all disciplinary matters affecting a person serving under the

Government  of  India  or  the  Government  of  a  State  in  a  civil  capacity,

including memorials or petitions relating to such matters;

(d)  on  any  claim by  or  in  respect  of  a  person  who is  serving  or

has served under the Government of India or the Government of a State

or under the Crown in India or under the Government of an Indian State,

in  a  civil  capacity,  that  any  costs  incurred  by  him  in  defending  legal

proceedings instituted against him in respect of acts done or purporting


proceedings instituted against him in respect of acts done or purporting

to  be  done  in  the  execution  of  his  duty  should  be  paid  out  of  the

Consolidated  Fund  of  India,  or,  as  the  case  may  be,  out  of  the

Consolidated Fund of the State;

(e) on any claim for the award of a pension in respect of injuries

sustained  by  a  person  while  serving  under  the  Government  of  India  or

the  Government  of  a  State  or  under  the  Crown  in  India  or  under  the

Government of an Indian State, in a civil capacity, and any question as to

the amount of any such award,

and it shall be the duty of a Public Service Commission to advise on any matter

so referred to them and on any other matter which the President, or, as the case

may be, the Governor 1*** of the State, may refer to them:

Provided that the President as respects the all-India services and also as

respects  other  services  and  posts  in  connection  with  the  affairs  of  the  Union,

and the Governor 2***, as respects other services and posts in connection with

the  affairs  of  a  State,  may  make  regulations  specifying  the  matters  in  which

either  generally,  or  in  any  particular  class  of  case  or  in  any  particular

circumstances, it shall not be necessary for a Public Service Commission to be

consulted.

(4)  Nothing  in  clause (3)  shall  require a  Public  Service  Commission  to


consulted.

(4)  Nothing  in  clause (3)  shall  require a  Public  Service  Commission  to

be consulted as respects the manner in which any provision referred to in clause

(4) of article 16 may be made or as respects the manner in which effect may be

given to the provisions of article 335.

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 "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.

(w.e.f. 1-11-1956).

212

(5) All regulations made under the proviso to clause (3) by the President

or  the  Governor  1***  of  a  State  shall  be  laid  for  not  less  than  fourteen  days

before each House of Parliament or the House or each House of the Legislature

of  the  State,  as the  case  may  be,  as  soon  as  possible  after they  are  made,  and

shall be subject to such modifications, whether by way of repeal or amendment,

as both Houses of Parliament or the House or both Houses of the Legislature of

the State may make during the session in which they are so laid.

321. Power to extend functions of Public Service Commissions.—An

Act made by Parliament or, as the case may  be, the Legislature of a State may

provide  for  the  exercise  of  additional  functions  by  the  Union  Public  Service


provide  for  the  exercise  of  additional  functions  by  the  Union  Public  Service

Commission or the State Public Service Commission as respects the services of

the Union or the State and also as respects the services of any local authority or

other body corporate constituted by law or of any public institution.

322.  Expenses  of Public  Service  Commissions.—The expenses of the

Union  or  a  State  Public  Service  Commission,  including  any  salaries,

allowances and pensions payable to or in respect of the members or staff of the

Commission, shall be charged on the Consolidated Fund of India or, as the case

may be, the Consolidated Fund of the State.

323. Reports of Public Service Commissions.—(1) It shall be the duty

of the Union Commission to present annually to the President a report as to the

work done by the Commission and on receipt of such report the President shall

cause a copy thereof together with a memorandum explaining, as respects the

cases,  if  any,  where  the  advice  of  the  Commission  was  not  accepted,  the

reasons for such non-acceptance to be laid before each House of Parliament.

(2) It shall be the duty of a State Commission to present annually to the

Governor 1***  of  the  State  a  report  as  to  the  work  done  by  the  Commission,

and  it  shall  be  the  duty  of  a  Joint  Commission  to  present  annually  to  the

Governor  1*** of each of the States the needs of which are served by the Joint

Commission a report as to the work done by the Commission in relation to that


Governor  1*** of each of the States the needs of which are served by the Joint

Commission a report as to the work done by the Commission in relation to that

State,  and  in  either  case  the  Governor 2***,  shall,  on  receipt  of  such  report,

cause a copy thereof together with a memorandum explaining, as respects the

cases,  if  any,  where  the  advice  of  the  Commission  was  not  accepted,  the

reasons for such non-acceptance to be laid before the Legislature of the State.

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  "or  Rajpramukh,  as  the  case  may  be"  omitted  by  s.  29  and  Sch.  ibid.

(w.e.f. 1-11-1956).

213

1[PART  XIVA

TRIBUNALS

323A. Administrative tribunals.—(1) Parliament may, by law, provide

for  the  adjudication  or  trial  by  administrative  tribunals  of  disputes  and

complaints  with  respect  to  recruitment  and  conditions  of  service  of  persons

appointed  to  public  services  and  posts  in  connection  with  the  affairs  of  the

Union or of any State or of any local or other authority within the territory of


Union or of any State or of any local or other authority within the territory of

India  or  under  the  control  of  the  Government  of  India  or  of  any  corporation

owned or controlled by the Government.

(2) A law made under clause (1) may—

(a) provide for the establishment of an administrative tribunal for the

Union and a separate administrative tribunal for each State or for two or

more States;

(b) specify the jurisdiction, powers (including the power to punish for

contempt)  and  authority  which  may  be  exercised  by  each  of  the  said

tribunals;

(c)  provide  for  the  procedure  (including  provisions  as  to  limitation

and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the

Supreme  Court  under  article  136,  with  respect  to  the  disputes  or

complaints referred to in clause (1);

(e) provide for the transfer to each such administrative tribunal of any

cases pending before any court or other authority immediately before the

establishment of such tribunal as would have been within the jurisdiction

of  such  tribunal  if  the  causes  of  action  on  which  such  suits  or

proceedings are based had arisen after such establishment;

(f) repeal or amend any order made by the President under clause (3)

of article 371D;

(g)  contain  such  supplemental,

incidental  and  consequential

provisions  (including  provisions  as  to  fees)  as  Parliament  may  deem

necessary for the effective functioning of, and for the speedy disposal of


provisions  (including  provisions  as  to  fees)  as  Parliament  may  deem

necessary for the effective functioning of, and for the speedy disposal of

cases by, and the enforcement of the orders of, such tribunals.

1. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 46 (w.e.f. 3-1-1977).

214

(3)  The  provisions  of  this  article  shall  have  effect  notwithstanding

anything in any other provision of this Constitution or in any other law for the

time being in force.

323B.  Tribunals  for  other  matters.—(1)  The  appropriate  Legislature

may, by law, provide for the adjudication or trial by tribunals of any disputes,

complaints,  or  offences  with  respect  to  all  or  any  of  the  matters  specified  in

clause (2) with respect to which such Legislature has power to make laws.

(2) The matters referred to in clause (1) are the following, namely:—

(a) levy, assessment, collection and enforcement of any tax;

(b) foreign exchange, import and export across customs frontiers;

(c) industrial and labour disputes;

(d) land  reforms  by  way  of  acquisition by  the  State  of  any  estate as

defined in article 31A or of any rights therein or the extinguishment or

modification of any such rights or by way of ceiling on agricultural land

or in any other way;

(e) ceiling on urban property;

(f)  elections  to  either  House  of  Parliament  or  the  House  or  either

House of the Legislature of a State, but excluding the matters referred to


(f)  elections  to  either  House  of  Parliament  or  the  House  or  either

House of the Legislature of a State, but excluding the matters referred to

in article 329 and article 329A;

(g)  production,  procurement,  supply  and  distribution  of  food-stuffs

(including edible oilseeds and oils) and such other goods as the President

may, by public notification, declare to be essential goods for the purpose

of this article and control of prices of such goods;

1[(h) rent, its regulation and control and tenancy issues including the

right, title and interest of landlords and tenants;]

2 [(i)]  offences  against  laws  with  respect  to  any  of  the  matters

specified in sub-clauses (a) to 3[(h)] and fees in respect of any  of those

matters;

1. Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).

2. Sub-clause (h) re-lettered as sub-clause (i) by s. 2, ibid. (w.e.f. 15-5-1994).

3. Subs. by s. 2, ibid., for  cl. “(g)” (w.e.f. 15-5-1994).

215

1 [(j)]  any  matter  incidental  to  any  of  the  matters  specified  in

sub-clauses (a) to 2[(i)].

