Court.—Notwithstanding  anything  in  this  Chapter,  2 [the  National  Judicial

Appointments Commission] may at any time, with the previous consent of the

President,  request  any  person  who  has  held  the  office  of  a  Judge  of  the

Supreme Court or of the Federal Court 3[or who has held the office of a Judge

of  a  High  Court  and  is  duly  qualified  for  appointment  as  a  Judge  of  the

Supreme Court] to sit and act as a Judge of the Supreme Court, and every such

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

allowances  as  the  President  may  by  order  determine  and  have  all  the

jurisdiction, powers and privileges of, but shall not otherwise be deemed to be,

a Judge of that Court:

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

Justice  of  India  may,  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.

2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment


2. Subs. by s. 5, ibid., for "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.

3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s.3 (w.e.f. 5-10-1963).

91

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

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

to do.

129.  Supreme  Court  to  be  a  court  of  record.—The  Supreme  Court

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

the power to punish for contempt of itself.

130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or

in  such  other  place  or  places,  as  the  Chief  Justice  of  India  may,  with  the

approval of the President, from time to time, appoint.

131. Original  jurisdiction  of  the  Supreme  Court.—Subject  to  the

provisions of this Constitution, the Supreme Court shall, to the exclusion of any

other court, have original jurisdiction in any dispute—

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one

side and one or more other States on the other; or

(c) between two or more States,


(b) between the Government of India and any State or States on one

side and one or more other States on the other; or

(c) between two or more States,

if and in so far as the dispute involves any question (whether of law or fact) on which

the existence or extent of a legal right depends:

1[Provided that the said jurisdiction shall not extend to a dispute arising

out  of  any  treaty,  agreement,  covenant,  engagement,  sanad  or  other  similar

instrument  which,  having  been  entered

the

commencement  of  this  Constitution,  continues  in  operation  after  such

commencement, or which provides that the said jurisdiction shall not extend to

such a dispute.]

into  or  executed  before

2 [131A. Exclusive  jurisdiction  of  the  Supreme  Court  in  regard  to

questions  as  to  constitutional  validity  of  Central  laws.].—Omitted  by  the

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

132. Appellate  jurisdiction  of  Supreme  Court  in appeals from High

Courts in  certain  cases.—(1) An appeal shall lie to the Supreme Court from

any  judgment,  decree  or  final  order  of  a  High  Court in the territory  of  India,

whether  in  a  civil,  criminal  or  other  proceeding, 3[if  the  High  Court  certifies

under article 134A] that the case involves a substantial question of law as to the

interpretation of this Constitution.


under article 134A] that the case involves a substantial question of law as to the

interpretation of this Constitution.

1 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  5,  for  the  proviso

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

2. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 23 (w.e.f. 1-2-1977).

3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the High

Court certifies" (w.e.f. 1-8-1979).

92

1(2)*                       *                      *                       *                       *

(3)  Where  such  a  certificate  is  given,  2***  any  party  in  the  case  may

appeal to the Supreme Court on the ground that any such question as aforesaid

has been wrongly decided 2***.

Explanation.—For  the  purposes  of  this  article,  the  expression  “final

order”  includes  an  order  deciding  an  issue  which,  if  decided  in  favour  of  the

appellant, would be sufficient for the final disposal of the case.

133. Appellate  jurisdiction  of  Supreme  Court  in appeals from High

Courts in  regard to  civil  matters.—3[(1) An appeal shall lie to the Supreme

Court from any judgment, decree or final order in a civil proceeding of a High


Courts in  regard to  civil  matters.—3[(1) An appeal shall lie to the Supreme

Court from any judgment, decree or final order in a civil proceeding of a High

Court  in  the  territory  of  India  4 [if  the  High  Court  certifies  under  article

134A—]

(a)  that  the  case  involves  a  substantial  question  of  law  of  general

importance; and

(b) that in the opinion of the High Court the said question needs to be

decided by the Supreme Court.]

(2)  Notwithstanding  anything  in  article  132,  any  party  appealing  to  the

Supreme Court under clause (1) may urge as one of the grounds in such appeal

that a substantial question of law as to the interpretation of this Constitution has

been wrongly decided.

(3) Notwithstanding anything in this article, no appeal shall, unless Parliament

by law otherwise provides, lie to the Supreme Court from the judgment, decree or final

order of one Judge of a High Court.

134.  Appellate jurisdiction  of  Supreme  Court  in regard  to  criminal

matters.—(1)  An  appeal  shall  lie  to  the  Supreme  Court  from  any  judgment,

final order or sentence in a criminal proceeding of a High Court in the territory

of India if the High Court—

(a) has on appeal reversed an order of acquittal of an accused person

and sentenced him to death; or

(b)  has  withdrawn  for  trial  before  itself  any  case  from  any  court

subordinate to  its  authority  and  has  in  such  trial  convicted  the  accused

person and sentenced him to death; or


subordinate to  its  authority  and  has  in  such  trial  convicted  the  accused

person and sentenced him to death; or

(c) 5[certifies under article 134A] that the case is a fit one for appeal

to the Supreme Court:

1. Cl. (2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the

High Court certifies" (w.e.f. 1-8-1979).

2. Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).

3. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1)            (w.e.f. 27-

2-1973).

4. Subs. by the  Constitution (Forty-fourth Amendment) Act, 1978, s.18, for "if the High Court

certifies.—" (w.e.f. 1-8-1979).

5. Subs. by s. 19,  ibid., for "certifies" (w.e.f. 1-8-1979).

93

Provided  that  an  appeal  under  sub-clause  (c)  shall  lie  subject  to  such

provisions as may be made in that behalf under clause (1) of article 145 and to

such conditions as the High Court may establish or require.

(2)  Parliament  may  by  law  confer  on  the  Supreme  Court  any  further

powers to entertain and hear appeals from any judgment, final order or sentence

in a criminal proceeding of a High Court in the territory of India subject to such


powers to entertain and hear appeals from any judgment, final order or sentence

in a criminal proceeding of a High Court in the territory of India subject to such

conditions and limitations as may be specified in such law.

1[134A.  Certificate  for  appeal  to  the  Supreme  Court.—Every  High

Court, passing or making a judgment, decree, final order, or sentence, referred to

in  clause  (1)  of  article  132  or  clause  (1)  of  article  133,  or  clause  (1)  of  article

134,—

(a) may, if it deems fit so to do, on its own motion; and

(b) shall, if an oral application is made, by or on behalf of the party

aggrieved,  immediately  after  the  passing  or  making  of  such  judgment,

decree, final order or sentence,

determine,  as  soon  as  may  be  after  such  passing  or  making,  the  question

whether  a  certificate  of  the  nature  referred  to  in  clause  (1)  of  article  132,  or

clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of

article 134, may be given in respect of that case.]

135. Jurisdiction  and  powers  of  the  Federal  Court  under  existing

law  to  be  exercisable  by  the  Supreme  Court.—Until  Parliament  by  law

otherwise provides, the Supreme Court shall also have jurisdiction and powers

with respect to any matter to which the provisions of article 133 or article 134


otherwise provides, the Supreme Court shall also have jurisdiction and powers

with respect to any matter to which the provisions of article 133 or article 134

do  not  apply  if  jurisdiction  and  powers  in  relation  to  that  matter  were

exercisable by the Federal Court immediately before the commencement of this

Constitution under any existing law.

leave

136. Special

to  appeal  by

the  Supreme  Court.—(1)

Notwithstanding  anything  in  this  Chapter,  the  Supreme  Court  may,  in  its

discretion,  grant  special

judgment,  decree,

determination, sentence or order in any cause or matter passed or made by any

court or tribunal in the territory of India.

leave  to  appeal  from  any

(2)  Nothing  in  clause  (1)  shall  apply  to  any  judgment,  determination,

sentence  or  order  passed  or  made  by  any  court  or  tribunal  constituted  by  or

under any law relating to the Armed Forces.

