were omitted therefrom:

1[Provided that in relation to the 2[Legislatures of the States of Himachal

Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for

the words “fifteen years” occurring therein, the words “twenty-five years” were

substituted:]

3[Provided  further  that  in  relation  to  the 4[Legislatures  of  the  States  of

5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for

the  words  "fifteen  years"  occurring  therein,  the  words  "forty  years"  were

substituted.]

1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).

2. Subs.  by the North-Eastern  Areas (Reorganisation)  Act, 1971 (81 of 1971), s. 71,  for

"Legislature of the State of Himachal Pradesh" (w.e.f. 21-1-1972).

3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

4. Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for "Legislature

of the State of Mizoram" (w.e.f. 20-2-1987).


of the State of Mizoram" (w.e.f. 20-2-1987).

5. Subs. by  the Goa, Daman and  Diu Reorganisation  Act, 1987 (18 of 1987),  s. 63,  for

"Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987).

127

211.  Restriction  on  discussion  in  the  Legislature.—No    discussion

shall take place in the Legislature of a State with respect to the conduct of any

Judge of the Supreme Court or of a High Court in the discharge of his duties.

212.  Courts  not  to inquire  into  proceedings  of  the  Legislature.—(1)

The validity of any proceedings in the Legislature of a State shall not be called

in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of the Legislature of a State in whom powers

are vested by or under this Constitution for regulating procedure or the conduct

of business, or for maintaining order, in the Legislature shall be subject to the

jurisdiction of any court in respect of the exercise by him of those powers.

CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR

213. Power of Governor to promulgate Ordinances during recess of

Legislature.—(1)  If  at  any  time,  except  when  the  Legislative  Assembly  of  a

State  is  in  session,  or  where  there  is  a  Legislative  Council  in  a  State,  except

when  both  Houses  of  the  Legislature are  in  session,  the  Governor  is  satisfied


when  both  Houses  of  the  Legislature are  in  session,  the  Governor  is  satisfied

that  circumstances  exist  which  render  it  necessary  for  him  to  take  immediate

action,  he  may  promulgate    such  Ordinances  as  the  circumstances  appear  to

him to require:

Provided  that  the  Governor  shall  not,  without  instructions  from  the

President, promulgate any such Ordinance if—

(a)  a  Bill  containing  the  same  provisions  would  under  this

Constitution have required the previous sanction of the President for the

introduction thereof into the Legislature; or

(b)  he  would  have  deemed  it  necessary  to  reserve  a    Bill

containing the same provisions for the consideration of the President; or

(c)  an  Act  of  the  Legislature  of  the  State  containing  the  same

provisions  would  under  this  Constitution  have  been  invalid  unless,

having  been  reserved  for  the  consideration  of  the  President,  it  had

received the assent of the President.

(2)  An  Ordinance  promulgated  under  this  article  shall  have  the  same

force  and  effect  as  an  Act  of  the  Legislature  of  the  State  assented  to  by  the

Governor, but every such Ordinance—

128

(a) shall be laid  before the  Legislative  Assembly  of  the  State,  or

where there is a Legislative Council in the State, before both the Houses,


128

(a) shall be laid  before the  Legislative  Assembly  of  the  State,  or

where there is a Legislative Council in the State, before both the Houses,

and  shall  cease  to  operate  at  the  expiration  of  six  weeks  from  the

reassembly of the Legislature, or if before the expiration of that period a

resolution  disapproving  it  is  passed  by  the  Legislative  Assembly  and

agreed  to  by  the  Legislative  Council,  if  any,  upon  the  passing  of  the

resolution  or, as  the  case  may  be,  on the  resolution being  agreed to  by

the Council; and

(b) may be withdrawn at any time by the Governor.

Explanation.—Where the  Houses  of  the  Legislature  of  a  State  having  a

Legislative Council are summoned to reassemble on different dates, the period

of six weeks shall be reckoned from the later of those dates for the purposes of

this clause.

(3) If and so far as an Ordinance under this article makes any provision

which  would  not  be  valid  if enacted  in  an  Act  of  the  Legislature of  the  State

assented to by the Governor, it shall be void:

Provided  that,  for  the  purposes  of  the  provisions  of  this  Constitution

relating to the effect of an Act of the Legislature of  a State which is repugnant

to an Act of Parliament or an existing law with respect to a matter enumerated

in  the  Concurrent  List,  an  Ordinance  promulgated  under  this  article  in


in  the  Concurrent  List,  an  Ordinance  promulgated  under  this  article  in

pursuance  of  instructions  from the  President  shall be  deemed to  be  an  Act  of

the Legislature of the State which has been reserved for the consideration of the

President and assented to by him.

1(4)*

*                           *

CHAPTER V.—THE HIGH COURTS IN THE STATES

214.  High  Courts  for  States.—2*** There shall be a High Court for each

State.

3(2)*                          *                            *                            *

3(3)*                          *                            *                            *

215. High Courts to be courts of record.—Every High Court shall be a

court  of  record  and  shall  have  all  the  powers  of  such  a  court  including  the

power to punish for contempt of itself.

1. Cl. (4)  was ins.  by  the Constitution (Thirty-eighth  Amendment)  Act, 1975, s. 3 (with

retrospective  effect)  and  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,

1978, s. 27 (w.e.f. 20-6-1979).

2. The  bracket and  figure  "(1)" omitted  by  the Constitution (Seventh  Amendment)  Act,

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

3. Cls. (2) and (3) omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

129

216. Constitution of High Courts.—Every High Court shall consist of a


129

216. Constitution of High Courts.—Every High Court shall consist of a

Chief  Justice  and  such  other  Judges  as  the  President  may  from  time  to  time

deem it necessary to appoint.

*                           *                          *

1*

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

Court.—(1) Every Judge of a High Court shall be appointed by the President

by  warrant  under  his  hand  and  seal 2[on  the  recommendation  of  the  National

Judicial  Appointments  Commission  referred  to  in  article  124A],  and  the

Governor of the State, and, in the case of appointment of a Judge other than the

Chief  Justice,  the  Chief  Justice  of  the  High  Court,   3[shall  hold  office,  in  the

case  of  an  additional  or  acting  Judge,  as  provided  in  article  224,  and  in  any

other case, until he attains the age of 4[sixty-two years:]]

Provided that—

(a)  a  Judge  may,  by  writing  under  his  hand  addressed  to  the

President, resign his office;

(b) a  Judge  may  be removed  from  his  office  by  the  President in the

manner provided in clause (4) of article 124 for the removal of a Judge

of the Supreme Court;

(c) the  office  of  a Judge  shall  be  vacated  by  his  being  appointed by

the  President  to  be  a  Judge  of  the  Supreme  Court  or  by  his  being


the  President  to  be  a  Judge  of  the  Supreme  Court  or  by  his  being

transferred by the President to any other High Court within the territory

of India.

(2) A person shall not be qualified for appointment as a Judge of a High

Court unless he is a citizen of India and—

(a) has for at least ten years held a judicial office in the territory of

India; or

1 .  Proviso  omitted  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  11

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

2 .  Subs.  by  the  Constitution  (Ninety-ninth  Amendment)  Act,  2014,  s.  6,    for  "after

consultation with the Chief Justice of India,  the Governor of the State, and, in the case

of  appointment  of  a  Judge  other  than  the  Chief  Justice,  the  Chief  Justice  of  the  High

Court"    (w.e.f.  13-4-2015).  This  amendment  has  been  struck  down  by  the  Supreme

Court in the case of Supreme Court Advocates-on-Record Association and Another Vs.

Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office

until he attains the age of sixty years" (w.e.f. 1-11-1956).


until he attains the age of sixty years" (w.e.f. 1-11-1956).

4. Subs. by the Constitution (Fifteenth  Amendment) Act, 1963, s. 4(a), for "sixty years"

(w.e.f. 5-10-1963).

130

(b)  has  for  at  least  ten  years  been  an  advocate  of  a  High  Court

1*** or of two or more such Courts in succession.2***

2(c)*                  *                       *                       *                        *

Explanation.—For the purposes of this clause—

3[(a)  in  computing  the  period  during  which  a  person  has  held

judicial office in the territory of India, there shall be included any period,

after he has held any judicial office, during which the person has been an

advocate of a High Court or has held the office of a member of a tribunal

or any post, under the  Union or a State, requiring special knowledge of

law;]

4[(aa)]  in  computing  the  period  during  which  a  person  has  been  an

advocate  of  a  High  Court,  there  shall  be  included  any  period  during

which the person 5[has held judicial office or the office of a member of a

tribunal  or  any  post,  under  the  Union  or  a  State,  requiring  special

knowledge of law] after he became an advocate;

(b) in  computing the period  during  which a  person  has  held  judicial

office in the territory of India or been an advocate of a High Court, there


(b) in  computing the period  during  which a  person  has  held  judicial

office in the territory of India or been an advocate of a High Court, there

shall  be  included  any  period  before  the  commencement  of  this

Constitution during which he has held judicial office in any area which

was comprised before the fifteenth day of August, 1947, within India as

defined by the Government of India Act, 1935, or has been an advocate

of any High Court in any such area, as the case may be.

6[(3) If any question arises as to the age of a Judge of a High Court, the

question  shall  be  decided  by  the  President  after  consultation  with  the  Chief

Justice of India and the decision of the President shall be final.]

1. The  words  "in any  State  specified in the  First  Schedule" omitted  by the  Constitution

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

2 .  The  word  "or"  and    sub-clause  (c)  were  ins.  by  the  Constitution  (Forty-second

Amendment)  Act,  1976,  s.  36  (w.e.f.  3-1-1977)  and  omitted  by  the  Constitution

(Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).

3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. s. 28 (w.e.f. 20-6-1979).


3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. s. 28 (w.e.f. 20-6-1979).

4. Cl. (a) re-lettered as cl. (aa) by the Constitution (Forty-fourth Amendment) Act, 1978,

s. 28 (w.e.f. 20-6-1979).

5.  Subs. by the Constitution (Forty-second  Amendment)  Act, 1976, s. 36,  for  "has  held

judicial office" (w.e.f. 3-1-1977).

6. Ins. by the Constitution (Fifteenth  Amendment) Act, 1963, s. 4(b), (with retrospective

effect).

131

218. Application of certain provisions relating to Supreme Court to

High Courts.—The provisions of clauses (4) and (5) of article 124 shall apply

in relation to a High Court as they apply in relation to the Supreme Court with

the substitution of references to the High Court for references to the Supreme

Court.