(3) A law made under clause (1) may—

(a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish for


(a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish for

contempt)  and  authority  which  may  be  exercised  by  each  of  the  said

tribunals;

(c)  provide  for  the  procedure  (including  provisions  as  to  limitation

and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the

Supreme Court under article 136, with respect to all or any of the matters

falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any cases pending

before  any  court  or  any  other  authority  immediately  before  the

establishment of such tribunal as would have been within the jurisdiction

of  such  tribunal  if  the  causes  of  action  on  which  such  suits  or

proceedings are based had arisen after such establishment;

incidental  and  consequential

(f)  contain  such  supplemental,

provisions  (including  provisions  as

the  appropriate

to  fees)  as

Legislature may deem necessary for the effective functioning of, and for

the  speedy  disposal  of  cases  by,  and  the  enforcement  of  the  orders  of,

such tribunals.

(4)  The  provisions  of  this  article  shall  have  effect  notwithstanding

anything in any other provision of this Constitution or in any other law for the

time being in force.

Explanation.—In this article, “appropriate Legislature”, in relation to any

matter, means Parliament or, as the case may be, a State Legislature competent


time being in force.

Explanation.—In this article, “appropriate Legislature”, in relation to any

matter, means Parliament or, as the case may be, a State Legislature competent

to make laws with respect to such matter in accordance with the provisions of

Part XI.]

1 .  Sub-clause  (i)  re-lettered  as  sub-clause  (j)  by  the  Constitution  (Seventy-fifth

Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).

2.  Subs. by s. 2, ibid,  for “(h)” (w.e.f. 15-5-1994).

216

PART XV

ELECTIONS

324. Superintendence, direction and control of  elections to be vested

in  an  Election  Commission.—(1) The superintendence, direction and control

of the preparation of the electoral rolls for, and the conduct of, all elections to

Parliament and to the Legislature of every State and of elections to the offices

of  President  and  Vice-President  held  under  this  Constitution  1***  shall  be

vested  in  a  Commission  (referred  to  in  this  Constitution  as  the  Election

Commission).

(2)  The  Election  Commission  shall  consist  of  the  Chief  Election

Commissioner and such number of other Election Commissioners, if any, as the

President  may  from time to time  fix and the appointment  of the Chief Election

Commissioner and other Election Commissioners shall, subject to the provisions

of any law made in that behalf by Parliament, be made by the President.


Commissioner and other Election Commissioners shall, subject to the provisions

of any law made in that behalf by Parliament, be made by the President.

(3)  When  any  other  Election  Commissioner  is  so  appointed  the  Chief

Election Commissioner shall act as the Chairman of the Election Commission.

(4)  Before  each  general election to  the  House  of  the People  and  to  the

Legislative  Assembly  of  each  State,  and  before  the  first  general  election  and

thereafter before each biennial election to the Legislative Council of each State

having such Council, the President may also appoint after consultation with the

Election  Commission  such  Regional  Commissioners  as  he  may  consider

necessary  to  assist  the  Election  Commission  in  the  performance  of  the

functions conferred on the Commission by clause (1).

(5) Subject to the provisions of any law made by Parliament, the conditions

of service and tenure  of  office  of the Election  Commissioners and the Regional

Commissioners shall be such as the President may by rule determine:

Provided  that  the  Chief  Election  Commissioner  shall  not  be  removed

from his office except in like manner and on the like grounds as a Judge of the

Supreme  Court  and  the  conditions  of  service  of

the  Chief  Election

Commissioner shall not be varied to his disadvantage after his appointment:

1. The words "including the appointment of  election tribunals for the decision of doubts

and  disputes  arising  out  of  or  in  connection  with  elections  to  Parliament  and  to  the


and  disputes  arising  out  of  or  in  connection  with  elections  to  Parliament  and  to  the

Legislatures  of  States"  omitted  by  the  Constitution  (Nineteenth  Amendment)

Act, 1966, s. 2 (w.e.f. 11-12-1966).

217

Provided  further  that  any  other  Election  Commissioner  or  a  Regional

Commissioner shall not be removed from office except on the recommendation

of the Chief Election Commissioner.

(6)  The  President,  or  the  Governor  1 ***  of  a  State,  shall,  when  so

requested  by  the  Election  Commission,  make  available  to  the  Election

Commission or to a Regional Commissioner such staff as may be necessary for

the  discharge  of  the  functions  conferred  on  the  Election  Commission  by

clause (1).

325.  No  person  to  be  ineligible  for  inclusion  in,  or  to  claim  to  be

included  in  a  special,  electoral  roll  on  grounds  of  religion,  race,  caste  or

sex.—There shall be one general electoral roll for every territorial constituency

for election to either House of Parliament or to the House or either House of the

Legislature of a State and no person shall be ineligible for inclusion in any such

roll  or  claim  to  be  included  in  any  special  electoral  roll  for  any  such

constituency on grounds only of religion, race, caste, sex or any of them.

326.  Elections  to  the  House  of  the  People  and  to  the  Legislative


326.  Elections  to  the  House  of  the  People  and  to  the  Legislative

Assemblies of States to be on the basis of adult suffrage.—The elections to

the House of the People and to the Legislative Assembly of every State shall be

on  the  basis  of  adult suffrage;  that is to  say,  every  person  who  is  a  citizen  of

India and who is not less than 2[eighteen years] of age on such date as may be

fixed in that  behalf by  or  under any  law  made  by  the appropriate  Legislature

and  is  not  otherwise  disqualified  under  this  Constitution  or  any  law  made  by

the  appropriate  Legislature  on  the  ground  of  non-residence,  unsoundness  of

mind, crime or corrupt or illegal practice, shall be entitled to be registered as a

voter at any such election.

327. Power of Parliament to make provision with respect to elections

to  Legislatures.—Subject  to  the  provisions  of  this  Constitution,  Parliament

may  from  time  to  time  by  law  make  provision  with  respect  to  all  matters

relating to, or in connection with, elections to either House of Parliament or to

the  House  or  either  House  of  the  Legislature  of  a  State  including  the

preparation  of  electoral  rolls,  the  delimitation  of  constituencies  and  all  other

matters necessary for securing  the due constitution of such House or Houses.

1 .  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)


1 .  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)

Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

2.  Subs.  by  the  Constitution  (Sixty-first  Amendment)  Act,  1988,  s.  2,  for  "twenty-one

years" (w.e.f. 28-3-1989).

218

328. Power of Legislature of a State to make provision with respect

to  elections  to  such  Legislature.—Subject  to  the  provisions  of  this

Constitution and in so far as provision in that behalf is not made by Parliament,

the  Legislature  of  a  State  may  from  time  to  time  by  law  make provision  with

respect  to  all  matters  relating  to,  or  in    connection  with,  the  elections  to  the

House or either House of the Legislature of the State including the preparation

of  electoral  rolls  and  all  other  matters  necessary  for  securing  the  due

constitution of such House or Houses.

329.  Bar  to

interference  by  courts

in  electoral  matters.—

1[Notwithstanding anything in this Constitution 2***—]

(a)  the  validity  of  any  law  relating  to  the  delimitation  of

constituencies  or  the  allotment  of  seats to  such  constituencies,  made  or

purporting to be made under article 327 or article 328, shall not be called

in question in any court;


purporting to be made under article 327 or article 328, shall not be called

in question in any court;

(b)  no  election to  either  House  of  Parliament  or  to the  House  or

either  House  of  the  Legislature  of  a  State  shall  be  called  in  question

except  by  an  election  petition  presented  to  such  authority  and  in  such

manner  as  may  be  provided  for  by  or  under  any  law  made  by  the

appropriate Legislature.

3329A.  [Special  provision  as  to  elections  to  Parliament  in  the  case  of

Prime  Minister  and  Speaker.].—Omitted  by  the  Constitution  (Forty-fourth

Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).

1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words

(w.e.f. 10-8-1975).

2. The words, figures and letter "but subject to the provisions of article 329A" omitted by

the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).

3. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4 (w.e.f. 10-8-1975).

219

PART  XVI

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330. Reservation of seats for Scheduled Castes and Scheduled Tribes


219

PART  XVI

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330. Reservation of seats for Scheduled Castes and Scheduled Tribes

in the House  of the People.—(1) Seats shall be reserved in the House of the

People for —

(a) the Scheduled Castes;

1[(b)  the  Scheduled  Tribes  except  the  Scheduled  Tribes  in  the

autonomous districts of Assam; and]

(c) the Scheduled Tribes in the autonomous districts of Assam.

(2)  The  number  of  seats reserved  in any  State 2[or  Union territory]  for

the  Scheduled  Castes  or  the  Scheduled  Tribes  under  clause  (1)  shall  bear,  as

nearly  as  may  be,  the  same  proportion to the total  number  of  seats allotted  to

that State  2[or Union territory] in the House of the People as the population of

the  Scheduled  Castes  in  the  State  2[or  Union  territory]  or  of  the  Scheduled

Tribes in the State 2[or Union territory] or part of the State 2[or Union territory],

as the case may be, in respect of which seats are so reserved, bears to the total

population of the State 2[or Union territory].