137. Review of judgments or orders by the Supreme Court.—Subject

to  the  provisions  of  any  law  made  by  Parliament  or  any  rules  made  under

article  145,  the  Supreme  Court  shall  have  power  to  review  any  judgment

pronounced or order made by it.

1. Ins. by the  Constitution (Forty-fourth Amendment) Act, 1978, s. 20 (w.e.f. 1-8-1979).

94

138. Enlargement of the jurisdiction of the Supreme Court.—(1) The

Supreme Court shall have such further jurisdiction and powers with respect to


94

138. Enlargement of the jurisdiction of the Supreme Court.—(1) The

Supreme Court shall have such further jurisdiction and powers with respect to

any of the matters in the Union List as Parliament may by law confer.

(2)  The  Supreme  Court  shall  have  such  further jurisdiction  and powers

with respect to any matter as the Government of India and the Government of

any State may by special agreement confer, if Parliament by law provides for

the exercise of such jurisdiction and powers by the Supreme Court.

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

writs.—Parliament  may  by  law  confer  on  the  Supreme  Court  power  to  issue

directions,  orders  or  writs,  including  writs  in  the  nature  of  habeas  corpus,

mandamus,  prohibition,  quo  warranto and  certiorari,  or  any  of  them,  for any

purposes other than those mentioned in clause (2) of article 32.

1[139A.  Transfer  of  certain  cases.—2[(1)  Where  cases  involving  the

same  or  substantially  the  same  questions  of  law  are  pending  before  the

Supreme  Court  and  one  or  more  High  Courts  or  before  two  or  more  High

Courts  and  the  Supreme  Court  is  satisfied  on  its  own  motion  or  on  an

application  made  by  the  Attorney-General  of  India  or  by  a  party  to  any  such


application  made  by  the  Attorney-General  of  India  or  by  a  party  to  any  such

case  that  such  questions  are  substantial  questions  of  general  importance,  the

Supreme Court may withdraw the case or cases pending before the High Court

or the High Courts and dispose of all the cases itself:

Provided  that  the  Supreme  Court  may  after  determining  the  said

questions  of  law  return  any  case  so  withdrawn  together  with  a  copy  of  its

judgment  on  such  questions to  the  High  Court  from  which  the  case  has  been

withdrawn, and the High Court shall on receipt thereof, proceed to dispose of

the case in conformity with such judgment.]

(2) The Supreme Court may, if it deems it expedient so to do for the ends

of  justice,  transfer  any  case,  appeal  or  other  proceedings  pending  before  any

High Court to any other High Court.]

140.  Ancillary  powers  of  Supreme  Court.—Parliament  may  by  law

make  provision  for  conferring  upon  the  Supreme  Court  such  supplemental

powers not inconsistent with any of the provisions of this Constitution as may

appear to be necessary or desirable for the purpose of enabling the Court more

effectively  to  exercise  the  jurisdiction  conferred  upon  it  by  or  under  this

Constitution.

1. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).


1. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).

2.  Subs.  by  the    Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  21,  for  cl.  (1)

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

95

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

The law  declared  by  the  Supreme  Court shall  be  binding  on  all  courts  within

the territory of India.

142.  Enforcement  of  decrees  and  orders  of  Supreme  Court  and

orders  as  to  discovery,  etc.—(1)  The  Supreme  Court  in  the  exercise  of  its

jurisdiction may pass such decree or make such order as is necessary for doing

complete  justice  in  any  cause  or  matter  pending  before  it,  and  any  decree  so

passed or order so made shall be enforceable throughout the territory of India in

such  manner  as  may  be  prescribed  by  or  under  any  law  made  by  Parliament

and, until provision in that behalf is so made, in such manner as the President

may by order1 prescribe.

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

Parliament,  the  Supreme  Court shall,  as  respects  the  whole  of  the  territory  of

India, have all and every power to make any order for the purpose of securing


India, have all and every power to make any order for the purpose of securing

the attendance of any person, the discovery or production of any documents, or

the investigation or punishment of any contempt of itself.

143.  Power  of  President  to  consult  Supreme  Court.—(1)  If  at  any

time it appears to the President that a question of  law or fact has arisen, or is

likely to arise, which is of such a nature and of such public importance that it is

expedient to obtain the opinion of the Supreme Court upon it, he may refer the

question to that Court for consideration and the Court may, after such hearing

as it thinks fit, report to the President its opinion thereon.

(2)  The  President  may,  notwithstanding  anything  in 2*** the proviso  to

article  131, refer  a  dispute  of  the  kind  mentioned in  the 3[said proviso]  to  the

Supreme Court for opinion and the Supreme Court shall, after such hearing as it

thinks fit, report to the President its opinion thereon.

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

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

aid of the Supreme Court.

4 [144A.  [Special  provisions  as  to  disposal  of  questions  relating  to

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

Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).]


Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).]

145.  Rules  of  Court,  etc.—(1)  Subject  to  the  provisions  of  any  law

made  by  Parliament,  the  Supreme  Court  may  from  time  to  time,  with  the

approval of the President, make rules for regulating generally the practice and

procedure of the Court including—

(a) rules as to the persons practising before the Court;

1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).

2.  The  words,  brackets  and  figure  "clause  (i)  of"  omitted  by  the  Constitution  (Seventh

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

3. Subs. by  s. 29 and Sch., ibid., for "said clause" (w.e.f. 1-11-1956).

4. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).

96

(b) rules as to the procedure for hearing appeals and other matters

pertaining  to  appeals  including  the  time  within  which  appeals  to  the

Court are to be entered;

(c) rules as to the proceedings in the Court for the enforcement of

any of the rights conferred by Part III;

1[(cc)  rules  as  to  the  proceedings  in  the  Court  under  2[article

139A];]


1[(cc)  rules  as  to  the  proceedings  in  the  Court  under  2[article

139A];]

(d) rules as to the entertainment of appeals under sub-clause (c) of

clause (1) of article 134;

(e)  rules  as  to  the  conditions  subject  to  which  any  judgment

pronounced  or  order  made  by  the  Court  may  be  reviewed  and  the

procedure for such review including the time within which applications

to the Court for such review are to be entered;

(f) rules as to the costs of and incidental to any proceedings in the

Court and as to the fees to be charged in respect of proceedings therein;

(g) rules as to the granting of bail;

(h) rules as to stay of proceedings;

(i)  rules  providing  for  the  summary  determination  of  any  appeal

which  appears  to  the  Court  to  be  frivolous  or  vexatious  or  brought  for

the purpose of delay;

(j) rules as to the procedure for inquiries referred to in clause

(1) of article 317.

(2) Subject to the 3[provisions of 4*** clause (3)], rules made under this

article may fix the minimum number of Judges who are to sit for any purpose,

and may provide for the powers of single Judges and Division Courts.