219.  Oath  or  affirmation  by  Judges  of  High  Courts.—Every  person

appointed to be a Judge of a High Court 1*** shall, before he enters upon his

office,  make  and  subscribe  before  the  Governor  of  the  State,  or  some  person

appointed  in that  behalf  by  him, an  oath  or affirmation  according  to the  form

set out for the purpose in the Third Schedule.

2[220.  Restriction  on  practice  after  being  a  permanent  Judge.—No

person who, after the commencement of this Constitution, has held office as a


2[220.  Restriction  on  practice  after  being  a  permanent  Judge.—No

person who, after the commencement of this Constitution, has held office as a

permanent Judge of a High Court shall plead or act in any court or before any

authority in India except the Supreme Court and the other High Courts.

Explanation.—In  this  article,  the  expression  “High  Court”  does  not

include a High Court for a State specified in Part B of the First Schedule as it

existed  before  the  commencement3 of  the  Constitution  (Seventh  Amendment)

Act, 1956.]

221.  Salaries,  etc.,  of  Judges.—4[(1) There shall be paid to the Judges

of each High Court such salaries as may be determined by Parliament by law

and, until provision in that behalf is so made, such salaries as are specified in

the Second Schedule.]

(2) Every Judge shall be entitled to such allowances and to such rights in

respect  of  leave  of  absence  and  pension  as  may  from  time  to  time  be

determined  by  or  under  law  made  by  Parliament  and,  until  so  determined,  to

such allowances and rights as are specified in the Second Schedule:

Provided that neither the allowances of a Judge nor his rights in respect

to  leave  of  absence  or  pension  shall  be  varied  to  his  disadvantage  after  his

appointment.

1. The words "in a State" 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).

2. Subs. by s. 13, ibid. (w.e.f. 1-11-1956).

3. 1st November, 1956.

4.  Subs.  by  the  Constitution  (Fifty-fourth  Amendment)  Act,  1986,  s.  3,  for  clause  (1)

(w.e.f. 1-4-1986).

132

222. Transfer of a Judge from one High Court to another.—(1) The

President may, 1[on the recommendation of the National Judicial Appointments

Commission referred to in article 124A], transfer a Judge from one High Court

to any other High Court 2***.

3[(2)  When  a  Judge  has  been  or  is  so  transferred,  he  shall,  during  the

period  he  serves,  after  the  commencement  of  the  Constitution  (Fifteenth

Amendment)  Act,  1963,  as  a  Judge  of  the  other  High  Court,  be  entitled  to

receive  in  addition  to  his  salary  such  compensatory  allowance  as  may  be

determined by Parliament by law and, until so determined, such compensatory

allowance as the President may by order fix.]

223. Appointment of acting Chief Justice.—When the office of Chief

Justice of a High Court is vacant or when any such Chief Justice is, by reason

of absence or otherwise, unable to perform the duties of his office, the duties of


Justice of a High Court is vacant or when any such Chief Justice is, by reason

of absence or otherwise, unable to perform the duties of his office, the duties of

the  office  shall  be  performed  by  such  one  of  the  other  Judges  of  the  Court as

the President may appoint for the purpose.

4 [224.  Appointment  of  additional  and  acting  Judges.—(1)  If  by

reason of any temporary increase in the business of a High Court or by reason

of  arrears  of  work  therein,  it  appears  to  the  President  that  the  number  of  the

Judges  of  that  Court  should  be  for  the  time  being  increased, 5[the  President

may,  in  consultation  with  the  National  Judicial  Appointments  Commission,

appoint]  duly  qualified  persons  to  be  additional  Judges  of  the  Court  for  such

period not exceeding two years as he may specify.

(2) When any Judge of a High Court other than the Chief Justice is by

1 .  Subs.  by  the  Constitution  (Ninety-ninth  Amendment)  Act,  2014,  s.  7,    for  "after

consultation  with the Chief Justice  of India" (w.e.f. 13-4-2015). This amendment  has

been struck down by the Supreme Court in the case of  Supreme Court Advocates-on-

Record Association and Another Vs. Union of India in its judgment dated 16-10-2015,

AIR 2016 SC 117.


Record Association and Another Vs. Union of India in its judgment dated 16-10-2015,

AIR 2016 SC 117.

2 .  The  words  "within  the  territory  of  India"  omitted  by  the  Constitution  (Seventh

Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).

3.  Original  cl.  (2)  was  omitted    by  the  Constitution  (Seventh  Amendment)  Act,  1956,

s.  14  (w.e.f.  1-11-1956)  and  subsequently  ins.  by  the  Constitution  (Fifteenth

Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).

4 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  15  for  art.  224

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

5 .  Subs.  by  the  Constitution  (Ninety-ninth  Amendment)  Act,  2014,  s.  8,    for  "the

President may appoint" (w.e.f. 13-4-2015). This amendment has been struck down, by

the  Supreme  Court  in  the  case  of  Supreme  Court  Advocates-on-Record  Association

and Another Vs. Union of India in its judgment, dated 16-10-2015, AIR 2016 SC 117.

133

reason  of  absence  or  for any  other reason  unable  to  perform  the duties  of  his


133

reason  of  absence  or  for any  other reason  unable  to  perform  the duties  of  his

office or is appointed to act temporarily as Chief Justice, 1[the President may,

in consultation with the National Judicial  Appointments Commission, appoint]

a duly qualified person to act as a Judge of that Court until the permanent Judge

has resumed his duties.

(3)  No  person  appointed  as  an  additional  or  acting  Judge  of  a  High

Court shall hold office after attaining the age of 2[sixty-two years].]

3[224A. Appointment of  retired Judges at sittings of  High Courts.—

Notwithstanding anything in this Chapter, 4[the National Judicial Appointments

Commission on a reference made to it by the Chief Justice of a High Court for

any State, may with the previous consent of the President], request any person

who has held the office of a Judge of that Court or of any other High Court to

sit and act as a Judge of the High Court for that State, and every such person so

requested  shall,  while  so  sitting  and  acting,  be  entitled  to  such  allowances  as

the President may by order determine and have all the jurisdiction, powers and

privileges  of,  but  shall  not  otherwise  be  deemed  to  be,  a  Judge  of  that  High

Court:

Provided that nothing in this article shall be deemed to require any such

person  as  aforesaid  to  sit  and  act  as  a  Judge  of  that  High  Court  unless  he

consents so to do.]

225.  Jurisdiction  of  existing  High  Courts.—Subject  to the  provisions


consents so to do.]

225.  Jurisdiction  of  existing  High  Courts.—Subject  to the  provisions

of  this  Constitution  and  to  the  provisions  of  any  law  of  the  appropriate

Legislature  made  by  virtue  of  powers  conferred  on  that  Legislature  by  this

Constitution, the jurisdiction of, and the law administered in, any existing High

Court,  and  the  respective  powers  of  the  Judges  thereof  in  relation  to  the

administration  of  justice  in  the  Court,  including  any  power  to  make  rules  of

Court and to  regulate the  sittings  of the  Court  and  of  members thereof  sitting

alone  or  in  Division  Courts,  shall  be  the  same  as  immediately  before  the

commencement of this Constitution:

1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8 for "the President

may  appoint"  (w.e.f.  13-4-2015).  This  amendment  has  been  struck  down  by  the

Supreme  Court  in  the  case  of  Supreme  Court  Advocates-on-Record  Association  and

Another Vs. Union of India in its judgment, dated 16-10-2015, AIR 2016 SC 117.

2 Subs.  by  the  Constitution  (Fifteenth    Amendment)  Act,  1963,  s.  6,  for  "sixty  years"

(w.e.f. 5-10-1963).


(w.e.f. 5-10-1963).

3. Ins. by s. 7, ibid. (w.e.f. 5-10-1963).

4. Subs.  by the  Constitution (Ninety-ninth  Amendment)  Act, 2014,   s. 9,  for "the  Chief

Justice of a High Court for any State may at any time, with the previous consent of the

President"  (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme

Court in the case of Supreme Court Advocates-on-Record Association and Another Vs.

Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

134

1 [Provided  that  any  restriction  to  which  the  exercise  of  original

jurisdiction  by  any  of  the  High  Courts  with  respect  to  any  matter  concerning

the revenue or concerning any act ordered or done in the collection thereof was

subject  immediately  before  the  commencement  of  this  Constitution  shall  no

longer apply to the exercise of such jurisdiction.]

2 [226.  Power  of  High  Courts  to

issue  certain  writs.—(1)

Notwithstanding  anything  in  article  32  3 ***,  every  High  Court  shall  have

power, throughout the territories in relation to which it exercises jurisdiction, to

issue  to  any  person  or  authority,  including  in  appropriate  cases,  any

Government,  within  those  territories  directions,  orders  or  writs,  including


Government,  within  those  territories  directions,  orders  or  writs,  including

4[writs  in  the  nature  of  habeas  corpus,  mandamus,  prohibition, quo  warranto

and  certiorari,  or  any  of  them,  for  the  enforcement  of  any  of  the  rights

conferred by Part III and for any other purpose.]

(2) The power conferred by clause (1) to issue directions, orders or writs

to  any  Government,  authority  or  person  may  also  be  exercised  by  any  High

Court exercising jurisdiction in relation to the territories within which the cause

of  action,  wholly  or  in  part,  arises  for  the  exercise  of  such  power,

notwithstanding that the seat of such Government or authority or the residence

of such person is not within those territories.

5[(3) Where any party against whom an interim order, whether by way of

injunction  or  stay  or  in  any  other  manner, is  made  on,  or in any  proceedings

relating to, a petition under clause (1), without—

(a) furnishing to such party copies of such petition and all documents

in support of the plea for such interim order; and

1 .  Omitted  by  the  Constitution  (Forty-second  Amendment)    Act,  1976,  s.  37

(w.e.f. 1-2-1977) and subsequently ins. by the Constitution (Forty-fourth Amendment)

Act, 1978, s. 29 (w.e.f. 20-6-1979).


Act, 1978, s. 29 (w.e.f. 20-6-1979).

2.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  38  for  art.  226

(w.e.f. 1-2-1977).

3. The words, figures and letters "but subject to the provisions of article 131A and article

226A"  omitted  by  the  Constitution  (Forty-third  Amendment)  Act,  1977,  s.  7

(w.e.f. 13-4-1978).

4. Subs. by  the Constitution (Forty-fourth  Amendment)  Act, 1978, s. 30,  for  the portion

beginning  with  "writs  in  the  nature  of  habeas  corpus,  mandamus,  prohibition,  quo

warranto and certiorari, or any of them" and ending with "such illegality has resulted

in substantial failure of justice." (w.e.f. 1-8-1979).