3[(3)  Notwithstanding  anything  contained  in  clause  (2),  the  number  of

seats  reserved  in  the  House  of  the  People  for  the  Scheduled  Tribes  in  the

autonomous districts of Assam shall bear to the total number of seats allotted to


autonomous districts of Assam shall bear to the total number of seats allotted to

that State a proportion not less than the population of the Scheduled Tribes in

the said autonomous districts bears to the total population of the State.]

4 [Explanation.—In  this  article  and  in  article  332,  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  5[2026]  have  been

published, be construed as a reference to the 6[2001] census.]

1 .  Subs.  by  the  Constitution  (Fifty-first  Amendment)  Act,  1984,  s.  2,  for  sub-clause  (b)

(w.e.f. 16-6-1986).

2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

3. Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3 (w.e.f. 17-10-1973).

4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).


4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).

5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for "2000" (w.e.f. 21-2-2002).

6. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for "1991" (w.e.f. 22-6-2003).

220

331. Representation of the Anglo-Indian Community in the House of

the People.—Notwithstanding anything in article 81, the President may, if he is

of  opinion  that  the  Anglo-Indian  community  is  not  adequately  represented  in

the  House  of  the  People,  nominate  not  more  than  two  members  of  that

community to the House of the People.

332. Reservation of seats for Scheduled Castes and Scheduled Tribes

in the  Legislative  Assemblies  of the  States.—(1) Seats shall be reserved for

the Scheduled Castes and the Scheduled Tribes, 1[except the Scheduled Tribes

in  the  autonomous  districts  of  Assam],  in  the  Legislative  Assembly  of  every

State 2***.

(2)  Seats  shall  be  reserved  also  for  the  autonomous  districts  in  the

Legislative Assembly of the State of Assam.

(3)  The  number  of  seats  reserved  for  the  Scheduled  Castes  or  the

Scheduled  Tribes  in  the  Legislative  Assembly  of  any  State  under  clause  (1)


Scheduled  Tribes  in  the  Legislative  Assembly  of  any  State  under  clause  (1)

shall bear, as nearly as may be, the same proportion to the total number of seats

in the Assembly as the population of the Scheduled Castes in the State or of the

Scheduled Tribes in the State or part of the State, as the case may be, in respect

of which seats are so reserved, bears to the total population of the State.

3[(3A) Notwithstanding anything contained in clause (3), until the taking

effect,  under article  170,  of  the re-adjustment,  on  the  basis  of  the  first  census

after the year 4[2026], of the number of seats in the Legislative Assemblies of

the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats

which shall  be reserved  for the  Scheduled  Tribes in the  Legislative  Assembly

of any such State shall be,—

(a)  if  all  the  seats  in  the  Legislative  Assembly  of  such  State  in

existence  on  the  date  of  coming  into  force  of  the  Constitution  (Fifty-

seventh  Amendment)  Act,  1987  (hereafter  in  this  clause  referred  to  as

the existing Assembly) are held by members of the Scheduled Tribes, all

the seats except one;

(b)  in  any  other  case,  such  number  of  seats  as  bears  to  the  total

number  of  seats,  a  proportion  not  less  than  the  number  (as  on  the  said


number  of  seats,  a  proportion  not  less  than  the  number  (as  on  the  said

date)  of  members  belonging  to  the  Scheduled  Tribes  in  the  existing

Assembly bears to the total number of seats in the existing Assembly.]

1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986).

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 (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987).

4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000" (w.e.f. 21-2-2002).

221

1 [(3B)  Notwithstanding  anything  contained  in  clause  (3),  until  the

re-adjustment,  under  article  170,  takes  effect  on  the  basis  of  the  first  census

after the year 2[2026], of the number of seats in the Legislative Assembly of the

State of Tripura, the seats which shall be reserved for the Scheduled Tribes in

the  Legislative  Assembly  shall  be,  such  number  of  seats  as  bears  to  the  total


the  Legislative  Assembly  shall  be,  such  number  of  seats  as  bears  to  the  total

number  of  seats,  a  proportion    not  less  than  the  number,  as  on  the  date  of

coming into force of the Constitution (Seventy-second Amendment) Act, 1992,

of members belonging to the Scheduled Tribes in the Legislative Assembly in

existence on the said date bears to the total number of seats in that Assembly.]

(4)  The  number  of  seats  reserved  for  an  autonomous  district  in  the

Legislative  Assembly  of  the State  of  Assam  shall bear to  the  total  number  of

seats in that Assembly a proportion not less than the population of the district

bears to the total population of the State.

(5) The constituencies for the seats reserved for any autonomous district

of Assam shall not comprise any area outside that district 3***.

(6)  No  person  who  is  not  a  member  of  a  Scheduled  Tribe  of  any

autonomous  district  of  the  State  of  Assam shall  be  eligible  for election to  the

Legislative Assembly of the State from any constituency of that district  3***:

4[Provided that for elections to the Legislative Assembly of the State of

Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in

the  constituencies  included  in  the  Bodoland  Territorial  Areas  District,  so

notified,  and  existing  prior  to  the  constitution  of  Bodoland  Territorial  Areas

District, shall be maintained.]


notified,  and  existing  prior  to  the  constitution  of  Bodoland  Territorial  Areas

District, shall be maintained.]

333.  Representation  of  the  Anglo-Indian  community

in  the

Legislative  Assemblies  of  the  States.—Notwithstanding  anything  in  article

170, the Governor 5*** of a State may, if he is of opinion that the Anglo-Indian

community needs representation in the Legislative Assembly of the State and is

not adequately represented therein, 6[nominate one member of that community

to the Assembly].

1. Ins. by the Constitition (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992).

2 .  Subs.  by  the  Constitution  (Eighty-fourth  Amendment)  Act,  2001,  s.  7,  for  "2000"

(w.e.f. 21-2-2002).

3. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),

s. 71 (w.e.f. 21-1-1972).

4. Ins. by the Constitution  (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003).

5.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,  1956,

s. 29 and Sch. (w.e.f. 1-11-1956).


s. 29 and Sch. (w.e.f. 1-11-1956).

6.  Subs.  by  the  Constitution  (Twenty-third  Amendment)  Act,  1969,  s.  4,  for  "nominate  such

number  of  members  of  the  community  to  the  Assembly  as  he  considers  appropriate"

(w.e.f. 23-1-1970).

222

334. 1[Reservation  of  seats  and  special representation  to cease after

certain period].—Notwithstanding anything in the foregoing provisions of this

Part, the provisions of this Constitution relating to—

(a)  the  reservation  of  seats  for  the  Scheduled  Castes  and  the

Scheduled  Tribes  in  the  House  of  the  People  and  in  the  Legislative

Assemblies of the States; and

(b)  the  representation  of  the  Anglo-Indian  community  in  the

House of  the People and in the Legislative Assemblies of the States by

nomination,

shall  cease  to  have  effect  on  the  expiration  of  a  period  of  2[eighty  years  in

respect  of  clause  (a)  and  seventy  years  in  respect  of  clause  (b)]  from  the

commencement of this Constitution:

Provided that nothing in this article shall affect any representation in the

House  of  the  People  or  in  the  Legislative  Assembly  of  a  State  until  the

dissolution of the then existing House or Assembly, as the case may be.


dissolution of the then existing House or Assembly, as the case may be.

335.  Claims  of  Scheduled  Castes  and  Scheduled  Tribes  to  services

and  posts.—The  claims  of  the  members  of  the  Scheduled  Castes  and  the

Scheduled  Tribes  shall  be  taken  into  consideration,  consistently  with  the

maintenance of efficiency of administration, in the making of appointments to

services and posts in connection with the affairs of the Union or of a State:

3 [Provided  that  nothing  in  this  article  shall  prevent  in  making  of  any

provision  in  favour  of  the  members  of  the  Scheduled  Castes  and  the  Scheduled

Tribes  for  relaxation  in  qualifying  marks  in  any  examination  or  lowering  the

standards  of  evaluation,  for  reservation  in  matters  or  promotion  to  any  class  or

classes of services or posts in connection with the affairs of the Union or of a State.]

336.  Special  provision  for  Anglo-Indian  community  in  certain

services.—(1)  During  the  first  two  years  after  the  commencement  of  this

Constitution, appointments of members of the Anglo-Indian community to posts

in the railway, customs, postal and telegraph services of the Union shall be made

on the same basis as immediately before the fifteenth day of August, 1947.