(3) 5[4***The minimum number] of Judges who are to sit for the purpose

of  deciding  any  case  involving  a  substantial  question  of  law  as  to  the

interpretation  of  this  Constitution  or  for  the  purpose  of  hearing  any  reference

under article 143 shall be five:


interpretation  of  this  Constitution  or  for  the  purpose  of  hearing  any  reference

under article 143 shall be five:

1. Ins. by the  Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).

2.  Subs. by the  Constitution (Forty-third Amendment) Act, 1977, s. 6, for "articles 131A

and 139A" (w.e.f. 13-4-1978).

3. Subs. by the  Constitution (Forty-second Amendment) Act, 1976, s. 26, for "provisions

of clause (3)" (w.e.f. 1-2-1977).

4. Certain  words  omitted  by  the    Constitution  (Forty-third  Amendment)  Act, 1977,  s. 6

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

5.  Subs.  by  the    Constitution  (Forty-second  Amendment)  Act,  1976,  s.  26,  for  "The

minimum number" (w.e.f. 1-2-1977).

97

Provided  that,  where  the  Court  hearing  an  appeal  under  any  of  the

provisions  of  this  Chapter  other  than  article  132  consists  of  less  than  five

Judges and in the course of the hearing of the appeal the Court is satisfied that

the appeal involves a substantial question of law as to the interpretation of this

Constitution  the  determination  of  which  is  necessary  for  the  disposal  of  the


the appeal involves a substantial question of law as to the interpretation of this

Constitution  the  determination  of  which  is  necessary  for  the  disposal  of  the

appeal, such Court shall refer the question for opinion to a Court constituted as

required  by  this  clause  for the purpose  of  deciding any  case involving  such  a

question and shall on receipt of the opinion dispose of the appeal in conformity

with such opinion.

(4) No judgment shall be delivered by the Supreme Court save in open

Court, and no report shall be made under article 143 save in accordance with an

opinion also delivered in open Court.

(5) No judgment and no such opinion shall be delivered by the Supreme

Court  save  with  the  concurrence  of  a  majority  of  the  Judges  present  at  the

hearing  of  the  case,  but  nothing  in  this  clause  shall  be  deemed  to  prevent  a

Judge who does not concur from delivering a dissenting judgment or opinion.

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

(1) Appointments of officers and servants of the Supreme Court shall be made

by the Chief Justice of India or such  other Judge or officer of the Court as he

may direct:

Provided that the President may by rule require that in such cases as may

be  specified  in  the  rule,  no  person  not  already  attached  to  the  Court  shall  be

appointed to any office connected with the Court, save after consultation with

the Union Public Service Commission.

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


the Union Public Service Commission.

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

conditions  of  service  of  officers  and  servants  of  the  Supreme  Court  shall  be

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

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

India to make rules for the purpose:

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

to salaries, allowances, leave or pensions, require the approval of the President.

(3)  The  administrative  expenses  of  the  Supreme  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  India,

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

98

147.  Interpretation.—In  this  Chapter  and  in  Chapter  V  of  Part  VI,

references  to  any  substantial  question  of  law  as  to  the  interpretation  of  this

Constitution  shall  be  construed  as  including  references  to  any  substantial

question  of  law  as  to  the  interpretation  of  the  Government  of  India  Act,  1935

(including  any  enactment  amending  or  supplementing  that  Act),  or  of  any


(including  any  enactment  amending  or  supplementing  that  Act),  or  of  any

Order in Council or order made thereunder, or of the Indian Independence Act,

1947, or of any order made thereunder.

CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148. Comptroller and Auditor-General of India.—(1) There shall be a

Comptroller  and  Auditor-General  of  India  who  shall  be  appointed  by  the

President by warrant under his hand and seal and shall only be removed from

office in like manner and on the like grounds as a Judge of the Supreme Court.

(2)  Every  person  appointed to  be the  Comptroller  and  Auditor-General

of  India shall, before he enters upon his office, make and subscribe before the

President,  or  some  person  appointed  in  that  behalf  by  him,  an  oath  or

affirmation according to the form set out for the purpose in the Third Schedule.

(3)  The  salary  and  other  conditions  of  service  of  the  Comptroller  and

Auditor-General shall be such as may be determined by Parliament by law and,

until they are so determined, shall be as specified in the Second Schedule:

Provided  that  neither  the  salary  of  a  Comptroller  and  Auditor-General

nor his rights in respect of leave of absence, pension or age of retirement shall

be varied to his disadvantage after his appointment.

(4) The Comptroller and Auditor-General shall not be eligible for further

office  either  under  the  Government  of  India  or  under the  Government  of  any

State after he has ceased to hold his office.


office  either  under  the  Government  of  India  or  under the  Government  of  any

State after he has ceased to hold his office.

(5) Subject to the provisions of this Constitution and of any law made by

Parliament, the conditions of service of persons serving in the Indian Audit and

Accounts  Department  and  the  administrative  powers  of  the  Comptroller  and

Auditor-General  shall  be  such  as  may  be  prescribed  by  rules  made  by  the

President after consultation with the Comptroller and Auditor-General.

(6)  The  administrative  expenses  of  the  office  of  the  Comptroller  and

Auditor-General, including all salaries, allowances and pensions payable to or

in  respect  of  persons  serving  in  that  office,  shall  be  charged  upon  the

Consolidated Fund of India.

99

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

The  Comptroller  and  Auditor-General  shall  perform  such  duties  and  exercise

such  powers  in  relation to  the  accounts  of  the  Union  and  of the  States and  of

any other authority or body as may be prescribed by or under any law made by

Parliament  and,  until  provision  in  that  behalf  is  so  made,  shall  perform  such

duties and exercise such powers in relation to the accounts of the Union and of

the States as were conferred on or exercisable by the Auditor-General of India

immediately  before  the  commencement  of  this  Constitution  in  relation  to  the

accounts of the Dominion of India and of the Provinces respectively.


immediately  before  the  commencement  of  this  Constitution  in  relation  to  the

accounts of the Dominion of India and of the Provinces respectively.

1 [150.  Form  of  accounts  of  the  Union  and  of  the  States.—The

accounts  of  the  Union  and  of  the  States  shall  be  kept  in  such  form  as  the

President  may, 2[on  the  advice  of]    the  Comptroller  and  Auditor-General  of

India, prescribe.]

151.  Audit  reports.—(1)  The  reports  of  the  Comptroller  and  Auditor-

General of India relating to the accounts of the Union shall be submitted to the

President, who shall cause them to be laid before each House of Parliament.

(2) The reports of the Comptroller and Auditor-General of India relating

to the accounts of a State shall be submitted to the Governor 3*** of the State,

who shall cause them to be laid before the Legislature of the State.

1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  27,  for  art.150

(w.e.f. 1-4-1977).

2 .  Subs.  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  22,  for  "after

consultation with" (w.e.f. 20-6-1979).

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


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

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

100

PART VI

THE STATES 1***

CHAPTER I.—GENERAL

152. Definition.—In this Part, unless the context otherwise requires, the

expression “State” 2[does not include the State of Jammu and Kashmir].

CHAPTER II.—THE EXECUTIVE

The Governor

153. Governors of States.—There shall be a Governor for each State:

3[Provided  that  nothing  in  this  article  shall  prevent  the  appointment  of

the same person as Governor for two or more States.]