5. Subs. by s.30,  ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979).

135

(b) giving such party an opportunity of being heard,

makes  an  application  to  the  High  Court  for  the  vacation  of  such  order  and

furnishes a copy of such application to the party in whose favour such order has

been  made  or  the  counsel  of  such  party,  the  High  Court  shall  dispose  of  the


been  made  or  the  counsel  of  such  party,  the  High  Court  shall  dispose  of  the

application within a period of two weeks from the date on which it is received or

from the date on which the copy of such application is so furnished, whichever is

later, or where the High Court is closed on the last day of that period, before the

expiry  of  the  next  day  afterwards  on  which  the  High  Court  is  open;  and  if  the

application  is  not  so  disposed  of,  the  interim  order  shall,  on  the  expiry  of  that

period, or, as the case may be, the expiry of the said next day, stand vacated.]

1[(4)  The  power  conferred  on  a  High  Court  by  this  article  shall  not  be  in

derogation of the power conferred on the Supreme Court by clause (2) of article 32.]

2[226A.  Constitutional  validity  of  Central  laws  not  to  be  considered  in

proceedings  under  article  226.].—Omitted  by  the  Constitution  (Forty-third

Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).

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

3[(1) Every High Court shall have superintendence over all courts and tribunals

throughout the territories in relation to which it exercises jurisdiction.]

(2)  Without  prejudice  to  the  generality  of  the  foregoing  provision,  the

High Court may—

(a) call for returns from such courts;


(2)  Without  prejudice  to  the  generality  of  the  foregoing  provision,  the

High Court may—

(a) call for returns from such courts;

(b)  make  and  issue  general  rules  and  prescribe  forms  for  regulating

the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept

by the officers of any such courts.

(3)  The  High  Court  may  also  settle  tables  of  fees  to  be  allowed  to  the

sheriff and all clerks and officers of such courts and to attorneys, advocates and

pleaders practising therein:

1. Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978,

s. 30 (w.e.f. 1-8-1979).

2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).

3.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  40,  for  cl.  (1)

(w.e.f.  1-2-1977)  and  further  subs.  by  the  Constitution  (Forty-fourth  Amendment)

Act, 1978, s. 31, for cl. (1) (w.e.f. 20-6-1979).

136

Provided  that  any  rules  made,  forms  prescribed  or  tables  settled  under

clause (2) or clause (3) shall not be inconsistent with the provision of any law


clause (2) or clause (3) shall not be inconsistent with the provision of any law

for  the  time  being  in  force,  and  shall  require  the  previous  approval  of  the

Governor.

(4)  Nothing  in  this  article  shall  be  deemed  to  confer  on  a  High  Court

powers  of  superintendence  over  any  court  or  tribunal  constituted by  or  under

any law relating to the Armed Forces.

1(5)*                            *                             *                             *

228.  Transfer  of  certain  cases  to  High  Court.—If  the  High  Court  is

satisfied that a case pending in a court subordinate to it involves a substantial

question of law as to the interpretation of this Constitution the determination of

which is necessary for the disposal of the case, 2[it shall withdraw the case and

3*** may—]

(a) either dispose of the case itself, or

(b)  determine  the  said  question  of  law  and return the  case to the

court from which the case has been so withdrawn together with a copy of

its judgment on such question, and the said court shall on receipt thereof

proceed to dispose of the case in conformity with such judgment.

4 [228A.  Special  provisions  as  to  disposal  of  questions  relating  to

constitutional  validity  of  State  laws.].—Omitted  by  the  Constitution  (Forty-

third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).

229.  Officers  and  servants  and  the  expenses  of  High  Courts.—(1)


229.  Officers  and  servants  and  the  expenses  of  High  Courts.—(1)

Appointments of officers and servants of a High Court shall be made by the Chief

Justice of the Court or such other Judge or officer of the Court as he may direct:

1 .  Cl.  (5)  was  ins.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  40

(w.e.f.  1-2-1977)  and  omitted  by  the  Constitution  (Forty-fourth  Amendment)

Act, 1978, s. 31 (w.e.f. 20-6-1979).

2.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  41,  for  "it  shall

withdraw the case and may—" (w.e.f. 1-2-1977).

3.  The  words,  figures and  letter,  "subject to the  provisions of article 131A," omitted by

the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).

4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).

137

Provided that the Governor of the State 1*** may by rule require that in

such cases as may be specified in the rule no person not already attached to the

Court  shall  be  appointed  to  any  office  connected  with  the  Court  save  after

consultation with the State Public Service Commission.


Court  shall  be  appointed  to  any  office  connected  with  the  Court  save  after

consultation with the State Public Service Commission.

(2) Subject to the provisions of any law made by the Legislature of the

State, the conditions of service of officers and servants of a High Court shall be

such as may be prescribed by rules made by the Chief Justice of the Court or by

some  other  Judge  or  officer  of  the  Court  authorised  by  the  Chief  Justice  to

make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate

to salaries, allowances, leave or pensions, require the approval of the Governor

of the State 1***.

(3)  The  administrative expenses  of  a  High  Court, including all  salaries,

allowances and pensions payable to or in respect of the officers and servants of

the  Court, shall  be  charged  upon  the  Consolidated  Fund  of  the  State,  and  any

fees or other moneys taken by the Court shall form part of that Fund.

2 [230.  Extension  of  jurisdiction  of  High  Courts  to  Union

territories.—(1) Parliament may by law extend the jurisdiction of a High Court

to, or exclude the jurisdiction of a High Court from, any Union territory.

(2) Where the High Court of a State exercises jurisdiction in relation to a

Union territory,—

(a) nothing in this  Constitution shall be  construed  as empowering the

Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor shall, in relation to


Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor shall, in relation to

any  rules,  forms  or  tables  for  subordinate  courts  in  that  territory,  be

construed as a reference to the President.

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

States.—(1) Notwithstanding anything contained in the preceding provisions of

this Chapter, Parliament may by law establish a common High Court for two or

more States or for two or more States and a Union territory.

(2) In relation to any such High Court,—

1. The words "in which the High Court has its principal seat" omitted by the  Constitution

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

2. Subs. by s. 16, ibid., for arts. 230, 231 and 232 (w.e.f. 1-11-1956).

138

1(a)*

*

(b) the reference in article 227 to the Governor shall, in relation to

any  rules,  forms  or  tables  for  subordinate  courts,  be  construed  as  a

reference  to  the  Governor  of  the  State  in  which  the  subordinate  courts

are situate; and

(c)  the  references  in  articles  219  and  229  to  the  State  shall  be

construed  as  a  reference  to  the  State  in  which  the  High  Court  has  its

principal seat:


construed  as  a  reference  to  the  State  in  which  the  High  Court  has  its

principal seat:

Provided that if such principal seat is in a Union territory, the references

in  articles  219  and  229  to  the  Governor,  Public  Service  Commission,

Legislature and Consolidated Fund of the State shall be construed respectively

as  references  to  the  President,  Union  Public  Service  Commission,  Parliament

and Consolidated Fund of India.]

[232. Interpretation.—Articles  230,  231  and  232 subs.  by  articles 230

and  231  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  16

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

CHAPTER VI.—SUBORDINATE  COURTS

233.  Appointment of district judges.—(1) Appointments of persons to

be, and the posting and promotion of, district judges in any State shall be made

by  the  Governor  of  the  State  in  consultation  with  the  High  Court  exercising

jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall

only be eligible to be appointed a district judge if he has been for not less than

seven  years  an  advocate  or  a  pleader and is  recommended  by  the  High  Court

for appointment.

1.  Cl.  (a)  was  omitted  by  the  Constitution  (Ninety-ninth  Amendment)  Act,  2014,  s.  10


(w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide

its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association and

Another  Vs.  Union  of  India  reported    AIR  2016  SC  117.  Before  amendment,  sub-

clause (a) was as under:—

"(a) the reference in article 217 to the Governor of the State shall be construed as

reference  to  the  Governors  of  all  the  States  in  relation  to  which  the  High  Court

exercises jurisdiction".

139

1[233A.  Validation    of    appointments    of,    and    judgments,    etc.,

delivered    by,    certain  district    judges.—Notwithstanding  any  judgment,

decree or order of any court,—

(a) (i) no appointment of any person already in the judicial service

of a State or of any person who has been for not less than seven years an

advocate or a pleader, to be a district judge in that State, and

(ii)  no  posting,  promotion  or  transfer  of  any  such  person  as  a

district judge,

made at any time before the commencement of the Constitution (Twentieth

Amendment) Act, 1966, otherwise than in accordance with the provisions

of article 233 or article 235 shall be deemed to be illegal or void or ever to

have  become  illegal  or  void  by  reason  only  of  the  fact  that  such

appointment,  posting,  promotion  or  transfer  was  not  made  in  accordance

with the said provisions;

(b) no jurisdiction exercised, no judgment, decree, sentence or order


with the said provisions;

(b) no jurisdiction exercised, no judgment, decree, sentence or order

passed or made, and no other act or proceeding done or taken, before the

commencement  of  the  Constitution  (Twentieth  Amendment)  Act,  1966

by, or before, any person appointed, posted, promoted or transferred as a

district  judge  in  any  State  otherwise  than  in  accordance  with  the

provisions  of  article  233  or article  235 shall  be deemed  to  be illegal  or

invalid  or  ever  to  have  become  illegal  or  invalid  by  reason  only  of  the

fact that such appointment, posting, promotion or transfer was not made

in accordance with the said provisions.]

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

service.—Appointments of persons other than district judges to the judicial service

of a State shall be made by the Governor of the State in accordance with rules made

by him in that behalf after consultation with the State Public Service Commission

and with the High Court exercising jurisdiction in relation to such State.

235.  Control  over  subordinate  courts.—The  control  over  district

courts  and  courts subordinate  thereto including the  posting  and promotion  of,

and the  grant  of  leave  to, persons  belonging  to  the  judicial  service  of  a  State

and holding any post inferior to the post of district judge shall be vested in the

High Court, but nothing in this article shall be construed as taking away from

any  such  person  any  right  of  appeal  which  he  may  have  under  the  law


any  such  person  any  right  of  appeal  which  he  may  have  under  the  law

regulating the conditions of his service or as authorising the High Court to deal

with  him  otherwise  than  in  accordance  with  the  conditions  of  his  service

prescribed under such law.

1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966).