1.  Subs.  by  the  Constitution    (One  hundred  and  fourth  Amendment)  Act,  2019,  s.  2,

(w.e.f. 25-1-2020).


(w.e.f. 25-1-2020).

2.  Subs.  by  s.  2,  ibid.,  for  “seventy  years”  (w.e.f.  25-1-2020). The  words  “seventy  years”

subs.  for  “sixty  years”  by  the    Constitution    (Ninety-fifth  Amendment)  Act,  2009,  s.2

(w.e.f.  25-1-2010). The  words  “sixty  years”  subs.  for  “fifty  years”  by  the  Constitution

(Seventy-ninth Amendment) Act, 1999, s. 2 (w.e.f. 25-1-2000). The words “fifty years”

subs.  for  “forty  years”  by  the  Constitution  (Sixty-second  Amendment)  Act,  1989,  s.  2

(w.e.f. 20-12-1989).  The words “forty years” subs. for “thirty years” by the Constitution

(Forty-fifth Amendment) Act, 1980, s. 2 (w.e.f. 25-1-1980).

3. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).

223

During  every  succeeding  period  of  two  years,  the  number  of  posts

reserved  for the  members  of  the  said  community  in  the  said  services  shall,  as


reserved  for the  members  of  the  said  community  in  the  said  services  shall,  as

nearly as possible, be less by ten per cent. than the numbers so reserved during

the immediately preceding period of two years:

Provided  that  at  the  end  of  ten  years  from  the  commencement  of  this

Constitution all such reservations shall cease.

(2)  Nothing  in  clause  (1)  shall  bar  the  appointment  of  members  of  the

Anglo-Indian  community  to posts  other than,  or in addition  to, those reserved

for  the  community  under that  clause if  such  members  are  found qualified  for

appointment on merit as compared with the members of other communities.

337.  Special  provision  with  respect  to  educational  grants  for  the

benefit  of  Anglo-Indian  community.—During  the  first  three  financial  years

after the commencement of this Constitution, the same grants, if any, shall be

made by the Union and by each State 1*** for the benefit of the Anglo-Indian

community  in  respect  of  education  as  were  made  in the  financial year  ending

on the thirty-first day of March, 1948.

During every succeeding period of three years the grants may be less by

ten per cent. than those for the immediately preceding period of three years:

Provided  that  at  the  end  of  ten  years  from  the  commencement  of  this

Constitution such grants, to the extent to which they are a special concession to

the Anglo-Indian community, shall cease:


Constitution such grants, to the extent to which they are a special concession to

the Anglo-Indian community, shall cease:

Provided  further  that  no  educational  institution  shall  be  entitled  to

receive any grant under this article unless at least forty per cent. of the annual

admissions therein  are  made  available to  members  of  communities  other  than

the Anglo-Indian community.

338. 2[National  Commission  for  Scheduled  Castes].—3[4[(1)  There

shall  be a  Commission  for the  Scheduled  Castes  to be  known  as the  National

Commission for the Scheduled Castes.

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. 29 and Sch. (w.e.f. 1 -11-1956).

2. Subs. by the Constitution  (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal

heading (w.e.f. 19-2-2004).

3. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls. (1) and (2)

(w.e.f. 12-3-1992).

4. Subs.  by the Constitution (Eighty-ninth  Amendment)  Act,  2003, s. 2,  for cls. (1) and

(2) (w.e.f. 19-2-2004).

224

(2)  Subject  to  the  provisions  of  any  law  made  in  this  behalf  by


224

(2)  Subject  to  the  provisions  of  any  law  made  in  this  behalf  by

Parliament, the  Commission  shall  consist  of  a  Chairperson,  Vice-Chairperson

and three other Members and the conditions of service and tenure of office of

the  Chairperson,  Vice-Chairperson  and  other  Members  so  appointed  shall  be

such as the President may by rule determine.]

(3)  The  Chairperson,  Vice-Chairperson  and  other  Members  of  the

Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission—

(a) to investigate and monitor all matters relating to the safeguards

provided for the Scheduled Castes  1*** under this Constitution or under

any  other  law  for  the  time  being  in  force  or  under  any  order  of  the

Government and to evaluate the working of such safeguards;

(b)  to  inquire  into  specific  complaints  with  respect  to  the

deprivation of rights and safeguards of the Scheduled Castes 1***;

(c)  to  participate  and  advise  on  the  planning  process  of

socio-economic  development  of  the  Scheduled  Castes  1***  and  to

evaluate  the  progress  of  their  development  under  the  Union  and  any

State;

(d) to present to the President, annually and at such other times as the

Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that


Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that

should be taken by the Union or any State for the effective implementation of

those  safeguards  and  other  measures  for  the  protection,  welfare  and

socio-economic development of the Scheduled Castes 1***; and

(f) to discharge such other functions in relation to the protection,

welfare and development and advancement of the Scheduled Castes  1***

as  the  President  may,  subject  to  the  provisions  of  any  law  made  by

Parliament, by rule specify.

(6)  The  President  shall  cause  all  such  reports  to  be  laid  before  each

House of Parliament along with a memorandum explaining the action taken or

proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the

reasons for the non-acceptance, if any, of any of such recommendations.

1 .  The  words  "and  Scheduled  Tribes"  omitted  by  the  Constitution  (Eighty-ninth

Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).

225

(7) Where any such report, or any part thereof, relates to any matter with

which  any  State  Government  is  concerned,  a  copy  of  such  report  shall  be

forwarded to the Governor of the State who shall cause it to be laid before the

Legislature of the State along with a memorandum explaining the action taken

or  proposed to  be taken  on the recommendations relating  to the State  and the


Legislature of the State along with a memorandum explaining the action taken

or  proposed to  be taken  on the recommendations relating  to the State  and the

reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in

sub-clause  (a)  or  inquiring into  any  complaint  referred  to  in sub-clause  (b)  of

clause (5), have all the powers of a civil court  trying a suit and in particular in

respect of the following matters, namely :—

(a) summoning and  enforcing  the  attendance  of  any  person  from

any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d)  requisitioning  any  public  record  or  copy  thereof  from  any

court or office;

(e)  issuing  commissions  for  the  examination  of  witnesses  and

documents;

(f) any other matter which the President may, by rule, determine.

(9)  The  Union  and  every  State  Government  shall  consult

Commission on all major policy matters affecting Scheduled Castes   1***].

the

2[(10)]  In  this  article,  references  to  the  Scheduled  Castes  1***  shall  be

construed as including references 3*** to the Anglo-Indian community.

1.  The  words  "and  Scheduled  Tribes"  omitted  by  the  Constitution  (Eighty-ninth  Amendment)  Act,

2003, s. 2 (w.e.f. 19-2-2004).


2003, s. 2 (w.e.f. 19-2-2004).

2. Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2 (w.e.f.

12-3-1992).

3. The words, brackets and figures "to such other backward classes as the President may, on receipt of

the  report  of  a  Commission  appointed  under  cl.  (1)  of  article  340,  by  order  specify  and  also"

omitted  by the Constitution (One  Hundred and Second  Amendment)  Act,  2018, s.  2  (w.e.f.  15-8-

2018).

226

1[338A. National Commission for Scheduled Tribes.—(1) There shall

be  a  Commission  for  the  Scheduled  Tribes  to  be  known  as  the  National

Commission for the Scheduled Tribes.

(2)  Subject  to  the  provisions  of  any  law  made  in  this  behalf  by

Parliament, the  Commission  shall  consist  of  a  Chairperson,  Vice-Chairperson

and three other Members and the conditions of service and tenure of office of

the  Chairperson,  Vice-Chairperson  and  other  Members  so  appointed  shall  be

such as the President may by rule determine.

(3)  The  Chairperson,  Vice-Chairperson  and  other  Members  of    the

Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.


Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission—

(a)  to  investigate  and  monitor  all  matters  relating    to  the

safeguards provided for the Scheduled Tribes under this Constitution or

under any other law for the time being in force or under any order of the

Government and to evaluate the working of such safeguards;

(b)  to  inquire  into  specific  complaints  with  respect  to  the

deprivation of rights and safeguards of  the Scheduled Tribes;

(c)  to  participate  and  advise  on  the  planning  process  of  socio-

economic  development  of  the  Scheduled  Tribes  and  to  evaluate  the

progress of their development under the Union and any State;

(d) to present to the President, annually and at such other times as

the  Commission  may  deem  fit,  reports  upon  the  working  of  those

safeguards;

(e)  to  make  in  such  reports  recommendations  as  to  the

measures  that  should  be  taken  by  the  Union  or  any  State  for  the

effective  implementation  of  those  safeguards  and  other  measures

for the protection,  welfare and socio-economic development of the

Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection,

welfare  and  development  and  advancement  of  the  Scheduled  Tribes  as

the  President  may,  subject  to  the  provisions  of  any  law  made  by

Parliament, by rule specify.


the  President  may,  subject  to  the  provisions  of  any  law  made  by

Parliament, by rule specify.