154.  Executive  power  of  State.—(1) The executive power of the State

shall be vested in the Governor and shall be exercised by him either directly or

through officers subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall—

(a) be deemed to transfer to the Governor any functions conferred by

any existing law on any other authority; or

(b) prevent Parliament or the Legislature of the State from conferring

by law functions on any authority subordinate to the Governor.

155.  Appointment  of  Governor.—The  Governor  of  a  State  shall  be

appointed by the President by warrant under his hand and seal.

156. Term of office of Governor.—(1) The Governor shall hold office

during the pleasure of the President.

(2)  The  Governor  may,  by  writing  under  his  hand  addressed  to  the

President, resign his office.


(2)  The  Governor  may,  by  writing  under  his  hand  addressed  to  the

President, resign his office.

(3)  Subject to  the  foregoing  provisions  of  this article,  a  Governor  shall

hold office for a term of five years from the date on which he enters upon his

office:

1.  The  words  "IN  PART  A  OF  THE  FIRST  SCHEDULE"  omitted  by  the  Constitution

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

2.  Subs.  by  s.  29  and  Sch.  ibid.,  for  "means  a  State  specified  in  Part  A  of  the  First

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

3. Added by s. 6, ibid. (w.e.f. 1-11-1956).

101

Provided  that  a  Governor  shall,  notwithstanding  the  expiration  of  his

term, continue to hold office until his successor enters upon his office.

157.  Qualifications  for  appointment  as  Governor.—No  person  shall

be eligible for appointment as Governor unless he is a citizen of India and has

completed the age of thirty-five years.

158. Conditions of Governor's office.—(1) The Governor shall not be a

member of either House of Parliament or of a House of the Legislature of any

State  specified  in  the  First  Schedule,  and  if  a  member  of  either  House  of


State  specified  in  the  First  Schedule,  and  if  a  member  of  either  House  of

Parliament  or  of  a  House  of  the  Legislature  of  any  such  State  be  appointed

Governor, he shall be deemed to have vacated his seat in that House on the date

on which he enters upon his office as Governor.

(2) The Governor shall not hold any other office of profit.

(3) The Governor shall be entitled without payment of rent to the use of

his  official  residences  and  shall  be  also  entitled  to  such  emoluments,

allowances  and  privileges  as  may  be  determined  by  Parliament  by  law  and,

until  provision  in  that  behalf  is  so  made,  such  emoluments,  allowances  and

privileges as are specified in the Second Schedule.

1[(3A)  Where  the  same  person  is  appointed  as  Governor  of  two  or more

States, the emoluments and allowances payable to the Governor shall be allocated

among the States in such proportion as the President may by order determine.]

(4)  The  emoluments  and  allowances  of  the  Governor  shall  not  be

diminished during his term of office.

159.  Oath  or  affirmation  by  the  Governor.—Every  Governor  and

every  person  discharging  the  functions  of  the  Governor  shall, before  entering

upon his office, make and subscribe in the presence of the Chief Justice of the

High Court exercising jurisdiction in relation to the State, or, in his absence, the


upon his office, make and subscribe in the presence of the Chief Justice of the

High Court exercising jurisdiction in relation to the State, or, in his absence, the

senior  most  Judge  of  that  Court  available,  an  oath  or  affirmation  in  the

following form, that is to say—

“I,  A. B.,  do  swear in the name  of  God  that  I will  faithfully execute the

solemnly affirm

office  of  Governor  (or  discharge  the  functions  of  the  Governor)  of

.........(name of the State) and will to the best of my ability preserve, protect

and defend the Constitution and the law and that I will devote myself to the

service and well-being of the people of ..……(name of the State).”.

1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7 (w.e.f. 1 -11-1956).

102

160.  Discharge  of  the  functions  of  the  Governor  in  certain

contingencies.—The President may make such provision as he thinks fit for the

discharge  of  the  functions  of  the  Governor  of  a  State  in  any  contingency  not

provided for in this Chapter.

161. Power of Governor to grant pardons, etc., and to suspend, remit

or commute sentences in certain cases.—The Governor of a State shall have

the power to grant pardons, reprieves, respites or remissions of punishment or

to  suspend,  remit  or  commute  the  sentence  of  any  person  convicted  of  any

offence against any law relating to a matter to which the executive power of the

State extends.


offence against any law relating to a matter to which the executive power of the

State extends.

162. Extent of executive power of State.—Subject to the provisions of

this Constitution, the executive power of a State shall extend to the matters with

respect to which the Legislature of the State has power to make laws:

Provided  that  in  any  matter  with  respect  to  which  the  Legislature  of  a

State  and  Parliament  have  power  to  make  laws,  the  executive  power  of  the

State  shall  be  subject  to,  and  limited  by,  the  executive  power  expressly

conferred  by  this  Constitution  or  by  any  law  made  by  Parliament  upon  the

Union or authorities thereof.

Council of Ministers

163.  Council of Ministers to aid and advise Governor.—(1) There shall

be a Council of Ministers with the Chief Minister at the head to aid and advise the

Governor in the exercise of his functions, except in so far as he is by or under this

Constitution required to exercise his functions or any of them in his discretion.

(2)  If  any  question  arises  whether  any  matter  is  or  is  not  a  matter  as

respects which the Governor is by or under this Constitution required to act in

his discretion, the decision of the Governor in his discretion shall be final, and

the validity of anything done by the Governor shall not be called in question on

the ground that he ought or ought not to have acted in his discretion.

(3)  The  question  whether  any,  and  if  so  what,  advice  was  tendered  by


(3)  The  question  whether  any,  and  if  so  what,  advice  was  tendered  by

Ministers to the Governor shall not be inquired into in any court.

164.  Other  provisions  as  to  Ministers.—(1)  The  Chief  Minister  shall

be appointed by the Governor and the other Ministers shall be appointed by the

Governor  on  the  advice  of  the  Chief  Minister,  and  the  Ministers  shall  hold

office during the pleasure of the Governor:

103

Provided  that  in  the  States  of  1 [Chhattisgarh,  Jharkhand],  Madhya

Pradesh and 2[Odisha] there shall be a Minister in charge of tribal welfare who

may  in  addition  be  in  charge  of  the  welfare  of  the  Scheduled  Castes  and

backward classes or any other work.

3[(1A)  The  total  number  of  Ministers,  including  the  Chief  Minister,  in

the Council of Ministers in a State shall not exceed fifteen per cent. of the total

number of members of the Legislative Assembly of that State:

Provided that the number of Ministers, including the Chief Minister in a

State shall not be less than twelve:

Provided further that where the total number of Ministers including the

Chief Minister in the Council of Ministers in any State at the commencement of

the  Constitution  (Ninety-first  Amendment)  Act,  2003  exceeds the  said  fifteen

per cent.  or the number specified in the first proviso, as the case may be, then

the total number of Ministers in that State shall be brought in conformity with


per cent.  or the number specified in the first proviso, as the case may be, then

the total number of Ministers in that State shall be brought in conformity with

the  provisions  of  this  clause  within  six  months  from  such  date 4***  as  the

President may by public notification appoint.