140

236. Interpretation.—In this Chapter—

(a) the expression “district judge” includes judge of a city civil court,

additional district judge, joint district judge, assistant district judge, chief

judge  of  a  small  cause  court,  chief  presidency  magistrate,  additional

chief  presidency  magistrate,  sessions  judge,  additional  sessions  judge

and assistant sessions Judge;

(b)  the  expression  “judicial  service”  means  a  service  consisting

exclusively of persons intended to fill the post of district judge and other

civil judicial posts inferior to the post of district judge.

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

classes  of  magistrates.—The  Governor  may  by  public notification direct that

the  foregoing  provisions  of  this  Chapter  and  any  rules  made  thereunder  shall

with  effect  from  such  date  as  may  be  fixed  by  him  in  that  behalf  apply  in

relation  to  any  class  or  classes  of  magistrates  in  the  State  as  they  apply  in

relation to persons appointed to the judicial service of the State subject to such


relation to persons appointed to the judicial service of the State subject to such

exceptions and modifications as may be specified in the notification.

141

PART VII

[The States in Part B of the First Schedule].

 Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and

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

142

PART VIII

1[THE UNION TERRITORIES]

2[239.  Administration  of  Union  territories.—(1)  Save  as  otherwise

provided by Parliament by law, every Union territory shall be administered by

the President acting, to such extent as he thinks fit, through an administrator to

be appointed by him with such designation as he may specify.

(2)  Notwithstanding  anything  contained  in  Part  VI,  the  President  may

appoint  the  Governor  of  a  State  as  the  administrator  of  an  adjoining  Union

territory, and where a Governor is so appointed, he shall exercise his functions

as such administrator independently of his Council of Ministers.]

3[239A.  Creation  of  local  Legislatures  or  Council  of  Ministers  or

both  for  certain  Union  territories.—(1)  Parliament  may  by  law  create 4[for

the Union territory of 5[Puducherry]]—

(a) a body, whether elected or partly nominated and partly elected, to

function as a Legislature for the Union territory, or

(b) a Council of Ministers,

or both with such constitution, powers and functions, in each case, as may be

specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed to be


specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed to be

the  purposes  of  article  368

this  Constitution  for

an  amendment  of

1.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  17,  for    the  heading

"THE STATES IN PART C OF THE FIRST SCHEDULE" (w.e.f. 1-11-1956).

2. Subs. by s. 17, ibid., for arts. 239 and 240 (w.e.f. 1-11-1956).

3. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4 (w.e.f. 28-12-1962).

4. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63(c), for

"for  any  of  the  Union  territories  of  Goa,  Daman  and  Diu  and  Pondicherry"

(w.e.f. 30-5-1987).

5.  Subs.  by  the  Pondicherry  (Alteration  of    Name)  Act,  2006  (44  of  2006),  s.  4,  for

"Pondicherry" (w.e.f. 1-10-2006).

   Article 239A has been made applicable to Union territory of Jammu and Kashmir by

the  Jammu  and  Kashmir  Reorganisation  Act,  2019  (34  of  2019)  s.  13


the  Jammu  and  Kashmir  Reorganisation  Act,  2019  (34  of  2019)  s.  13

(w.e.f. 31-10-2019).

143

notwithstanding that it  contains  any  provision  which  amends  or  has  the effect

of amending this Constitution.]

1[239AA.  Special  provisions  with  respect  to  Delhi.—(1)  As  from  the

date  of  commencement  of  the  Constitution  (Sixty-ninth  Amendment)  Act,

1991, the Union territory of Delhi shall be called the National Capital Territory

of Delhi (hereafter in this Part referred to as the National Capital Territory) and

the administrator thereof appointed under article 239 shall be designated as the

Lieutenant Governor.

(2)(a)  There  shall  be  a  Legislative  Assembly  for  the  National  Capital

Territory and the seats in such Assembly shall be filled by members chosen by

direct election from territorial constituencies in the National Capital Territory.

(b) The total number of seats in the Legislative Assembly, the number of

seats  reserved  for  Scheduled  Castes,  the  division  of  the  National  Capital

Territory  into  territorial  constituencies  (including  the  basis  for  such  division)

and  all  other  matters  relating  to  the  functioning  of  the  Legislative  Assembly

shall be regulated by law made by Parliament.

(c) The provisions of articles 324 to 327 and 329 shall apply in relation

to  the  National  Capital  Territory,  the  Legislative  Assembly  of  the  National

Capital Territory and the members thereof as they apply, in relation to a State,


to  the  National  Capital  Territory,  the  Legislative  Assembly  of  the  National

Capital Territory and the members thereof as they apply, in relation to a State,

the Legislative Assembly of a State and the members thereof respectively; and

any  reference  in  articles  326  and  329  to  “appropriate  Legislature”  shall  be

deemed to be a reference to Parliament.

(3)  (a)  Subject  to  the  provisions  of  this  Constitution,  the  Legislative

Assembly  shall  have  power  to  make  laws  for  the  whole  or  any  part  of  the

National Capital Territory with respect to any of the matters enumerated in the

State List or in the Concurrent List in so far as any such matter is applicable to

Union territories except matters with respect to Entries 1, 2 and 18 of the State

List and  Entries  64,  65  and  66  of  that  List  in so  far as  they  relate to  the said

Entries 1, 2 and 18.

1. Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).

144

(b)  Nothing  in  sub-clause  (a)  shall  derogate  from  the  powers  of

Parliament under this Constitution to make laws with respect to any matter for

a Union territory or any part thereof.

(c)  If  any  provision  of  a  law  made  by  the  Legislative  Assembly  with

respect to any matter is repugnant to any provision of a law made by Parliament


respect to any matter is repugnant to any provision of a law made by Parliament

with respect to that matter, whether passed before or after the law made by the

Legislative  Assembly,  or  of  an  earlier  law,  other  than  a  law  made  by  the

Legislative Assembly, then, in either case, the law made by Parliament, or, as

the  case  may  be,  such  earlier  law,  shall  prevail  and  the  law  made  by  the

Legislative Assembly shall, to the extent of the repugnancy, be void:

Provided  that  if  any  such  law  made  by  the  Legislative  Assembly  has

been reserved for the consideration of the President and has received his assent,

such law shall prevail in the National Capital Territory:

Provided further that nothing in this sub-clause shall prevent Parliament

from enacting at any time any law with respect to the same matter including a

law  adding  to,  amending,  varying  or  repealing  the  law  so  made  by  the

Legislative Assembly.

(4) There shall be a Council of Ministers consisting of not more than ten

per cent. of the total number of members in the Legislative Assembly, with the

Chief  Minister  at  the  head  to  aid  and  advise  the  Lieutenant  Governor  in  the

exercise  of  his  functions  in  relation  to  matters  with  respect  to  which  the

Legislative Assembly has power to make laws, except in so far as he is, by or

under any law, required to act in his discretion:

Provided that in the case of difference of opinion between the Lieutenant


under any law, required to act in his discretion:

Provided that in the case of difference of opinion between the Lieutenant

Governor and his Ministers on any matter, the Lieutenant Governor shall refer

it to the President for decision and act according to the decision given thereon

by  the  President  and  pending  such  decision  it  shall  be  competent  for  the

Lieutenant Governor in any case where the matter, in his opinion, is so urgent

that it is necessary for him to take immediate action, to take such action or to

give such direction in the matter as he deems necessary.

(5)  The  Chief  Minister  shall  be  appointed  by  the  President  and  other

Ministers  shall  be  appointed  by  the  President  on  the  advice  of  the  Chief

Minister  and  the  Ministers  shall  hold  office  during  the  pleasure  of  the

President.

145

(6)  The  Council  of  Ministers  shall  be  collectively  responsible  to  the

Legislative Assembly.

1[(7) (a)] Parliament may, by law, make provisions for giving effect to,

or supplementing the provisions contained in the foregoing clauses and for all

matters incidental or consequential thereto.

2[(b) Any such law as is referred to in sub-clause (a) shall not be deemed

to  be  an  amendment  of  this  Constitution  for  the  purposes  of  article  368

notwithstanding that it  contains  any  provision  which  amends  or  has  the effect

of amending, this Constitution.]


notwithstanding that it  contains  any  provision  which  amends  or  has  the effect

of amending, this Constitution.]

(8)  The    provisions  of  article  239B  shall,  so  far  as  may  be,  apply  in

relation  to  the  National  Capital  Territory,  the  Lieutenant  Governor  and  the

Legislative  Assembly,  as  they  apply  in  relation  to  the  Union  territory  of

3 [Puducherry],  the  administrator  and  its  Legislature,  respectively;  and  any

reference in that article to “clause (1) of article 239A” shall be deemed  to be a

reference to this article or article 239AB, as the case may be.

239AB. Provision in case of failure of constitutional machinery.—If

the President, on receipt of a report from the Lieutenant Governor or otherwise,

is satisfied—

(a)  that  a  situation  has  arisen  in  which  the  administration  of  the

National  Capital  Territory  cannot  be  carried  on  in  accordance  with  the

provisions  of  article  239AA  or  of  any  law  made  in  pursuance  of  that

article; or

(b)  that  for  the  proper  administration  of  the  National  Capital

Territory it is necessary or expedient so to do,

the  President  may  by  order  suspend  the  operation  of  any  provision  of  article

239AA or of all or any of the provisions of any law made in pursuance of that


239AA or of all or any of the provisions of any law made in pursuance of that

article  for  such  period  and  subject  to  such  conditions  as  may  be  specified  in

such law and make such incidental and consequential provisions as may appear

1. Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for "(7)"

(w.e.f. 21-12-1991).

2. Ins. by s. 3, ibid. (w.e.f. 21-12-1991).

3 .  Subs.  by  the  Pondicherry  (Alteration  of    Name)  Act,  2006  (44  of  2006),  s.  4,  for

"Pondicherry" (w.e.f. 1-10-2006).

146

to  him  to  be  necessary  or  expedient  for  administering  the  National  Capital

Territory in accordance with the provisions of article 239 and article 239AA.]

1[239B.  Power  of  administrator  to  promulgate  Ordinances  during

recess of Legislature.—(1) If at any time, except when the Legislature of 2[the

Union  territory  of  3[Puducherry]]  is  in  session,  the  administrator  thereof  is

satisfied  that  circumstances  exist  which  render  it  necessary  for  him  to  take

immediate  action,  he  may  promulgate  such  Ordinances  as  the  circumstances

appear to him to require:


immediate  action,  he  may  promulgate  such  Ordinances  as  the  circumstances

appear to him to require:

Provided  that  no  such  Ordinance  shall  be  promulgated  by  the

administrator  except  after  obtaining  instructions  from  the  President  in  that

behalf:

Provided  further  that  whenever  the  said  Legislature  is  dissolved,  or  its

functioning remains suspended on account of any action taken under any such

law  as is referred  to  in  clause (1)  of  article 239A, the  administrator  shall not

promulgate any Ordinance during the period of such dissolution or suspension.