1. Ins. by the Constitution  (Eighty-ninth Amendment)  Act, 2003, s. 3 (w.e.f. 19-2-2004).

227

(6)  The  President  shall  cause  all  such  reports  to  be  laid  before  each

House of Parliament along with a memorandum explaining the action taken or

proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the

reasons for the non-acceptance, if any, of any such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with

which  any  State  Government  is  concerned,  a  copy  of  such  report  shall  be

forwarded to the Governor of the State who shall cause it to be laid before the

Legislature of the State along with a memorandum explaining the action taken

or  proposed to  be taken  on the recommendations relating  to the State  and the

reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in

sub-clause  (a)  or  inquiring into  any  complaint  referred  to  in sub-clause  (b)  of

clause (5), have all the powers of a civil court trying a suit and in particular in

respect of the following matters, namely:—

(a)  summoning  and enforcing  the attendance  of  any  person  from

any part of  India and examining him on oath;

(b) requiring the discovery and production of any document;


any part of  India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d)  requisitioning  any  public  record  or  copy  thereof  from  any

court or office;

(e) issuing commissions for the examination of witnesses and documents;

(f) any other matter which the President may, by rule,  determine.

the

(9)  The  Union  and  every  State  Government  shall  consult

Commission on all major policy matters affecting Scheduled Tribes.]

1[338B. National Commission for Backward Classes.—(1) There shall

be  a  Commission  for  the  socially  and  educationally  backward  classes  to  be

known as the National Commission for Backward Classes.

(2)  Subject  to  the  provisions  of  any  law  made  in  this  behalf  by

Parliament, the  Commission  shall  consist  of  a  Chairperson,  Vice-Chairperson

and three other Members and the conditions of service and tenure of office of

the  Chairperson,  Vice-Chairperson  and  other  Members  so  appointed  shall  be

such as the President may by rule determine.

(3)  The  Chairperson,  Vice-Chairperson  and  other  Members  of  the

Commission shall be appointed by the President by warrant under his hand and

seal.

1 .  Ins.  by  the  Constitution  (One  Hundred  and  Second  Amendment)  Act,  2018,  s.  3

(w.e.f. 15-8-2018).

228

(4) The Commission shall have the power to regulate its own procedure.


(w.e.f. 15-8-2018).

228

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission—

(a) to investigate and monitor all matters relating to the safeguards

provided  for the socially  and  educationally  backward  classes under  this

Constitution or under any other law for the time being in force or under

any  order  of  the  Government  and  to  evaluate  the  working  of  such

safeguards;

(b)  to  inquire  into  specific  complaints  with  respect  to  the

deprivation  of  rights  and  safeguards  of  the  socially  and  educationally

backward classes;

(c)  to  participate and  advise  on the  socio-economic  development

of  the  socially  and  educationally  backward  classes  and  to  evaluate  the

progress of their development under the Union and any State;

(d) to present to the President, annually and at such other times as

the  Commission  may  deem  fit,  reports  upon  the  working  of  those

safeguards;

(e)  to  make  in  such  reports  the  recommendations  as  to  the

measures that should be taken by the Union or any State for the effective

implementation  of  those  safeguards  and  other  measures  for  the

protection, welfare and socio-economic development of the socially and

educationally backward classes; and

(f) to discharge such other functions in relation to the protection,

welfare  and  development  and  advancement  of  the  socially  and

educationally  backward  classes  as  the  President  may,  subject  to  the


welfare  and  development  and  advancement  of  the  socially  and

educationally  backward  classes  as  the  President  may,  subject  to  the

provisions of any law made by Parliament, by rule specify.

(6)  The  President  shall  cause  all  such  reports  to  be  laid  before  each

House of Parliament along with a memorandum explaining the action taken or

proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the

reasons for the non-acceptance, if any, of any such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with

which  any  State  Government  is  concerned,  a  copy  of  such  report  shall  be

forwarded to  the  State  Government  which shall  cause it  to  be  laid  before  the

Legislature of the State along with a memorandum explaining the action taken

or  proposed to  be taken  on the recommendations relating  to the State  and the

reasons for the non-acceptance, it any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in

sub-clause  (a)  or  inquiring into  any  complaint  referred  to  in sub-clause  (b)  of

clause (5), have all the powers of a civil court trying a suit and in particular in

respect of the following matters, namely :—

229

(a)  summoning  and enforcing  the attendance  of  any  person  from

any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;


any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d)  requisitioning  any  public  record  or  copy  thereof  from  any

court or office;

(e)  issuing  commissions  for  the  examination  of  witnesses  and

documents;

(f) any other matter which the President may by rule, determine.

(9)  The  Union  and  every  State  Government  shall  consult

the

the  socially  and

Commission  on  all  major  policy  matters  affecting

educationally backward classes:]

1[Provided  that  nothing  in  this  clause  shall  apply  for  the  purposes  of

clause (3) of article 342A.]

339.  Control  of  the  Union  over  the  administration  of  Scheduled

Areas  and the  welfare  of  Scheduled  Tribes.—(1) The President may at any

time  and  shall, at  the expiration  of  ten  years  from  the  commencement  of  this

Constitution by order appoint a Commission to report on the administration of

the Scheduled Areas and the welfare of the Scheduled Tribes in the States 2***.

The  order  may  define  the  composition,  powers  and  procedure  of  the

Commission  and  may  contain  such  incidental  or  ancillary  provisions  as  the

President may consider necessary or desirable.

(2)  The  executive  power  of  the  Union  shall  extend  to  the  giving  of

directions to 3[a State] as to the drawing up and execution of schemes specified


directions to 3[a State] as to the drawing up and execution of schemes specified

in the  direction  to  be  essential  for  the  welfare  of  the  Scheduled Tribes in  the

State.

340.  Appointment  of  a  Commission  to  investigate  the  conditions  of

backward  classes.—(1)  The  President  may  by  order  appoint  a  Commission

consisting  of  such  persons  as  he  thinks  fit  to  investigate  the  conditions  of

socially and educationally backward classes within the territory of India and the

difficulties  under  which  they  labour  and  to  make  recommendations  as  to  the

steps that should be taken by the Union or any State to remove such difficulties

and to improve their condition and as to the grants that  should be made for the

purpose  by  the  Union  or  any  State  and  the  conditions  subject  to  which  such

grants should be made, and the order appointing such Commission shall define

the procedure to be followed by the Commission.

1 .  Ins.  by  the  Constitution  (One  Hundred  and  Fifth  Amendment)  Act,  2021,  s.  2

(w.e.f. 15-9-2021).

2. The words and letters  for "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. Subs. by s. 29 and Sch. ibid. for "any such State" (w.e.f. 1-11-1956).

230


3. Subs. by s. 29 and Sch. ibid. for "any such State" (w.e.f. 1-11-1956).

230

(2) A Commission so appointed shall investigate the matters referred to

them and present to the President a report setting out the facts as found by them

and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together

with a memorandum explaining the action taken thereon to be laid before each

House of Parliament.

341.  Scheduled  Castes.—(1)  The  President 1[may  with  respect  to  any

State 2[or Union territory], and where it is a State 3***, after consultation with

the Governor 4*** thereof], by public notification5, specify the castes, races or

tribes  or  parts  of  or  groups  within  castes,  races  or  tribes  which  shall  for  the

purposes of this Constitution be deemed to be Scheduled Castes in relation to

that State  2[or Union territory, as the case may be.]

(2)  Parliament  may  by  law  include  in  or  exclude  from  the  list  of

Scheduled Castes specified in a notification issued under clause (1) any caste,

race  or  tribe  or  part  of  or  group  within  any  caste,  race  or  tribe,  but  save  as

aforesaid a notification issued under the said clause shall not be varied by any

subsequent notification.

1 .  Subs.  by  the  Constitution  (First  Amendment)  Act,  1951,  s.  10,  for  "may,  after


consultation with the Governor or Rajpramukh of a State" (w.e.f. 18-6-1951).

2 .  Ins.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.

(w.e.f. 1-11-1956).

3. The words and letters  "specified in Part A or  Part B of the First Schedule" omitted by

s. 29 and Sch,.ibid. (w.e.f. 1-11-1956).