(1B) A member of the Legislative Assembly of a State or either House of

the Legislature of a State having Legislative Council belonging to any political

party who is disqualified for being a member of that House under paragraph 2

of the Tenth Schedule shall also be disqualified to be appointed as a Minister

under  clause  (1)  for  duration  of  the  period  commencing  from  the  date  of  his

disqualification  till  the  date  on  which  the  term  of  his  office  as  such  member

would expire or where he contests any election to the Legislative Assembly  of

a State or either House of the Legislature of a State having Legislative Council,

as the case may be, before the expiry of such period, till the date on which he is

declared elected, whichever is earlier.]

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

Legislative Assembly of the State.

(3)  Before  a  Minister  enters  upon  his  office,  the  Governor  shall

administer to him the oaths of office and of secrecy according to the forms set

out for the purpose in the Third Schedule.

1.  Subs.  by  the  Constitution  (Ninety-fourth  Amendment)  Act,  2006,  s.  2,  for  "Bihar"


(w.e.f. 12-6-2006).

2.  Subs.  by  the  Orissa  (Alteration  of  Name)  Act,  2011  (15  of  2011),  s.  4,  for  "Orissa"

(w.e.f. 1-11-2011).

3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3 (w.e.f. 1-1-2004).

4. 7-1-2004, vide notification number S.O. 21(E), dated 7-1-2004.

104

(4)  A  Minister  who  for  any  period  of  six  consecutive  months  is  not  a

member  of  the  Legislature  of  the  State  shall  at  the  expiration  of  that  period

cease to be a Minister.

(5) The salaries and allowances of Ministers shall be such as the Legislature

of the State may from time to time by law determine and, until the Legislature of the

State so determines, shall be as specified in the Second Schedule.

The Advocate-General for the State

165. Advocate-General for the State.—(1) The Governor of each State

shall appoint a person who is qualified to be appointed a Judge of a High Court

to be Advocate-General for the State.

(2)  It  shall  be  the  duty  of  the  Advocate-General  to  give  advice  to  the

Government  of  the  State  upon  such  legal  matters,  and  to  perform  such  other

duties of a legal character, as may from time to time be referred or assigned to


duties of a legal character, as may from time to time be referred or assigned to

him  by  the  Governor,  and  to  discharge  the  functions  conferred  on  him  by  or

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

(3)  The  Advocate-General  shall  hold  office  during  the  pleasure  of  the

Governor, and shall receive such remuneration as the Governor may determine.

Conduct of Government Business

166.  Conduct  of  Business  of  the  Government  of  a  State.—(1)  All

executive action of the Government of a State shall be expressed to be taken in

the name of the Governor.

(2) Orders and other instruments made and executed in the name of the

Governor shall be authenticated in such manner as may be specified in rules to

be made by the Governor, and the validity of an order or instrument which is so

authenticated shall not be called in question on the ground that it is not an order

or instrument made or executed by the Governor.

(3) The Governor shall make rules for the more convenient transaction of

the  business  of  the  Government  of  the  State,  and  for  the  allocation  among

Ministers of the said business in so far as it is not business with respect to which

the Governor is by or under this Constitution required to act in his discretion.

1(4)*                          *                           *                            *

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977)

and  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  23


and  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  23

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

105

167.  Duties  of  Chief  Minister  as  respects  the  furnishing  of

information  to  Governor,  etc.—It shall be the duty  of  the  Chief Minister  of

each State—

(a) to communicate to the Governor of the State all decisions of the

Council  of  Ministers  relating  to  the  administration  of  the  affairs of  the

State and proposals for legislation;

(b)  to  furnish  such  information  relating  to  the  administration  of  the

affairs of the State and proposals for legislation as the Governor may call

for; and

(c) if the Governor so requires, to submit for the consideration of the

Council of Ministers any matter on which a decision has been taken by a

Minister but which has not been considered by the Council.

CHAPTER III.—THE STATE LEGISLATURE

General

168. Constitution of Legislatures in States.—(1) For every State there

shall be a Legislature which shall consist of the Governor, and—

(a) in the States of 1*** 2[Andhra Pradesh], Bihar, 3*** 4[Madhya

Pradesh],  5 ***  6 [Maharashtra],  7 [Karnataka],  8 ***  9 [ 10 [Tamil  Nadu,

Telangana]] 11[and Uttar Pradesh], two Houses;

1.  The  words  "Andhra  Pradesh,"  omitted  by  the  Andhra  Pradesh  Legislative  Council


1.  The  words  "Andhra  Pradesh,"  omitted  by  the  Andhra  Pradesh  Legislative  Council

(Abolition) Act, 1985 (34 of 1985), s. 4 (w.e.f. 1-6-1985).

2 .  Ins.  by  the  Andhra  Pradesh  Legislative  Council  Act,  2005  (1  of  2006),  s.  3

(w.e.f. 30-3-2007).

3. The  word  "Bombay"  omitted by the Bombay  Reorganisation  Act, 1960 (11 of 1960)

s. 20 (w.e.f. 1-5-1960).

4. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 8 (date to be notified).

5. The words "Tamil Nadu," omitted by the Tamil Nadu Legislative Council (Abolition)

Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).

6. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1 -5-1960).

7.  Subs.  by  the  Mysore  State  (Alteration  of  Name)  Act,  1973  (31  of  1973),  s.  4,  for

"Mysore"  (w.e.f.  1-11-1973),  which  was  inserted  by  the  Constitution  (Seventh


"Mysore"  (w.e.f.  1-11-1973),  which  was  inserted  by  the  Constitution  (Seventh

Amendment) Act, 1956, s. 8(1) (w.e.f. 1-11-1956).

8. The  word, "Punjab," omitted by the Punjab Legislative Council (Abolition) Act, 1969

(46 of 1969), s. 4 (w.e.f. 7-1-1970).

9.  Ins.  by  the  Tamil  Nadu  Legislative  Council  Act,  2010  (16  of  2010),  s.  3  (date  to  be

notified).

10. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for "Tamil

Nadu" (w.e.f. 2-6-2014).

11. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4

for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969).

106

(b) in other States, one House.

(2) Where there are two  Houses of the Legislature of a State, one shall

be known as the Legislative Council and the other as the Legislative Assembly,

and  where  there  is  only  one  House,  it  shall  be  known  as  the  Legislative

Assembly.

169.  Abolition  or  creation  of  Legislative  Councils  in  States.—(1)

Notwithstanding anything in article 168, Parliament may by law provide for the


Notwithstanding anything in article 168, Parliament may by law provide for the

abolition of the Legislative Council of a State having such a Council or for the

creation of such a Council in a State having no such Council, if the Legislative

Assembly  of  the  State  passes  a  resolution  to  that  effect  by  a  majority  of  the

total membership of the Assembly and by a majority of not less than two-thirds

of the members of the Assembly present and voting.

(2) Any law referred to in clause (1) shall contain such provisions for the

amendment  of  this  Constitution  as  may  be  necessary  to  give  effect  to  the

provisions  of  the  law  and  may  also  contain such supplemental, incidental and

consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this

Constitution for the purposes of article 368.

1[170. Composition of the Legislative Assemblies.—(1) Subject to the

provisions of article 333, the Legislative Assembly of each State shall consist

of  not  more  than  five  hundred,  and  not  less  than  sixty,  members  chosen  by

direct election from territorial constituencies in the State.

(2)  For  the  purposes  of  clause  (1),  each  State  shall  be  divided  into

territorial  constituencies in  such  manner  that the ratio  between  the  population

of  each  constituency  and  the  number  of  seats  allotted  to  it  shall,  so  far  as

practicable, be the same throughout the State.


practicable, be the same throughout the State.