(2)  An  Ordinance  promulgated  under  this  article  in  pursuance  of

instructions from the President shall be deemed to be an Act of the Legislature

of  the  Union   territory  which  has  been  duly  enacted after  complying  with the

provisions in that behalf contained in any such law as is referred to in clause (1)

of article 239A, but every such Ordinance—

(a) shall be laid before the Legislature of the Union  territory and

shall cease to operate at the expiration of six weeks from the reassembly

of the Legislature or if, before the expiration of that period, a resolution

disapproving  it  is  passed  by  the  Legislature,  upon  the  passing  of  the

resolution; and

(b)  may  be  withdrawn  at  any  time  by  the  administrator  after

obtaining instructions from the President in that behalf.

(3) If and so far as an Ordinance under this article makes any provision


obtaining instructions from the President in that behalf.

(3) If and so far as an Ordinance under this article makes any provision

which would not be valid if enacted in an Act of the Legislature of the Union

territory  made  after  complying  with  the  provisions  in that  behalf contained in

any such law as is referred to in clause (1) of article 239A, it shall be void.]

1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971).

2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for "a Union

territory referred to in clause (1) article 239A" (w.e.f. 30-5-1987).

3 .  Subs.  by  the  Pondicherry  (Alteration  of  Name)  Act,  2006  (44  of  2006),  s.  4,  for

"Pondicherry" (w.e.f. 1-10-2006).

147

*                              *

1(4)*

2[240.    Power  of  President  to  make  regulations  for  certain  Union

territories.—(1)  The  President  may  make  regulations  for  the  peace,  progress

and good government of the Union territory of—

(a) the Andaman and Nicobar Islands;

3[(b) Lakshadweep;]

4[(c) Dadra and Nagar Haveli and Daman and Diu;]

5[(d)  **** ;]

6[(e) 7[Puducherry ];]


5[(d)  **** ;]

6[(e) 7[Puducherry ];]

8(f) * * *

9(g) * * *

10[Provided that when any body is created under article 239A to function

as a Legislature for the 11[Union territory of  5[Puducherry]], the President shall

not  make  any  regulation  for the peace,  progress and  good  government  of  that

1.  Ins.  by  the  Constitution  (Thirty-eighth  Amendment)  Act,  1975,  s.  4  (with  retrospective

effect)  and  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  32

(w.e.f. 20-6-1979).

2 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17 (b) for articles 239 and

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

3.  Subs.  by  the  Laccadive,  Minicoy  and  Amindivi  Islands  (Alteration  of  Name)  Act,  1973

(34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973).

4 .  Ins.  by  the  Constitution  (Tenth  Amendment)  Act,  1961,  s.3  (w.e.f.  11-8-1961)  and

subsequently  subs.  by  the  Dadra  and  Nagar  Haveli  and  Daman  and  Diu  (Merger  of  Union


subsequently  subs.  by  the  Dadra  and  Nagar  Haveli  and  Daman  and  Diu  (Merger  of  Union

territories) Act, 2019 (44 of 2019) s. 4(i) (w.e.f. 26-1-2020).

5.  Omitted  by  the  Dadra  and  Nagar  Haveli  and  Daman  and  Diu  (Merger  of  Union  territories)

Act, 2019 (44 of 2019)  s. 4(ii) (w.e.f. 26-1-2020).

6.  Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).

7 .  Subs.  by  the  Pondicherry    (Alteration  of  Name)  Act,  2006  (44  of  2006),  s.  4  for

"Pondicherry" (w.e.f. 1-10-2006).

8. The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986             (34 of

1986), s. 39 (w.e.f. 20-2-1987).

9. The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act,

1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).

10. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).


10. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).

11. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for "Union territory

of Goa, Daman and Diu or Pondicherry" (w.e.f. 15-2-1972).

148

Union territory with effect from the date appointed for the first meeting of the

Legislature:]

1[Provided  further  that  whenever  the  body  functioning  as  a  Legislature

for the Union territory of 2[Puducherry] is dissolved, or the functioning of that

body  as  such  Legislature  remains  suspended  on  account  of  any  action  taken

under any such law as is referred to in clause (1) of article 239A, the President

may, during the period of such dissolution or suspension, make regulations for

the peace, progress and good government of that Union territory.]

(2)  Any  regulation  so  made  may  repeal  or  amend  any  Act  made  by

Parliament  or 3[any  other  law],  which  is  for  the  time  being  applicable  to  the

Union  territory  and,  when promulgated  by  the  President, shall  have  the same

force and effect as an Act of Parliament which applies to that territory.]

241.  High  Courts  for  Union  territories—(1)  Parliament  may  by  law

constitute  a  High  Court  for  a 4[Union  territory]  or  declare  any  court  in  any


constitute  a  High  Court  for  a 4[Union  territory]  or  declare  any  court  in  any

5[such  territory]  to  be  a  High  Court  for  all  or  any  of  the  purposes  of  this

Constitution.

(2)  The  provisions  of  Chapter  V  of  Part  VI  shall  apply  in  relation  to

every  High  Court  referred  to in  clause (1) as  they  apply  in relation to  a  High

Court referred to in article 214 subject to such modifications or exceptions as

Parliament may by law provide.

6[(3) Subject to the provisions of this Constitution and to the provisions

of  any  law  of  the  appropriate  Legislature  made  by  virtue  of  powers  conferred

on that Legislature by or under this Constitution, every High Court exercising

jurisdiction  immediately  before  the  commencement  of  the  Constitution

(Seventh  Amendment)  Act,  1956,  in  relation  to  any  Union  territory  shall

continue  to  exercise  such  jurisdiction  in  relation  to  that  territory  after  such

commencement.

(4)  Nothing  in  this  article  derogates  from  the  power  of  Parliament  to

extend or exclude the jurisdiction of a High Court for a State to, or from, any

Union territory or part thereof.]

1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).


1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).

2 .  Subs.  by  the  Pondicherry    (Alteration  of  Name)  Act,  2006  (44  of  2006),  s.  4,  for

"Pondicherry" (w.e.f. 1-10-2006).

3. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s.4,  for "any existing law"

(w.e.f. 15-2-1972).

4.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  29  and  Sch.,  for    "State

specified in Part C of  the First Schedule" (w.e.f. 1-11-1956).

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

6. Subs. by s. 29 and Sch., ibid., for  cls. (3) and (4) (w.e.f. 1-11-1956).

149

242.  [Coorg.].—Omitted by the Constitution (Seventh Amendment) Act,

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

1[PART IX

THE PANCHAYATS

243. Definitions.—In this Part, unless the context otherwise requires,—

(a) “district” means a district in a State;

(b) “Gram Sabha” means a body  consisting of persons registered in


(a) “district” means a district in a State;

(b) “Gram Sabha” means a body  consisting of persons registered in

the  electoral  rolls  relating  to  a  village  comprised  within  the  area  of

Panchayat at the village level;

(c)  “intermediate  level”  means  a  level  between  the  village  and

district levels specified by the Governor of a State by public notification

to be the intermediate level for the purposes of this Part;

(d)  “Panchayat”  means  an  institution  (by  whatever  name  called)  of

self-government constituted under article 243B, for the rural areas;

(e) “Panchayat area” means the territorial area of a Panchayat;

(f)  “Population”  means  the  population  as  ascertained  at  the  last

preceding census of which the relevant figures have been published;

(g)  “village”  means  a  village  specified  by  the  Governor  by  public

notification  to  be  a  village  for  the  purposes  of  this  Part  and  includes  a

group of villages so specified.

243A.  Gram  Sabha.—A  Gram  Sabha  may  exercise  such  powers  and

perform such functions at the village level as the Legislature of a State may, by

law, provide.

243B.  Constitution  of  Panchayats.—(1)  There  shall  be  constituted  in

every  State,  Panchayats  at  the  village,  intermediate  and  district  levels  in

accordance with the provisions of this Part.


every  State,  Panchayats  at  the  village,  intermediate  and  district  levels  in

accordance with the provisions of this Part.

(2)  Notwithstanding  anything  in  clause  (1),  Panchayats  at  the  intermediate

level  may  not  be  constituted  in  a  State  having  a  population  not  exceeding

twenty lakhs.

243C.  Composition  of  Panchayats.—(1)  Subject  to  the  provisions  of

1. Original Part IX was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and

the  Constitution  (Seventy-third

ins.  by

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

Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).

150

this Part, the Legislature of a State may, by law, make provisions with respect

to the composition of Panchayats:

Provided that the ratio between the population of the territorial area of a

Panchayat at any level and the number of seats in such Panchayat to be filled

by election shall, so far as practicable, be the same throughout the State.

(2)  All  the  seats  in  a  Panchayat  shall  be  filled  by  persons  chosen  by

direct election from territorial constituencies in the Panchayat area and, for this

purpose, each Panchayat area shall be divided into territorial constituencies in

such manner that the ratio between the population of each constituency and the

number of seats allotted to it shall, so far as practicable, be the same throughout


such manner that the ratio between the population of each constituency and the

number of seats allotted to it shall, so far as practicable, be the same throughout

the Panchayat area.

(3)  The  Legislature  of  a  State  may,  by  law,  provide  for  the

representation—

(a) of the Chairpersons of the Panchayats at the village level, in the

Panchayats at the intermediate level or, in the case of a State not having

Panchayats  at  the  intermediate  level,  in  the  Panchayats  at  the  district

level;

(b) of the Chairpersons of the Panchayats at the intermediate level, in

the Panchayats at the district level;

(c)  of  the  members  of  the  House  of  the  People  and the  members of

the Legislative Assembly of the State representing constituencies which

comprise  wholly  or  partly  a  Panchayat  area  at  a  level  other  than  the

village level, in such Panchayat;

(d) of the members of the Council of States and the members of the

Legislative  Council  of  the  State,  where  they  are  registered  as  electors

within—

(i) a Panchayat area at the intermediate level, in Panchayat at the

intermediate level;

(ii)  a  Panchayat  area  at  the  district  level,  in  Panchayat  at  the

district level.

(4)  The  Chairperson  of  a  Panchayat and  other  members  of  a  Panchayat


district level.

(4)  The  Chairperson  of  a  Panchayat and  other  members  of  a  Panchayat

whether  or not  chosen  by  direct  election  from  territorial  constituencies in the

Panchayat area shall have the right to vote in the meetings of the Panchayats.