4. The words "or Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

5 .  See  the  Constitution  (Scheduled  Castes)  Order,  1950  (C.O.  19),  the  Constitution

(Scheduled  Castes)  (Union  Territories)  Order,  1951  (C.O.  32),  the  Constitution

(Jammu  and  Kashmir)  Scheduled  Castes  Order,  1956  (C.O.  52),  the  Constitution

(Dadra and Nagar Haveli) (Scheduled Castes) Order, 1962 (C.O. 64), the Constitution

(Pondicherry)  Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman

and  Diu)  Scheduled  Castes  Order,  1968  (C.O.  81)  and  the  Constitution  (Sikkim)

Scheduled Castes Order, 1978 (C.O. 110).

231


Scheduled Castes Order, 1978 (C.O. 110).

231

342.  Scheduled  Tribes.—(1)  The  President 1[may  with  respect  to  any

State 2[or Union territory], and where it is a State 3***, after consultation with

the Governor  3*** thereof], by public notification4, specify the tribes or tribal

communities  or  parts  of  or  groups  within  tribes  or  tribal  communities  which

shall for the purposes of this Constitution be deemed to be Scheduled Tribes in

relation to that State 2[or Union territory, as the case may be.]

(2)  Parliament  may  by  law  include  in  or  exclude  from  the  list  of

Scheduled Tribes specified in a notification issued under clause (1) any tribe or

tribal community or part of or group within any tribe or tribal community, but

save as aforesaid a notification issued under the said clause shall not be varied

by any subsequent notification.

5 [342A.  Socially  and  educationally  backward  classes.—(1)  The

President  may  with  respect  to  any  State  or  Union  territory,  and  where  it  is  a

State,  after  consultation  with  the  Governor  thereof,  by  public  notification,

specify  6[the  socially  and  educationally  backward  classes  in  the  Central  List

which  shall  for  the  purposes  of    the  Central  Government]  be  deemed  to  be

socially  and educationally  backward  classes in relation to  that  State  or  Union

territory, as the case may be.


socially  and educationally  backward  classes in relation to  that  State  or  Union

territory, as the case may be.

(2) Parliament may by law include in or exclude from the Central List of

socially  and  educationally  backward  classes  specified  in  a  notification  issued

under  clause  (1)  any  socially  and  educationally  backward  class,  but  save  as

aforesaid a notification issued under the said clause shall not be varied by any

subsequent notification.]

1 .  Subs.  by  the  Constitution  (First  Amendment)  Act,  1951,  s.  11,  for  "may,  after

consultation with the Governor or Rajpramukh of State" (w.e.f. 18-6-1951).

2 .  Ins.  by  the  Constiutiton  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.

(w.e.f. 1-11-1956).

3. Certain words omitted by  s. 29 and Sch., ibid, (w.e.f. 1-11-1956).

4 .  See  the  Constitution  (Scheduled  Tribes)  Order,  1950  (C.O.  22),  the  Constitution

(Scheduled  Tribes)  (Union  Territories)  Order,  1951  (C.O.  33),  the  Constitution

(Andaman  and  Nicobar  Islands)  (Scheduled  Tribes)  Order,  1959  (C.O.  58),


(Andaman  and  Nicobar  Islands)  (Scheduled  Tribes)  Order,  1959  (C.O.  58),

Constitution (Dadra and Nagar Haveli) (Scheduled Tribes) Order, 1962 (C.O. 65), the

Constitution  (Scheduled  Tribes)  (Uttar  Pradesh)  Order,  1967  (C.O.  78),  the

Constitution  (Goa,  Daman  and  Diu)  Scheduled  Tribes  Order,  1968  (C.O.  82),  the

Constitution  (Nagaland)  Scheduled  Tribes  Order,  1970  (C.O.  88)  the  Constitution

(Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).

5 .  Ins.  by  the  Constitution  (One  Hundred  and  Second  Amendment)  Act,  2018,  s.  4

(w.e.f. 15-8-2018).

6.  Subs.  by  the  Constitution  (One  Hundred  and  Fifth  Amendment)  Act,  2021,  s.  3  for

certain words  (w.e.f. 15-9-2021).

232

1[Explanation.—For the purposes of clauses (1) and (2), the expression

“Central  List”  means  the  list  of  socially  and  educationally    backward  classes

prepared and maintained by and for the Central Government.

(3) Notwithstanding any contained in clauses (1) and (2), every State or


prepared and maintained by and for the Central Government.

(3) Notwithstanding any contained in clauses (1) and (2), every State or

Union territory may, by law, prepare and maintain, for its own purposes, a list

of  socially  and  educationally  backward  classes,  entries  in  which  may  be

different from the Central List.]

1 .  Ins.  by  the  Constitution  (One  Hundred  and  Fifth  Amendment)  Act,  2021,  s.  3

(w.e.f. 15-9-2021).

233

PART XVII

OFFICIAL LANGUAGE

CHAPTER I.—LANGUAGE OF THE UNION

343. Official language of the Union.—(1) The official language of the

Union shall be Hindi in Devanagari script.

The form of numerals to be used for the official purposes of the Union

shall be the international form of Indian numerals.

(2) Notwithstanding anything in clause (1), for a period of fifteen years

from  the  commencement  of  this  Constitution,  the  English  language  shall

continue to be used for all the official purposes of the Union for which it was

being used immediately before such commencement:

Provided  that  the  President  may,  during  the  said  period,  by  order 1

authorise the use of the Hindi language in addition to the English language and

of  the  Devanagari  form  of  numerals  in  addition  to  the  international  form  of

Indian numerals for any of the official purposes of the Union.

(3)  Notwithstanding  anything  in  this  article,  Parliament  may  by  law

provide for the use, after the said period of fifteen years, of—


(3)  Notwithstanding  anything  in  this  article,  Parliament  may  by  law

provide for the use, after the said period of fifteen years, of—

(a) the English language, or

(b) the Devanagari form of numerals,

for such purposes as may be specified in the law.

344.  Commission  and  Committee  of  Parliament  on  official

language.—(1)  The  President  shall,  at  the  expiration  of  five  years  from  the

commencement of this Constitution and thereafter at the expiration of ten years

from  such  commencement,  by  order  constitute  a  Commission  which  shall

consist  of  a  Chairman  and  such  other  members  representing  the  different

languages  specified in the  Eighth  Schedule as  the  President  may  appoint,  and

the order shall define the procedure to be followed by the Commission.

(2) It shall be the duty of the Commission to make recommendations to

the President as to—

(a)  the  progressive  use  of  the  Hindi  language  for  the  official

purposes of the Union;

(b) restrictions on the use of the English language for all or any of

the official purposes of the Union;

(c)  the  language  to  be  used  for  all  or  any  of  the  purposes

mentioned in article 348;

1. See C.O. 41.

234

(d) the form of numerals to be used for any one or more specified

purposes of the Union;

(e) any other matter referred to the Commission by the President

as  regards  the  official  language  of  the  Union  and  the  language  for


(e) any other matter referred to the Commission by the President

as  regards  the  official  language  of  the  Union  and  the  language  for

communication between the Union and a State or between one State and

another and their use.

(3) In making their recommendations under clause (2), the Commission

shall  have  due regard to  the industrial,  cultural  and scientific  advancement  of

India, and the just claims and the interests of persons belonging to the      non-

Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee consisting of thirty members,

of whom twenty shall be members of the House of the People and ten shall be

members of the Council of States to be elected respectively by the members of

the  House  of  the  People  and  the  members  of  the  Council  of  States  in

accordance  with  the  system  of  proportional  representation  by  means  of  the

single transferable vote.

(5)  It  shall  be

the

recommendations of the Commission constituted under clause (1) and to report

to the President their opinion thereon.

the  Committee

the  duty  of

to  examine

(6)  Notwithstanding  anything  in  article  343,  the  President  may,  after

consideration  of  the  report  referred  to  in  clause  (5),  issue  directions  in

accordance with the whole or any part of that report.

CHAPTER II.—REGIONAL LANGUAGES

345.  Official  language  or  languages  of  a  State.—Subject  to  the

provisions of articles 346 and 347, the Legislature of a State may by law adopt


provisions of articles 346 and 347, the Legislature of a State may by law adopt

any one or more of the languages in use in the State or Hindi as the language or

languages to be used for all or any of the official purposes of that State:

Provided  that,  until  the  Legislature  of  the  State  otherwise  provides  by

law, the English language shall continue to be used for those official purposes

within  the  State  for  which  it  was  being  used  immediately  before  the

commencement of this Constitution.