2[Explanation.—In  this  clause,  the  expression  “population”  means  the

population  as  ascertained  at  the  last  preceding  census  of  which  the  relevant

figures have been published:

1 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  9,  for  art.  170

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

2 .  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  29,  for  the

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

107

Provided  that  the  reference  in  this  Explanation  to  the  last  preceding

census  of  which  the  relevant  figures  have  been  published  shall,  until  the

relevant  figures  for  the  first  census  taken  after  the  year  1[2026]  have  been

published, be construed as a reference to the 2[2001] census.]

(3) Upon the completion of each census, the total number of seats in the

Legislative Assembly of each State and the division of each State into territorial

constituencies  shall  be  readjusted  by  such  authority  and  in  such  manner  as

Parliament may by law determine:

Provided  that  such  readjustment  shall  not  affect  representation  in  the

Legislative Assembly until the dissolution of the then existing Assembly:


Provided  that  such  readjustment  shall  not  affect  representation  in  the

Legislative Assembly until the dissolution of the then existing Assembly:

3[Provided further that such readjustment shall take effect from such date

as the President may, by order, specify and until such readjustment takes effect,

any  election  to  the  Legislative  Assembly  may  be  held  on  the  basis  of  the

territorial constituencies existing before such readjustment:

Provided  also  that  until  the  relevant  figures  for  the  first  census  taken

after  the  year  1[2026]  have  been  published,  it  shall  not  be  necessary  to

4[readjust—

(i) the total number of seats in the Legislative Assembly of each State

as readjusted on the basis of the 1971 census; and

(ii) the division of such State into territorial constituencies as may be

readjusted on the basis of the 2[2001] census,

under this clause.]

171.  Composition  of the  Legislative  Councils.—(1) The total number

of  members in  the  Legislative  Council  of  a  State  having  such  a  Council shall

not  exceed  5[one-third]  of  the  total  number  of  members  in  the  Legislative

Assembly of that State:

1.  Subs.  by  the  Constitution  (Eighty-fourth  Amendment)  Act,  2001,  s.  5,  for  "2000"

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


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

2.  Subs.  by  the  Constitution  (Eighty-seventh  Amendment)  Act,  2003,  s.  4,  for  "1991"

(w.e.f. 22-6-2003). The figures "1991" were substituted for the original figures "1971"

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

3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977).

4.  Subs.  by  the  Constitution  (Eighty-fourth  Amendment)  Act,  2001,  s.  5,  for  certain

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

5.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  10,  for  "one-fourth"

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

108

Provided that the total number of members in the Legislative Council of

a State shall in no case be less than forty.

(2)  Until  Parliament  by  law  otherwise  provides, the  composition of  the

Legislative Council of a State shall be as provided in clause (3).

(3)  Of  the  total  number  of  members  of  the  Legislative  Council  of  a

State—

(a)  as  nearly  as  may  be,  one-third  shall  be  elected  by  electorates


State—

(a)  as  nearly  as  may  be,  one-third  shall  be  elected  by  electorates

consisting  of  members  of  municipalities, district  boards and  such other

local authorities in the State as Parliament may by law specify;

(b)  as  nearly  as  may  be,  one-twelfth  shall  be  elected  by  electorates

consisting  of  persons  residing  in  the  State  who  have  been  for  at  least

three  years  graduates  of  any  university  in the territory  of  India  or  have

been for at least three years in possession of qualifications prescribed by

or under any law made by Parliament as equivalent to that of a graduate

of any such university;

(c)  as  nearly  as  may  be,  one-twelfth  shall  be  elected  by  electorates

consisting of persons who have been for at least three years engaged in

teaching  in  such  educational  institutions  within  the  State,  not  lower  in

standard  than  that  of  a  secondary  school,  as  may  be  prescribed  by  or

under any law made by Parliament;

(d) as nearly as may be, one-third shall be elected by the members of

the Legislative Assembly of the State from amongst persons who are not

members of the Assembly;

(e) the remainder shall be nominated by the Governor in accordance

with the provisions of clause (5).

(4)  The  members  to  be  elected  under  sub-clauses  (a),  (b)  and  (c)  of

clause (3) shall be chosen in such territorial constituencies as may be prescribed


clause (3) shall be chosen in such territorial constituencies as may be prescribed

by  or  under  any  law  made  by  Parliament,  and  the  elections  under  the  said

sub-clauses  and  under  sub-clause  (d)  of  the  said  clause  shall  be  held  in

accordance  with  the  system  of  proportional  representation  by  means  of  the

single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e)

of  clause  (3)  shall  consist  of  persons  having  special  knowledge  or  practical

experience in respect of such matters as the following, namely:—

109

Literature, science, art, co-operative movement and social service.

172. Duration of State Legislatures.—(1) Every Legislative Assembly

of every State, unless sooner dissolved, shall continue for 1[five years] from the

date appointed for its first meeting and no longer and the expiration of the said

period of 1[five years] shall operate as a dissolution of the Assembly:

Provided that the said period may, while a Proclamation of Emergency is

in operation, be extended by Parliament by law for a period not exceeding one

year at a time and not extending in any case beyond a period of six months after

the Proclamation has ceased to operate.

(2) The Legislative Council of a State shall not be subject to dissolution,

but as nearly as possible one-third of the members thereof shall retire as soon as

may  be  on  the  expiration  of  every  second  year  in  accordance  with  the

provisions made in that behalf by Parliament by law.


may  be  on  the  expiration  of  every  second  year  in  accordance  with  the

provisions made in that behalf by Parliament by law.

173.  Qualification  for  membership  of  the  State  Legislature.—A

person shall not be qualified to be chosen to fill a seat in the Legislature of a

State unless he—

2[(a)  is  a  citizen  of  India,  and  makes  and  subscribes  before  some

person authorised in that behalf by the Election Commission an oath or

affirmation  according  to  the  form  set  out  for  the  purpose  in  the  Third

Schedule;]

(b) is, in the case of a seat in the Legislative Assembly, not less than

twenty-five  years  of  age  and,  in  the  case  of  a  seat  in  the  Legislative

Council, not less than thirty years of age; and

(c)  possesses  such  other  qualifications  as  may  be  prescribed  in  that

behalf by or under any law made by Parliament.

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 30, for "five years"

(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,

1978, s. 24,  for "six years" (w.e.f. 6-9-1979).

2. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. (a)  (w.e.f. 5-

10-1963).

110

1 [174.  Sessions  of


10-1963).

110

1 [174.  Sessions  of

the  State  Legislature,  prorogation  and

dissolution.—(1) The Governor shall from time to time summon the House or

each House of the Legislature of the State to meet at such time and place as he

thinks  fit,  but  six  months  shall  not  intervene  between  its  last  sitting  in  one

session and the date appointed for its first sitting in the next session.

(2) The Governor may from time to time—

(a) prorogue the House or either House;

(b) dissolve the Legislative Assembly.]

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

or  Houses.—(1)  The  Governor  may  address  the  Legislative  Assembly  or,  in

the case of a State having a Legislative Council, either House of the Legislature

of  the  State,  or  both  Houses  assembled  together,  and  may  for  that  purpose

require the attendance of members.

(2)  The  Governor  may  send  messages  to  the  House  or  Houses  of  the

Legislature  of  the  State,  whether  with  respect  to  a  Bill  then  pending  in  the

Legislature  or  otherwise,  and  a  House  to  which  any  message  is  so  sent  shall

with all convenient despatch consider any matter required by the message to be

taken into consideration.