(5) The Chairperson of—

(a) a Panchayat at the village level shall be elected in such manner as

the Legislature of a State may, by law, provide; and

151

(b)  a  Panchayat  at  the  intermediate  level  or  district  level  shall  be

elected by, and from amongst, the elected members thereof.

243D. Reservation of seats.—(1) Seats shall be reserved for—

(a) the Scheduled Castes; and

(b) the Scheduled Tribes,

in every Panchayat and the number of seats so reserved shall bear, as nearly as

may be, the same proportion to the total number of seats to be filled by direct

election  in  that  Panchayat  as  the  population  of  the  Scheduled  Castes  in  that

Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the

total  population  of  that  area  and  such  seats  may  be  allotted  by  rotation  to

different constituencies in a Panchayat.

(2)  Not  less  than  one-third  of  the  total  number  of  seats  reserved  under

clause (1) shall be reserved for women belonging to the Scheduled Castes or, as

the case may be,  the Scheduled Tribes.


clause (1) shall be reserved for women belonging to the Scheduled Castes or, as

the case may be,  the Scheduled Tribes.

(3)  Not less than  one-third  (including  the  number  of  seats  reserved  for

women  belonging  to  the  Scheduled  Castes  and  the  Scheduled  Tribes)  of  the

total number of seats to be filled by direct election in every Panchayat shall be

reserved  for  women  and  such  seats  may  be  allotted  by  rotation  to  different

constituencies in a Panchayat.

(4)  The  offices  of  the  Chairpersons  in  the  Panchayats  at  the  village  or

any  other  level  shall  be  reserved  for  the  Scheduled  Castes,  the  Scheduled

Tribes  and  women  in such  manner  as the  Legislature  of  a  State may,  by  law,

provide:

Provided  that  the  number  of  offices  of  Chairpersons  reserved  for  the

Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in

any  State  shall  bear,  as  nearly  as  may  be,  the  same  proportion  to  the  total

number of such offices in the Panchayats at each level as the population of the

Scheduled Castes in the State or of the Scheduled Tribes in the State bears to

the total population of the State:

Provided further that not less than one-third of the total number of offices

of Chairpersons in the Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clause shall


of Chairpersons in the Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clause shall

be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the reservation of

offices  of  Chairpersons (other than the reservation  for  women)  under  clause (4)

shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making

152

any provision for reservation of seats in any Panchayat or offices of Chairpersons in

the Panchayats at any level in favour of backward class of citizens.

243E.  Duration  of  Panchayats,  etc.—(1)  Every  Panchayat,  unless

sooner dissolved under any law for the time being in force, shall continue for

five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the

effect of causing dissolution of a Panchayat at any level, which is functioning

immediately before such amendment, till the expiration of its duration specified

in clause (1).

(3) An election to constitute a Panchayat shall be completed—

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its

dissolution:

Provided that where the remainder of the period for which the dissolved

Panchayat  would  have  continued  is  less  than  six  months,  it  shall  not  be

necessary to hold any election under this clause for constituting the Panchayat


necessary to hold any election under this clause for constituting the Panchayat

for such period.

(4) A Panchayat constituted upon the dissolution of a Panchayat before

the expiration of its duration shall continue only for the remainder of the period

for which the dissolved Panchayat would have continued under clause (1) had it

not been so dissolved.

243F.  Disqualifications  for  membership.—(1)  A  person  shall  be

disqualified for being chosen as, and for being, a member of a Panchayat—

(a) if he is so disqualified by or under any law for the time being in

force  for  the  purposes  of  elections  to  the  Legislature  of  the  State

concerned:

Provided that no person shall be disqualified on the ground that he is

less than twenty-five  years of age, if he has attained the age of twenty-

one years;

(b)  if  he  is  so  disqualified  by  or  under  any  law  made  by  the

Legislature of the State.

(2)  If  any  question  arises  as  to  whether  a  member  of  a  Panchayat  has

become  subject  to  any  of  the  disqualifications  mentioned  in  clause  (1),  the

question shall be referred for the decision of such authority and in such manner

153

as the Legislature of a State may, by law, provide.

243G.  Powers,  authority  and  responsibilities  of  Panchayats.—

Subject to the provisions of this Constitution, the Legislature of a State may, by


243G.  Powers,  authority  and  responsibilities  of  Panchayats.—

Subject to the provisions of this Constitution, the Legislature of a State may, by

law,  endow  the  Panchayats  with  such  powers  and  authority  as  may  be

necessary  to  enable  them  to  function  as  institutions  of  self-government  and

such  law  may  contain  provisions  for  the  devolution  of  powers  and

responsibilities  upon  Panchayats  at  the  appropriate  level,  subject  to  such

conditions as may be specified therein, with respect to—

(a) the preparation of plans for economic development and social justice;

(b)  the  implementation  of  schemes  for  economic  development  and

social justice as may be entrusted to them including those in relation to

the matters listed in the Eleventh Schedule.

243H. Powers  to impose  taxes  by,  and Funds  of,  the Panchayats.—

The Legislature of a State may, by law,—

(a) authorise a Panchayat to levy, collect and appropriate such taxes,

duties, tolls and  fees  in  accordance  with  such procedure  and subject  to

such limits;

(b) assign to a Panchayat such taxes, duties, tolls and fees levied and

collected by the State Government for such purposes and subject to such

conditions and limits;

(c) provide for making such grants-in-aid to the Panchayats from the

Consolidated Fund of the State; and

(d)  provide  for  constitution  of  such  Funds  for  crediting  all  moneys


Consolidated Fund of the State; and

(d)  provide  for  constitution  of  such  Funds  for  crediting  all  moneys

received, respectively, by or on behalf of the Panchayats and also for the

withdrawal of such moneys therefrom,

as may be specified in the law.

243-I.  Constitution  of  Finance  Commission  to  review  financial

position.—(1)  The  Governor  of  a  State  shall,  as  soon  as  may  be  within  one

year from the commencement of the Constitution (Seventy-third Amendment)

Act,  1992,  and  thereafter  at  the  expiration  of  every  fifth  year,  constitute  a

Finance Commission to review the financial position of the Panchayats and to

make recommendations to the Governor as to—

(a) the principles which should govern—

(i) the distribution between the State and the Panchayats of the

net  proceeds  of  the  taxes,  duties,  tolls  and  fees  leviable  by  the

State, which may be divided between them under this Part and the

allocation between the Panchayats at all levels of their respective

154

shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and  fees which

may be assigned to, or appropriated by, the Panchayats;

(iii) the grants-in-aid to the Panchayats from the Consolidated

Fund of the State;

(b)  the  measures  needed  to  improve  the  financial  position  of  the

Panchayats;

(c)  any  other  matter  referred  to  the  Finance  Commission  by  the


Panchayats;

(c)  any  other  matter  referred  to  the  Finance  Commission  by  the

Governor in the interests of sound finance of the Panchayats.

(2) The Legislature of a State may, by law, provide for the composition

of the Commission, the qualifications which shall be requisite for appointment

as members thereof and the manner in which they shall be selected.

(3) The Commission shall determine their procedure and shall have such

powers  in  the  performance  of  their  functions  as  the  Legislature  of  the  State

may, by law, confer on them.

(4)  The  Governor  shall  cause  every  recommendation  made  by  the

Commission under this article together with an explanatory memorandum as to

the action taken thereon to be laid before the Legislature of the State.

243J.  Audit  of  accounts  of  Panchayats.—The  Legislature  of  a  State

may, by law, make provisions with respect to the maintenance of accounts by

the Panchayats and the auditing of such accounts.

243K.  Elections  to  the  Panchayats.—(1)  The  superintendence,

direction and  control  of  the  preparation  of  electoral  rolls  for, and the  conduct

of,  all  elections  to  the  Panchayats  shall  be  vested  in  a  State  Election

Commission  consisting  of  a  State  Election  Commissioner  to  be  appointed  by

the Governor.

(2)  Subject  to  the  provisions  of  any  law  made  by  the  Legislature  of  a


the Governor.

(2)  Subject  to  the  provisions  of  any  law  made  by  the  Legislature  of  a

State,  the  conditions  of  service  and  tenure  of  office  of  the  State  Election

Commissioner shall be such as the Governor may by rule determine:

Provided  that  the  State  Election  Commissioner  shall  not  be  removed

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

High  Court and  the  conditions  of  service  of  the  State Election  Commissioner

155

shall not be varied to his disadvantage after his appointment.

(3)  The  Governor  of  a  State  shall,  when  so  requested  by  the  State

Election  Commission,  make  available  to  the  State  Election  Commission  such

staff  as  may  be  necessary  for  the  discharge  of  the  functions  conferred  on  the

State Election Commission by clause (1).

(4)  Subject  to  the  provisions  of  this  Constitution,  the  Legislature  of  a

State may, by law, make provision with respect to all matters relating to, or in

connection with, elections to the Panchayats.

243L.  Application  to  Union  territories.—The  provisions  of  this  Part

shall  apply  to  the  Union  territories  and  shall,  in  their  application  to  a  Union

territory,  have  effect  as  if  the  references  to  the  Governor  of  a  State  were

references  to  the  Administrator  of  the  Union  territory  appointed  under  article


references  to  the  Administrator  of  the  Union  territory  appointed  under  article

239  and  references  to  the  Legislature  or  the  legislative  Assembly  of  a  State

were references, in relation to a Union territory having a Legislative Assembly,

to that Legislative Assembly:

Provided  that  the  President  may,  by  public  notification,  direct  that  the

provisions of this Part shall apply to any Union territory or part thereof subject

to such exceptions and modifications as he may specify in the notification.

243M.    Part  not  to  apply  to  certain  areas.—(1)  Nothing  in this  Part

shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas

referred to in clause (2), of article 244.

(2) Nothing in this Part shall apply to—

(a)  the States of Nagaland, Meghalaya and Mizoram;

(b)  the hill areas in the State of Manipur for which District Councils

exist under any law for the time being in force.

(3) Nothing in this Part—

(a)  relating to Panchayats at the district level shall apply to the hill

areas of the District of Darjeeling in the State of West Bengal for which

Darjeeling Gorkha Hill Council exists under any law for the time being

in force;

(b)  shall  be  construed  to  affect  the  functions  and  powers  of  the

Darjeeling Gorkha Hill Council constituted under such law.

156

1[(3A)  Nothing  in  article  243D,  relating  to  reservation  of  seats  for  the

Scheduled Castes, shall apply to the State of Arunachal Pradesh.]