346.  Official  language  for  communication  between  one  State  and

another or between a State and the Union.—The language for the time being

authorised  for  use  in  the  Union  for  official  purposes  shall  be  the  official

language for communication between one State and another State and between

a State and the Union:

235

Provided that if two or more States agree that the Hindi language should

be the official language for communication between such States, that language

may be used for such communication.

347. Special provision relating to language spoken by a section of the

population of a State.—On a demand being made in that behalf the President

may, if he is satisfied that a substantial proportion of the population of a State

desire the use of any language spoken by them to be recognised by that State,

direct  that  such  language  shall  also  be  officially  recognised  throughout  that

State or any part thereof for such purpose as he may specify.

CHAPTER III.—LANGUAGE OF THE SUPREME COURT,

HIGH COURTS, ETC.

348.  Language  to  be  used  in  the  Supreme  Court  and  in  the  High


HIGH COURTS, ETC.

348.  Language  to  be  used  in  the  Supreme  Court  and  in  the  High

Courts  and  for  Acts,  Bills,  etc.—(1)  Notwithstanding  anything  in  the

foregoing provisions of this Part, until Parliament by law otherwise provides—

(a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts—

(i) of all Bills to be introduced or amendments thereto to be

moved  in  either  House  of  Parliament  or  in  the  House  or  either

House of the Legislature of a State,

(ii) of all Acts passed by Parliament or the Legislature of a

State  and  of  all  Ordinances  promulgated  by  the  President  or  the

Governor 1*** of a State, and

(iii)  of  all  orders,  rules,  regulations  and  bye-laws  issued

under  this  Constitution  or  under  any  law  made  by  Parliament  or

the Legislature of a State,

shall be in the English language.

(2)  Notwithstanding  anything  in  sub-clause  (a)  of  clause  (1),  the

Governor  1***  of  a  State  may,  with  the  previous  consent  of  the  President,

authorise  the  use  of  the  Hindi  language,  or  any  other  language  used  for  any

official  purposes  of  the  State,  in  proceedings  in  the  High  Court  having  its

principal seat in that State:


official  purposes  of  the  State,  in  proceedings  in  the  High  Court  having  its

principal seat in that State:

1.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

236

Provided that nothing in this clause shall apply to any judgment, decree

or order passed or made by such High Court.

(3)  Notwithstanding  anything  in  sub-clause  (b)  of  clause  (1),  where  the

Legislature  of  a  State  has  prescribed  any  language  other  than  the  English

language for use in Bills introduced in, or Acts passed by, the Legislature of the

State or in Ordinances promulgated by the Governor 1*** of the State or in any

order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause,

a translation of the same in the English language published under the authority of

the  Governor  1***  of  the  State  in  the  Official  Gazette  of  that  State  shall  be

deemed  to  be  the  authoritative  text  thereof  in  the  English  language  under  this

article.

349.  Special  procedure  for  enactment  of  certain  laws  relating  to

language.—During the period of fifteen years from the commencement of this

Constitution,  no  Bill  or  amendment  making  provision  for  the  language  to  be


language.—During the period of fifteen years from the commencement of this

Constitution,  no  Bill  or  amendment  making  provision  for  the  language  to  be

used  for  any  of  the  purposes  mentioned  in  clause  (1)  of  article  348  shall  be

introduced  or  moved  in  either  House  of  Parliament  without  the  previous

sanction  of  the  President,  and  the  President  shall  not  give  his  sanction  to  the

introduction  of  any  such  Bill  or  the  moving  of  any  such  amendment  except

after he has taken into consideration the recommendations of the Commission

constituted  under  clause  (1)  of  article  344  and  the  report  of  the  Committee

constituted under clause (4) of that article.

CHAPTER IV.—SPECIAL DIRECTIVES

350.  Language  to  be  used  in  representations  for  redress  of

grievances.—Every person shall be entitled to submit a representation for the

redress of any grievance to any officer or authority of the Union or a State in

any of the languages used in the Union or in the State, as the case may be.

2 [350A.  Facilities  for  instruction  in  mother-tongue  at  primary

stage.—It  shall  be  the  endeavour  of  every  State  and  of  every  local  authority

within  the  State  to  provide  adequate  facilities  for  instruction  in  the

mother-tongue  at  the  primary  stage  of  education  to  children  belonging  to


mother-tongue  at  the  primary  stage  of  education  to  children  belonging  to

linguistic minority groups; and the President may issue such directions to any

State  as  he  considers  necessary  or  proper  for  securing  the  provision  of  such

facilities.

1.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

2. Ins. by  s.21.,  ibid. (w.e.f. 1-11-1956).

237

350B.  Special  Officer  for  linguistic  minorities.—(1)  There shall  be a

Special Officer for linguistic minorities to be appointed by the President.

(2) It shall be the duty of the Special Officer to investigate all matters relating

to  the  safeguards  provided  for  linguistic  minorities  under  this  Constitution  and

report  to  the  President  upon  those  matters  at  such  intervals  as  the  President  may

direct, and the President shall cause all such reports to be laid before each House of

Parliament, and sent to the Governments of the States concerned.]

351. Directive for development of the Hindi language.—It shall be the

duty of the Union to promote the spread of the Hindi language, to develop it so

that  it  may  serve  as  a  medium  of  expression  for  all  the  elements  of  the

composite culture of India and to secure its enrichment by assimilating without

interfering with its genius, the forms, style and expressions used in Hindustani


composite culture of India and to secure its enrichment by assimilating without

interfering with its genius, the forms, style and expressions used in Hindustani

and  in  the  other  languages  of  India  specified  in  the  Eighth  Schedule,  and  by

drawing,  wherever  necessary  or  desirable,  for  its  vocabulary,  primarily  on

Sanskrit and secondarily on other languages.

238

PART XVIII

EMERGENCY PROVISIONS

352. Proclamation of Emergency.—(1) If the President is satisfied that

a  grave  emergency  exists  whereby  the  security  of  India  or  of  any  part  of  the

territory thereof is threatened, whether by war or external aggression or 1[armed

rebellion],  he  may,  by  Proclamation,  make  a  declaration  to  that  effect  2[in

respect of the whole of India or of such part of the territory thereof as may be

specified in the Proclamation.]

3 [Explanation.—A  Proclamation  of  Emergency  declaring  that  the

security of India or any part of the territory thereof is threatened by war or by

external  aggression  or  by  armed  rebellion  may  be  made  before  the  actual

occurrence  of  war  or  of  any  such  aggression  or  rebellion,  if  the  President  is

satisfied that there is imminent danger thereof.]

4[(2)  A  Proclamation issued under  clause (1)  may  be  varied  or revoked

by a subsequent Proclamation.

(3)  The  President  shall  not  issue  a  Proclamation  under  clause  (1)  or  a


by a subsequent Proclamation.

(3)  The  President  shall  not  issue  a  Proclamation  under  clause  (1)  or  a

Proclamation  varying  such  Proclamation  unless  the  decision  of  the  Union

Cabinet (that is to say, the Council consisting of the Prime Minister and other

Ministers of Cabinet rank appointed under article 75) that such a Proclamation

may be issued has been communicated to him in writing.

(4) Every Proclamation issued under this article shall be laid before each

House  of  Parliament  and  shall,  except  where  it  is  a  Proclamation  revoking  a

previous Proclamation, cease to operate at the expiration of one month unless

before the expiration of that period it has been approved by resolutions of both

Houses of Parliament:

1.  Subs.  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  37,  for  "internal

disturbance" (w.e.f. 20-6-1979).

2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 48 (w.e.f. 3-1-1977).

3. Ins.  by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).

4. Subs. by s. 37, ibid., for cls. (2), (2A) and (3) (w.e.f. 20-6-1979).

239

Provided  that  if  any  such  Proclamation  (not  being  a  Proclamation


239

Provided  that  if  any  such  Proclamation  (not  being  a  Proclamation

revoking  a  previous  Proclamation) is  issued  at  a  time  when the House  of  the

People has been dissolved, or the dissolution of the House of the People takes

place  during  the  period  of  one  month  referred  to  in  this  clause,  and  if  a

resolution  approving  the  Proclamation  has  been  passed  by  the  Council  of

States, but no resolution with respect to such Proclamation  has been passed by

the House of the People before the expiration of that period, the Proclamation

shall cease to operate at the expiration of thirty days from the date on which the

House  of  the  People  first  sits  after  its  reconstitution,  unless  before  the

expiration  of  the  said  period  of  thirty  days  a  resolution  approving  the

Proclamation has been also passed by the House of the People.