176. Special address by the Governor.—(1) At the commencement of

2[the first session after each general election to the Legislative Assembly and at


taken into consideration.

176. Special address by the Governor.—(1) At the commencement of

2[the first session after each general election to the Legislative Assembly and at

the  commencement  of  the  first  session  of  each  year],  the  Governor  shall

address the Legislative Assembly or, in the case of a State having a Legislative

Council,  both  Houses  assembled  together  and  inform  the  Legislature  of  the

causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of the

House  or  either  House  for  the allotment  of  time  for discussion  of  the  matters

referred to in such address 3***.

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

Houses.—Every Minister and the Advocate-General for a State shall have the

right  to  speak  in,  and  otherwise  to  take  part  in  the  proceedings  of,  the

Legislative Assembly of the State or, in the case of a State having a Legislative

Council,  both  Houses,  and  to  speak  in,  and  otherwise  to  take  part  in  the

proceedings of, any committee of the Legislature of which he may be named a

member, but shall not, by virtue of this article, be entitled to vote.

1 .  Subs.  by  the  Constitution  (First  Amendment)  Act,  1951,  s.  8,  for  art.174

(w.e.f. 18-6-1951).

2. Subs. by s. 9, ibid., for "every session" (w.e.f. 18-6-1951).


2. Subs. by s. 9, ibid., for "every session" (w.e.f. 18-6-1951).

3.  The  words  "and  for  the  precedence  of  such  discussion  over  other  business  of  the

House" omitted by s. 9, ibid. (w.e.f. 18-6-1951).

111

Officers of the State Legislature

178.  The  Speaker  and  Deputy  Speaker  of

the  Legislative

Assembly.—Every  Legislative  Assembly  of  a  State  shall, as  soon  as  may  be,

choose  two  members  of  the  Assembly  to be  respectively  Speaker and  Deputy

Speaker  thereof  and,  so  often  as  the  office  of  Speaker  or  Deputy  Speaker

becomes vacant, the Assembly shall choose another member to be Speaker or

Deputy Speaker, as the case may be.

179.  Vacation  and  resignation  of,  and  removal  from,  the  offices  of

Speaker  and  Deputy  Speaker.—A  member  holding  office  as  Speaker  or

Deputy Speaker of an Assembly—

(a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such

member  is  the  Speaker,  to  the  Deputy  Speaker,  and  if  such  member  is

the Deputy Speaker, to the Speaker, resign his office; and

(c)  may  be  removed  from  his  office  by  a  resolution  of  the

Assembly passed by a majority of all the then members of the Assembly:


(c)  may  be  removed  from  his  office  by  a  resolution  of  the

Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved

unless at least fourteen days' notice has been given of the intention to move the

resolution:

Provided further that, whenever the Assembly is dissolved, the Speaker

shall  not  vacate  his  office  until  immediately  before  the  first  meeting  of  the

Assembly after the dissolution.

180.  Power  of  the  Deputy  Speaker  or  other  person  to  perform  the

duties of the office of, or to act as, Speaker.—(1) While the office of Speaker

is vacant, the duties of the office shall be performed by the Deputy Speaker or,

if the office of Deputy Speaker is also vacant, by such member of the Assembly

as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly

the Deputy Speaker or, if he is also absent, such person as may be determined

by the rules of procedure of the Assembly, or, if no such person is present, such

other person as may be determined by the Assembly, shall act as Speaker.

181.  The  Speaker  or  the  Deputy  Speaker  not  to  preside  while  a

resolution  for  his  removal  from  office is  under consideration.—(1) At any

sitting of the Legislative Assembly, while any resolution for the removal of the

Speaker  from  his  office  is  under  consideration,  the  Speaker,  or  while  any


Speaker  from  his  office  is  under  consideration,  the  Speaker,  or  while  any

resolution  for  the  removal  of  the  Deputy  Speaker  from  his  office  is  under

consideration, the Deputy Speaker, shall not, though he is present, preside, and

the provisions of clause (2) of article 180 shall apply in relation  to every such

sitting as they  apply  in relation to a  sitting  from  which the  Speaker  or, as the

case may be, the Deputy Speaker, is absent.

112

(2)  The  Speaker  shall  have  the right to  speak  in,  and  otherwise to  take

part in the proceedings  of,  the  Legislative  Assembly  while  any  resolution  for

his  removal  from  office  is  under  consideration  in  the  Assembly  and  shall,

notwithstanding  anything  in  article  189,  be  entitled  to  vote  only  in  the  first

instance on such resolution or on any other matter during such proceedings but

not in the case of an equality of votes.

182.  The  Chairman  and  Deputy  Chairman  of  the  Legislative

Council.—The Legislative Council of every State having such Council shall, as

soon  as  may  be,  choose  two  members  of  the  Council  to  be  respectively

Chairman and Deputy Chairman thereof and, so often as the office of Chairman

or Deputy Chairman becomes vacant, the Council shall choose another member

to be Chairman or Deputy Chairman, as the case may be.

183.  Vacation  and  resignation  of,  and  removal  from,  the  offices  of


to be Chairman or Deputy Chairman, as the case may be.

183.  Vacation  and  resignation  of,  and  removal  from,  the  offices  of

Chairman and Deputy Chairman.—A member holding office as Chairman or

Deputy Chairman of a Legislative Council—

(a) shall vacate his office if he ceases to be a member of the Council;

(b)  may  at  any  time  by  writing  under  his  hand  addressed,  if  such

member is the Chairman, to the Deputy Chairman, and if such member is

the Deputy Chairman, to the Chairman, resign his office; and

(c)  may  be  removed  from  his  office  by  a  resolution  of  the  Council

passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) shall be moved unless

at least fourteen days' notice has been given of the intention to move the resolution.

184. Power of the Deputy Chairman or other person to perform the

duties  of  the  office  of,  or  to  act  as,  Chairman.—(1)  While  the  office  of

Chairman is vacant, the duties of the office shall be performed by the Deputy

Chairman or, if the office of Deputy Chairman is also vacant, by such member

of the Council as the Governor may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council

the Deputy Chairman or, if he is also absent, such person as may be determined

by the rules of procedure of the Council, or, if no such person is present, such

other person as may be determined by the Council, shall act as Chairman.

113


by the rules of procedure of the Council, or, if no such person is present, such

other person as may be determined by the Council, shall act as Chairman.

113

185. The Chairman or the Deputy Chairman not to preside while a

resolution  for  his  removal  from  office is  under consideration.—(1) At any

sitting  of  the  Legislative  Council,  while any  resolution  for the removal  of  the

Chairman  from  his  office  is  under  consideration,  the  Chairman,  or  while  any

resolution  for  the  removal  of  the  Deputy  Chairman  from  his  office  is  under

consideration,  the  Deputy  Chairman,  shall  not,  though  he  is  present,  preside,

and  the  provisions  of  clause (2)  of  article 184  shall  apply  in relation to  every

such sitting as they apply in relation to a sitting from which the Chairman or, as

the case may be, the Deputy Chairman is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take

part in the proceedings of, the Legislative Council while any resolution for his

removal  from  office  is  under  consideration  in  the  Council  and  shall,

notwithstanding  anything  in  article  189,  be  entitled  to  vote  only  in  the  first

instance on such resolution or on any other matter during such proceedings but

not in the case of an equality of votes.