Scheduled Castes, shall apply to the State of Arunachal Pradesh.]

(4) Notwithstanding anything in this Constitution,—

(a)  the Legislature of a State referred to in sub-clause (a) of clause

(2)  may,  by  law,  extend this  Part to  that State, except the  areas, if  any,

referred to in clause (1), if the Legislative Assembly of that State passes

a resolution to that effect 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;

(b) Parliament may, by law, extend the provisions of this Part to the

Scheduled Areas and the tribal areas referred to in clause (1) subject to

such exceptions and modifications as may be specified in such law, and

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

the purposes of article 368.

of

243N.  Continuance

and  Panchayats.—

Notwithstanding  anything  in  this  Part,  any  provision  of  any  law  relating  to

Panchayats  in  force  in  a  State  immediately  before  the  commencement  of  the

Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with

the  provisions  of  this  Part,  shall  continue  to  be  in  force  until  amended  or

repealed  by  a  competent  Legislature  or  other  competent  authority  or  until  the

expiration of one year from such commencement, whichever is earlier:

existing

laws

Provided  that  all  the  Panchayats  existing  immediately  before  such


expiration of one year from such commencement, whichever is earlier:

existing

laws

Provided  that  all  the  Panchayats  existing  immediately  before  such

commencement shall continue till the expiration of their duration, unless sooner

dissolved by a resolution passed to that effect by the Legislative Assembly of

that State or, in the case of a State having a Legislative Council, by each House

of the Legislature of that State.

243-O.    Bar  to  interference  by  courts  in  electoral  matters.—

Notwithstanding anything in this Constitution,—

(a)

the  validity  of  any

to  the  delimitation  of

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

purporting to be made under article 243K, shall not be called in question

in any court;

law  relating

(b) no election to any Panchayat shall be called in question except by

an election petition presented to such authority and in such manner as is

provided for by or under any law made by the Legislature of a State.

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

157

1[PART IXA

THE MUNICIPALITIES

243P.  Definitions.—In

this  Part,  unless

the  context  otherwise

requires,—

(a) “Committee” means a Committee constituted under article 243S;

(b) “district” means a district in a State;

(c)  “Metropolitan  area”  means  an  area  having  a  population  of  ten

lakhs or more, comprised in one or more districts and consisting of two


lakhs or more, comprised in one or more districts and consisting of two

or  more  Municipalities  or  Panchayats  or  other  contiguous  areas,

specified  by  the  Governor  by  public  notification  to  be  a  Metropolitan

area for the purposes of this Part;

(d) “Municipal area” means the territorial area of a Municipality as is

notified by the Governor;

(e)  “Municipality”  means  an

institution  of  self-government

constituted under article 243Q;

(f) “Panchayat” means a Panchayat constituted under article 243B;

(g)  “population”  means  the  population  as  ascertained  at  the  last

preceding census of which the relevant figures have been published.

243Q.  Constitution  of  Municipalities.—(1)  There shall be  constituted

in every State,—

(a)  a  Nagar  Panchayat  (by  whatever  name  called)  for  a  transitional

area,  that  is to  say,  an  area  in transition    from  a  rural area to  an urban

area;

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area,

in accordance with the provisions of this Part:

1. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1993).

158

Provided that a Municipality under this clause may not be constituted in

such urban area or part thereof as the Governor may, having regard to the size


158

Provided that a Municipality under this clause may not be constituted in

such urban area or part thereof as the Governor may, having regard to the size

of  the  area  and  the  municipal  services  being  provided  or  proposed  to  be

provided by an industrial establishment in that area and such other factors as he

may deem fit, by public notification, specify to be an industrial township.

(2)  In  this  article,  “a  transitional  area”,  “a  smaller  urban  area”  or  “a

larger urban area” means such area as the Governor may, having regard to the

population  of  the  area,  the  density  of  the  population  therein,  the  revenue

generated  for  local  administration,  the  percentage  of  employment  in  non-

agricultural activities, the economic importance or such other factors as he may

deem fit, specify by public notification for the purposes of this Part.

243R. Composition of Municipalities.—(1) Save as provided in clause

(2),  all  the  seats in  a Municipality  shall  be  filled  by  persons  chosen by  direct

election  from  the  territorial  constituencies  in  the  Municipal  area  and  for  this

purpose  each Municipal  area  shall be divided into  territorial  constituencies  to

be known as wards.

(2) The Legislature of a State may, by law, provide—

(a) for the representation in a Municipality of—

(i)  persons  having  special  knowledge  or  experience  in

Municipal administration;

(ii) the members of the House of the People and the members

of

representing

the  Legislative  Assembly  of


Municipal administration;

(ii) the members of the House of the People and the members

of

representing

the  Legislative  Assembly  of

constituencies  which  comprise  wholly  or  partly  the  Municipal

area;

the  State

(iii) the members of the Council of States and the members of

the  Legislative  Council  of  the  State  registered  as  electors  within

the Municipal area;

(iv)  the  Chairpersons  of  the  Committees  constituted  under

clause (5) of article 243S:

Provided  that  the  persons  referred  to  in  paragraph  (i)  shall  not

have the right to vote in the meetings of the Municipality;

(b) the manner of election of the Chairperson of a Municipality.

159

243S.  Constitution and composition of Wards Committees, etc.—(1)

There shall be constituted Wards Committees, consisting of one or more wards,

within the territorial area of a Municipality having a population of three lakhs

or more.

(2) The Legislature of a State may, by law, make provision with respect

to—

(a) the composition and the territorial area of a Wards Committee;

(b)  the  manner  in  which  the  seats  in  a  Wards  Committee  shall  be

filled.

(3) A member of a Municipality representing a ward within the territorial

area of the Wards Committee shall be a member of that Committee.

(4) Where a Wards Committee consists of—

(a) one ward, the member representing that ward in the Municipality;

or

(b) two or more wards, one of the members representing such wards

in the Municipality elected by the members of the Wards Committee,


or

(b) two or more wards, one of the members representing such wards

in the Municipality elected by the members of the Wards Committee,

shall be the Chairperson of that Committee.

(5) Nothing in this article shall be deemed to prevent the Legislature of a

State from making any provision for the constitution of Committees in addition

to the Wards Committees.

243T.  Reservation  of  seats.—(1)  Seats  shall  be  reserved  for  the

Scheduled  Castes  and  the  Scheduled  Tribes  in  every  Municipality  and  the

number  of  seats  so  reserved  shall  bear,  as  nearly  as  may  be,  the  same

proportion  to  the  total  number  of  seats  to  be  filled  by  direct  election  in  that

Municipality as the population of the Scheduled Castes in the Municipal area or

of the Scheduled Tribes in the Municipal area bears to the total population of

that area and such seats may be allotted by rotation to different constituencies

in a Municipality.

(2)  Not  less  than  one-third  of  the  total  number  of  seats  reserved  under

clause (1) shall be reserved for women belonging to the Scheduled Castes or, as

the case may be, the Scheduled Tribes.

160

(3)  Not less than  one-third  (including  the  number  of  seats  reserved  for

women  belonging  to  the  Scheduled  Castes  and  the  Scheduled  Tribes)  of  the

total number of seats to be filled by direct election in every Municipality shall

be reserved for women and such seats may be allotted by rotation to different

constituencies in a Municipality.


total number of seats to be filled by direct election in every Municipality shall

be reserved for women and such seats may be allotted by rotation to different

constituencies in a Municipality.

(4)  The  offices  of  Chairpersons  in  the  Municipalities  shall  be  reserved

for the Scheduled Castes, the Scheduled Tribes and women in such manner as

the Legislature of a State may, by law, provide.

(5) The reservation of seats under clauses (1) and (2) and the reservation of

offices  of  Chairpersons (other than the reservation  for  women)  under  clause (4)

shall cease to have effect on the expiration of the period specified in article 334.

(6)  Nothing  in  this  Part  shall  prevent  the  Legislature  of  a  State  from

making any provision for reservation of seats in any Municipality or offices of

Chairpersons in the Municipalities in favour of backward class of citizens.

243U. Duration of Municipalities, etc.—(1) Every Municipality, unless

sooner dissolved under any law for the time being in force, shall continue for

five years from the date appointed for its first meeting and no longer:

Provided that a Municipality shall be given a reasonable opportunity of

being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the

effect  of  causing  dissolution  of  a  Municipality  at  any  level,  which  is

functioning  immediately  before  such  amendment,  till  the  expiration  of  its

duration specified in clause (1).

(3) An election to constitute a Municipality shall be completed,—

(a) before the expiry of its duration specified in clause (1);


duration specified in clause (1).

(3) An election to constitute a Municipality shall be completed,—

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its

dissolution:

Provided that where the remainder of the period for which the dissolved

Municipality  would  have  continued  is  less  than  six  months,  it  shall  not  be

necessary  to  hold  any  election  under  this  clause  for  constituting  the

Municipality for such period.

(4)  A  Municipality  constituted  upon  the  dissolution  of  a  Municipality

before the expiration of its duration shall continue only for the remainder of the

period for which the dissolved Municipality would have continued under clause

(1) had it not been so dissolved.

161

243V.  Disqualifications  for  membership.—(1)  A  person  shall  be

disqualified for being chosen as, and for being, a member of a Municipality—

(a) if he is so disqualified by or under any law for the time being in force

for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that he is

less  than  twenty-five  years  of  age,  if  he  has  attained  the  age  of

twenty-one years;

(b)  if  he  is  so  disqualified  by  or  under  any  law  made  by  the

Legislature of the State.

(2) If any question arises as to whether a member of a Municipality has


Legislature of the State.

(2) If any question arises as to whether a member of a Municipality has

become  subject  to  any  of  the  disqualifications  mentioned  in  clause  (1),  the

question shall be referred for the decision of such authority and in such manner

as the Legislature of a State may, by law, provide.

243W.  Powers,  authority  and  responsibilities  of  Municipalities,

etc.—Subject  to the  provisions  of  this  Constitution,  the  Legislature  of  a  State

may, by law, endow—

(a)  the  Municipalities  with  such  powers  and  authority  as  may  be

necessary  to  enable them  to  function  as institutions  of  self-government

and such law  may  contain  provisions  for  the  devolution  of  powers  and

responsibilities  upon  Municipalities,  subject  to  such  conditions  as  may

be specified therein, with respect to—

(i) the preparation of plans for economic development and social

justice;

(ii)  the  performance  of  functions  and  the  implementation  of

schemes  as  may  be  entrusted  to  them  including  those  in  relation  to

the matters listed in the Twelfth Schedule;

(b)  the  Committees  with  such  powers  and  authority  as  may  be

necessary to enable them to carry out the responsibilities conferred upon

them  including  those  in  relation  to  the  matters  listed  in  the  Twelfth

Schedule.