(5) A Proclamation  so approved shall, unless revoked, cease to operate

on the expiration of a period of six months from the date of the passing of the

second of the resolutions approving the Proclamation  under clause (4):

Provided that if and so often as a resolution approving the continuance in

force  of  such  a  Proclamation  is  passed  by  both  Houses  of  Parliament  the

Proclamation shall, unless revoked, continue in force for a further period of six

months from the date on which it would otherwise have ceased to operate under

this clause:

Provided further that if the dissolution of the House of the People takes


months from the date on which it would otherwise have ceased to operate under

this clause:

Provided further that if the dissolution of the House of the People takes

place  during  any  such  period  of  six  months  and  a  resolution  approving  the

continuance  in  force  of  such  Proclamation has been passed  by  the  Council  of

States  but  no  resolution  with  respect  to  the  continuance  in  force  of  such

Proclamation  has  been  passed  by  the  House  of  the  People  during  the  said

period, the Proclamation shall cease to operate at the expiration of thirty days

from the date on which the House of the People first sits after its reconstitution

unless  before  the  expiration  of  the  said  period    of  thirty  days,  a  resolution

approving the continuance in force  of the Proclamation  has been also passed

by the House of the People.

(6) For the  purposes  of  clauses (4) and (5), a  resolution  may  be  passed

by  either  House  of  Parliament  only  by  a  majority  of  the total  membership  of

that House and by a majority of not less than two-thirds of the Members of that

House present and voting.

(7)  Notwithstanding  anything  contained  in  the  foregoing  clauses,  the

President shall revoke a Proclamation issued under clause (1) or a Proclamation

varying  such  Proclamation  if  the  House  of  the  People  passes  a  resolution

disapproving, or, as the case may be, disapproving the continuance in force  of,

such Proclamation.

240


disapproving, or, as the case may be, disapproving the continuance in force  of,

such Proclamation.

240

(8)  Where  a  notice  in  writing  signed  by  not  less  than  one-tenth  of  the

total number of members of the House of the People  has been given, of their

intention  to  move  a  resolution  for  disapproving,  or,  as  the  case  may  be,  for

disapproving  the  continuance  in  force  of,  a  Proclamation    issued  under

clause (1) or a Proclamation  varying such Proclamation,—

(a) to the Speaker, if the House is in session; or

(b) to the President, if the House  is not in session,

a special sitting of the House shall be held within fourteen days from the date

on which such notice is received by the Speaker, or, as the case may be, by the

President, for the purpose  of considering such resolution.]

1[(9)  The  power  conferred  on the  President by  this  article shall include

the power  to issue different  Proclamations  on different grounds, being war or

external aggression or 2[armed rebellion] or imminent danger of war or external

aggression  or  2[armed  rebellion],  whether  or  not  there  is  a  Proclamation

already  issued by  the President under  clause  (1)  and such  Proclamation   is  in

operation.

1*  *

353.  Effect  of  Proclamation  of Emergency.—While  a  Proclamation

of Emergency is in operation, then—


1*  *

353.  Effect  of  Proclamation  of Emergency.—While  a  Proclamation

of Emergency is in operation, then—

(a)  notwithstanding  anything  in  this  Constitution,  the  executive

power  of the Union shall extend to the giving of directions to any State

as  to  the  manner  in  which  the  executive  power    thereof  is  to  be

exercised;

(b)  the  power    of  Parliament  to  make  laws  with  respect  to  any

matter  shall  include  power  to  make  laws  conferring  powers  and

imposing    duties,  or  authorising  the  conferring  of  powers  and  the

imposition  of  duties,  upon  the  Union  or  officers  and  authorities  of  the

Union as respects that matter, notwithstanding that it is one which is not

enumerated in the Union List:

1. Cls. (4) and (5) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (with

retrospective effect) and subsequently cl. (4) renumbered as cl. (9) and cl. (5) omitted by

the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).

2. Subs. by s. 37, ibid. for  "internal disturbance" (w.e.f. 20-6-1979).

241

1[Provided that where a Proclamation  of Emergency is in operation only

in any part of the territory of India,—


241

1[Provided that where a Proclamation  of Emergency is in operation only

in any part of the territory of India,—

(i)  the  executive  power  of  the  Union  to  give    directions  under

clause (a), and

(ii) the  power  of Parliament to make laws  under clause (b),

shall  also  extend  to  any  State  other  than    a  State  in  which  or  in  any  part  of

which  the  Proclamation    of  Emergency  is  in  operation if  and in so  far  as the

security of India or any part of the territory thereof is threatened by activities in

or in relation to the part  of the territory of India in which the Proclamation  of

Emergency is in operation.]

354.  Application  of  provisions  relating  to  distribution  of  revenues

while  a  Proclamation  of  Emergency  is  in  operation.—(1)  The  President

may, while a Proclamation  of Emergency is in operation, by order  direct that

all  or  any  of  the  provisions  of  articles  268  to  279  shall  for  such  period,  not

extending in any case beyond the expiration of the financial year in which such

Proclamation  ceases  to operate, as may be specified in the order, have effect

subject  to such exceptions or modifications as he thinks fit.

(2) Every order made under clause (1) shall, as soon as may be after it is

made, be laid before each House of Parliament.

355. Duty of the Union to protect States against external aggression

and internal disturbance.—It shall be the duty of the Union to protect every


made, be laid before each House of Parliament.

355. Duty of the Union to protect States against external aggression

and internal disturbance.—It shall be the duty of the Union to protect every

State  against external aggression and internal disturbance and to ensure that the

Government of every State  is carried on in accordance with the provisions of

this Constitution.

356.  Provisions  in  case  of  failure  of  constitutional  machinery  in

States.—(1) If the President, on receipt of a report from the Governor 2*** of a

State  or  otherwise,  is  satisfied  that  a  situation  has  arisen  in  which  the

Government of the State cannot be carried on in accordance with the provisions

of this Constitution, the President may by Proclamation—

1.  Added  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  49  (w.e.f.  3-1-

1977).

2.  The  words  "or  Rajpramukh"  omitted  by  the  Constitution  (Seventh  Amendment)  Act,

1956, s. 29 and Sch. (w.e.f. 1-11-1956).

242

(a)  assume  to  himself  all  or  any  of  the  functions  of  the

Government  of  the  State  and  all  or  any  of  the  powers  vested  in  or

exercisable  by  the  Governor 1***  or  any  body  or  authority  in the State

other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be

exercisable by or under the authority of Parliament;


other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be

exercisable by or under the authority of Parliament;

(c)  make  such  incidental  and  consequential  provisions  as  appear

to  the  President  to  be  necessary  or  desirable  for  giving  effect  to  the

objects  of  the  Proclamation,    including  provisions  for  suspending  in

whole  or  in  part  the  operation  of  any  provisions  of  this    Constitution

relating to any body or authority in the State:

Provided  that  nothing  in  this  clause  shall  authorise  the  President  to

assume to himself any of the powers vested in or exercisable by a High Court,

or  to  suspend  in  whole  or  in  part  the  operation  of  any  provision  of  this

Constitution relating to High Courts.

(2)  Any  such  Proclamation  may  be  revoked  or  varied  by  a  subsequent

Proclamation.

(3) Every Proclamation under this article shall be laid before each House

of Parliament and shall, except where it is a Proclamation revoking a previous

Proclamation,  cease  to  operate  at  the  expiration  of  two  months  unless  before

the expiration of that period it has been approved by resolutions of both Houses

of Parliament:

Provided  that  if  any  such  Proclamation  (not  being  a  Proclamation

revoking  a  previous  Proclamation) is  issued  at  a  time  when the House  of  the


revoking  a  previous  Proclamation) is  issued  at  a  time  when the House  of  the

People is  dissolved  or the dissolution  of  the  House   of the  People takes  place

during the  period  of  two  months  referred  to in this  clause, and if a resolution

approving  the  Proclamation has  been passed  by  the  Council  of  States,  but  no

resolution with respect to such Proclamation has been passed by the House of

the People before the expiration of that period, the Proclamation shall cease to

operate at the expiration of thirty days from the date on which the House of the

People first sits after its reconstitution unless before the expiration of the  said

period  of  thirty  days  a  resolution  approving  the  Proclamation  has  been  also

passed by the House of the People.

1.  The  words  "or  Rajpramukh,  as  the  may  be"  omitted  by  the  Constitution  (Seventh

Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

243

(4)  A  Proclamation  so approved  shall, unless revoked,  cease  to  operate

on  the  expiration  of  a  period  of  1[six  months  from  the  date  of  issue  of  the

Proclamation]:

Provided that if and so often as a resolution approving the continuance in

force  of  such  a  Proclamation  is  passed    by  both  Houses  of  Parliament,  the