243X. Power to impose taxes by, and Funds of, the Municipalities.—

The Legislature of a State may, by law,—


Schedule.

243X. Power to impose taxes by, and Funds of, the Municipalities.—

The Legislature of a State may, by law,—

(a)  authorise  a  Municipality  to  levy,  collect  and  appropriate  such

taxes,  duties,  tolls  and  fees  in  accordance  with  such  procedure  and

subject to such limits;

162

(b)  assign  to  a Municipality  such  taxes,  duties, tolls and  fees  levied

and collected by the State Government for such purposes and subject to

such conditions and limits;

(c) provide for making such grants-in-aid to the Municipalities from

the Consolidated Fund of the State; and

(d)  provide  for  constitution  of  such  Funds  for  crediting  all  moneys

received, respectively, by or on behalf of the Municipalities and also for

the withdrawal of such moneys therefrom,

as may be specified in the law.

243Y. Finance Commission.—(1) The Finance Commission constituted

under article 243-I shall also review the financial position of the Municipalities

and make recommendations to the Governor as to—

(a) the principles which should govern—

(i)  the  distribution  between  the  State  and  the  Municipalities  of

the  net  proceeds  of  the  taxes,  duties,  tolls  and  fees  leviable  by  the

State,  which  may  be  divided  between  them  under  this  Part  and  the

allocation between the Municipalities at all levels of their respective

shares of such proceeds;

(ii)  the  determination  of  the  taxes,  duties,  tolls  and  fees  which


shares of such proceeds;

(ii)  the  determination  of  the  taxes,  duties,  tolls  and  fees  which

may be assigned to, or appropriated by, the Municipalities;

(iii)

the  grants-in-aid

to

the  Municipalities

from

the

Consolidated Fund of the State;

(b)  the  measures  needed  to  improve  the  financial  position  of  the

Municipalities;

(c)  any  other  matter  referred  to  the  Finance  Commission  by  the

Governor in the interests of sound finance of the Municipalities.

(2)  The  Governor  shall  cause  every  recommendation  made  by  the

Commission under this article together with an explanatory memorandum as to

the action taken thereon to be laid before the Legislature of the State.

243Z. Audit of accounts of Municipalities.—The Legislature of a State

may, by law, make provisions with respect to the  maintenance of accounts by

the Municipalities and the auditing of such accounts.

163

243ZA.  Elections  to  the  Municipalities.—(1)  The  superintendence,

direction and  control  of  the  preparation  of  electoral  rolls  for, and the  conduct

of,  all  elections  to  the  Municipalities  shall  be  vested  in  the  State  Election

Commission referred to in article 243K.

(2)  Subject  to  the  provisions  of  this  Constitution,  the  Legislature  of  a

State may, by law, make provision with respect to all matters relating to, or in

connection with, elections to the Municipalities.

243ZB. Application to Union territories.—The provisions of this Part


connection with, elections to the Municipalities.

243ZB. Application to Union territories.—The provisions of this Part

shall  apply  to  the  Union  territories  and  shall,  in  their  application  to  a  Union

territory,  have  effect  as  if  the  references  to  the  Governor  of  a  State  were

references  to  the  Administrator  of  the  Union  territory  appointed  under

article 239  and  references  to  the  Legislature  or  the  Legislative  Assembly  of  a

State  were  references  in  relation  to  a  Union  territory  having  a  Legislative

Assembly, to that Legislative Assembly:

Provided  that  the  President  may,  by  public  notification,  direct  that  the

provisions of this Part shall apply to any Union territory or part thereof subject

to such exceptions and modifications as he may specify in the notification.

243ZC.  Part  not  to  apply  to  certain  areas.—(1)  Nothing in this  Part

shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas

referred to in clause (2) of article 244.

(2)  Nothing  in  this  Part  shall  be  construed  to  affect  the  functions  and

powers of the Darjeeling Gorkha Hill Council constituted under any law for the

time being in force for the hill areas of the district of Darjeeling in the State of

West Bengal.

(3)  Notwithstanding  anything  in  this  Constitution,  Parliament  may,  by

law,  extend  the  provisions  of  this  Part  to  the  Scheduled  Areas  and  the  tribal


law,  extend  the  provisions  of  this  Part  to  the  Scheduled  Areas  and  the  tribal

areas referred to in clause (1) subject to such exceptions and modifications as

may  be  specified  in  such  law,  and  no  such  law  shall  be  deemed  to  be  an

amendment of this Constitution for the purposes of article 368.

243ZD.  Committee  for  district  planning.—(1)  There  shall  be

constituted in every State at the district level a District Planning Committee to

consolidate the plans prepared by the Panchayats and the Municipalities in the

district and to prepare a draft development plan for the district as a whole.

(2) The Legislature of a State may, by law, make provision with respect

to—

164

(a) the composition of the District Planning Committees;

(b)  the  manner  in  which  the  seats  in  such  Committees  shall  be

filled:

Provided  that  not  less  than  four-fifths  of  the  total  number  of

members of such Committee shall be elected by, and from amongst, the

elected  members  of  the  Panchayat  at  the  district  level  and  of  the

Municipalities  in  the  district  in  proportion  to  the  ratio  between  the

population of the rural areas and of the urban areas in the district;

(c)  the  functions  relating  to  district  planning  which  may  be

assigned to such Committees;

(d)    the  manner  in  which  the  Chairpersons  of  such    Committees

shall be chosen.


assigned to such Committees;

(d)    the  manner  in  which  the  Chairpersons  of  such    Committees

shall be chosen.

(3)  Every  District  Planning  Committee  shall,  in  preparing  the  draft

development plan,—

(a)  have regard to—

(i) matters of common interest between the Panchayats and

the Municipalities including spatial planning, sharing of water and

other  physical  and  natural  resources,  the  integrated  development

of infrastructure and environmental conservation;

(ii)  the  extent  and  type  of  available  resources  whether

financial or otherwise;

(b)  consult  such  institutions  and  organisations  as  the  Governor

may, by order, specify.

(4) The Chairperson of every District Planning Committee shall forward

the development plan, as recommended by such Committee, to the Government

of the State.

243ZE.  Committee  for  Metropolitan  planning.—(1)  There  shall  be

constituted  in  every  Metropolitan  area a Metropolitan  Planning  Committee  to

prepare a draft development plan for the Metropolitan area as a whole.

(2) The Legislature of a State may, by law, make provision with respect to—

(a) the composition of the Metropolitan Planning Committees;

(b) the manner in hhich the seats in such Committees shall be filled:

165

Provided  that  not  less  than  two-thirds  of  the  members  of  such

Committee shall be elected by, and from amongst, the elected members

of  the  Municipalities  and  Chairpersons  of  the  Panchayats  in  the

Metropolitan  area  in  proportion  to  the  ratio  between  the  population  of


Metropolitan  area  in  proportion  to  the  ratio  between  the  population  of

the Municipalities and of the Panchayats in that area;

(c)  the  representation  in  such  Committees  of  the  Government  of

India  and  the  Government  of  the  State  and  of  such  organisations  and

institutions  as  may  be  deemed  necessary  for  carrying  out  the  functions

assigned to such Committees;

(d)  the  functions  relating  to  planning  and  coordination  for  the

Metropolitan area which may be assigned to such Committees;

(e)  the  manner  in  which  the  Chairpersons  of  such  Committees

shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft

development plan,—

(a) have regard to—

(i)  the  plans  prepared  by  the  Municipalities  and  the

Panchayats in the Metropolitan area;

(ii) matters of common interest between the Municipalities

and the Panchayats, including coordinated  spatial planning of the

area,  sharing  of  water  and  other  physical  and  natural  resources,

the  integrated  development  of  infrastructure  and  environmental

conservation;

(iii)  the  overall  objectives  and  priorities  set  by  the

Government of India and the Government of the State;

(iv) the extent and nature of investments likely to be made

in the Metropolitan area by agencies of the Government of India

and of the Government of the State and other available resources

whether financial or otherwise;

(b)  consult  such  institutions  and  organisations  as  the  Governor

may, by order, specify.


whether financial or otherwise;

(b)  consult  such  institutions  and  organisations  as  the  Governor

may, by order, specify.

(4)  The  Chairperson  of  every  Metropolitan  Planning  Committee  shall

forward  the  development  plan,  as  recommended  by  such  Committee,  to  the

Government of the State.

166

243ZF.  Continuance  of  existing

laws  and  Municipalities.—

Notwithstanding  anything  in  this  Part,  any  provision  of  any  law  relating  to

Municipalities in force in a State immediately before the commencement of the

Constitution  (Seventy-fourth  Amendment)  Act,  1992,  which  is  inconsistent

with the provisions of this Part, shall continue to be in force until amended or

repealed  by  a  competent  Legislature  or  other  competent  authority  or  until  the

expiration of one year from such commencement, whichever is earlier:

Provided  that  all  the  Municipalities  existing  immediately  before  such

commencement shall continue till the expiration of their duration, unless sooner

dissolved by a resolution passed to that effect by the Legislative Assembly of

that State or, in the case of a State having a Legislative Council, by each House

of the Legislature of that State.

243ZG.  Bar  to  interference  by  courts  in  electoral  matters.—

Notwithstanding anything in this  Constitution,—

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

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


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

purporting  to  be  made  under  article  243ZA  shall  not  be  called  in

question in any court;

(b)  no  election  to  any  Municipality  shall  be  called  in  question

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

manner as is provided for by or under any law made by the Legislature

of a State.]

167

1[PART IXB

THE CO-OPERATIVE SOCIETIES

243ZH.  Definitions.—In  this  Part,  unless  the  context  otherwise

requires,—

(a) “authorised person” means a person referred to as such in article

243ZQ;

(b) “board” means the board of directors or the governing body of a

co-operative  society,  by  whatever  name  called,  to  which  the  direction

and control of the management of the affairs of a society is entrusted to;

(c) “co-operative society” means a society registered or deemed to be

registered  under  any  law  relating  to  co-operative  societies  for  the  time

being in force in any State;

(d)  “multi-State  co-operative  society”  means  a  society  with  objects

not confined to one State and registered or deemed to be registered under

any law for the time being in force relating to such co-operatives;

(e)  “office  bearer”  means  a  President,  Vice-President,  Chairperson,

Vice-Chairperson, Secretary or Treasurer, of a co-operative society and