186.  Salaries  and  allowances  of  the  Speaker  and  Deputy  Speaker

and  the  Chairman  and  Deputy  Chairman.—There  shall  be  paid  to  the


and  the  Chairman  and  Deputy  Chairman.—There  shall  be  paid  to  the

Speaker  and  the  Deputy  Speaker  of  the  Legislative  Assembly,  and  to  the

Chairman  and  the  Deputy  Chairman  of  the  Legislative  Council,  such  salaries

and allowances as may be respectively fixed by the Legislature of the State by

law and, until provision in that behalf is so made, such salaries and allowances

as are specified in the Second Schedule.

187.  Secretariat  of  State  Legislature.—(1)  The  House  or  each House

of the Legislature of a State shall have a separate secretarial staff:

Provided that nothing in this clause shall, in the case of the Legislature

of a State having a Legislative Council, be construed as preventing the creation

of posts common to both Houses of such Legislature.

(2) The Legislature of a State may by law regulate the recruitment, and

the  conditions  of  service  of  persons  appointed,  to  the  secretarial  staff  of  the

House or Houses of the Legislature of the State.

(3) Until provision is made by the Legislature of the State under clause (2),

the Governor may, after consultation with the Speaker of the Legislative Assembly

or  the  Chairman  of  the  Legislative  Council,  as  the  case  may  be,  make  rules

regulating the recruitment, and the conditions of service of persons appointed, to the

secretarial staff of the Assembly or the Council, and any rules so made shall have

effect subject to the provisions of any law made under the said clause.

114

Conduct of Business

188.  Oath  or  affirmation  by  members.—Every  member  of  the


114

Conduct of Business

188.  Oath  or  affirmation  by  members.—Every  member  of  the

Legislative Assembly or the Legislative Council of a State shall, before taking

his seat, make and subscribe before the Governor, or some person appointed in

that behalf by him, an oath or affirmation according to the form set out for the

purpose in the Third Schedule.

189.  Voting  in  Houses,  power  of  Houses  to  act  notwithstanding

vacancies and quorum.—(1) Save as otherwise provided in this Constitution,

all  questions  at  any  sitting  of  a  House  of  the  Legislature  of  a  State  shall  be

determined  by  a  majority  of  votes  of  the  members  present  and  voting,  other

than the Speaker or Chairman, or person acting as such.

The Speaker or Chairman, or person acting as such, shall not vote in the

first  instance,  but  shall  have  and  exercise  a  casting  vote  in  the  case  of  an

equality of votes.

(2)  A  House  of  the  Legislature  of  a  State  shall  have  power  to  act

notwithstanding any  vacancy  in  the  membership  thereof, and any  proceedings

in the Legislature of a State shall be valid notwithstanding that it is discovered

subsequently  that  some  person  who  was  not  entitled  so  to  do  sat  or  voted  or

otherwise took part in the proceedings.

1[(3)  Until  the  Legislature  of  the  State  by  law  otherwise  provides,  the

quorum to constitute a meeting of a House of the Legislature of a State shall be


quorum to constitute a meeting of a House of the Legislature of a State shall be

ten  members  or  one-tenth  of  the  total  number  of  members  of  the  House,

whichever is greater.

(4)  If  at  any  time  during  a  meeting  of  the  Legislative  Assembly  or  the

Legislative  Council  of  a  State  there  is  no  quorum,  it  shall  be  the  duty  of  the

Speaker or Chairman, or person acting as such, either to adjourn the House or

to suspend the meeting until there is a quorum.]

Disqualifications of Members

190.  Vacation  of  seats.—(1)  No  person  shall  be  a  member  of  both

Houses  of  the  Legislature  of  a  State  and  provision  shall  be  made  by  the

Legislature  of  the  State by  law  for  the  vacation  by  a  person  who  is  chosen  a

member of both Houses of his seat in one house or the other.

1.  Omitted  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  31  (date  not

notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)

Act, 1978, s. 45 (w.e.f. 20-6-1979).

115

(2)  No  person  shall  be  a  member  of  the  Legislatures  of  two  or  more

States specified in the First Schedule and if a person is chosen a member of the


States specified in the First Schedule and if a person is chosen a member of the

Legislatures of two or more such States, then, at the expiration of such period

as  may  be  specified  in  rules1 made  by  the  President,  that  person's  seat  in  the

Legislatures  of  all  such  States  shall  become  vacant,  unless  he  has  previously

resigned his seat in the Legislatures of all but one of the States.

(3) If a member of a House of the Legislature of a State—

(a)  becomes  subject  to  any  of  the  disqualifications  mentioned  in

2[clause (1) or clause (2) of article 191]; or

3[(b)  resigns  his  seat  by  writing  under  his  hand  addressed  to  the

speaker  or  the  Chairman,  as  the  case  may  be,  and  his  resignation  is

accepted by the Speaker or the Chairman, as the case may be,]

his seat shall thereupon become vacant:

4[Provided that in the case of any resignation referred to in sub-clause (b),

if  from  information  received  or  otherwise  and  after  making  such  inquiry  as  he

thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such

resignation is not voluntary or genuine, he shall not accept such resignation.]

(4) If for a period of sixty days a member of a House of the Legislature

of a State is without permission of the House absent from all meetings thereof,

the House may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall


of a State is without permission of the House absent from all meetings thereof,

the House may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall

be taken of any period during which the House is prorogued or is adjourned for

more than four consecutive days.

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

disqualified  for  being  chosen  as,  and  for  being,  a  member  of  the  Legislative

Assembly or Legislative Council of a State—

1 .  See  the  Prohibition  of  Simultaneous  Membership  Rules,  1950  published  by  the

Ministry  of  Law  Notification  number  F.  46/50-C,  dated  the  26th  January,  1950,

Gazette of India, Extraordinary, p. 678.

2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for "clause (1) of

article 191" (w.e.f. 1-3-1985).

3 Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3 (w.e.f. 19-5-1974).

4. Ins. by s. 3, ibid. (w.e.f. 19-5-1974).

116

1[(a) if he holds any office of profit under the Government of India or

the Government of any State specified in the First Schedule, other than

an office declared by the Legislature of the State by law not to disqualify

its holder;]


the Government of any State specified in the First Schedule, other than

an office declared by the Legislature of the State by law not to disqualify

its holder;]

(b) if he is  of  unsound  mind  and stands  so declared by  a  competent

court;

(c) if he is an undischarged insolvent;

(d)  if  he  is  not  a  citizen  of  India,  or  has  voluntarily  acquired  the

citizenship  of  a  foreign  State,  or  is  under  any  acknowledgment  of

allegiance or adherence to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament.

2[Explanation.—For  the  purposes  of  this  clause],  a  person  shall  not  be

deemed  to  hold  an  office  of  profit  under  the  Government  of  India  or  the

Government of any State specified in the First Schedule by reason only that he

is a Minister either for the Union or for such State.

3 [(2)  A  person  shall  be  disqualified  for  being  a  member  of  the

Legislative Assembly or Legislative Council of a State if he is so disqualified

under the Tenth Schedule.]

4[192. Decision on questions as to disqualifications of members.—(1)

If any question arises as to whether a member of a House of the Legislature of a

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

of  article  191,  the question  shall be referred  for the  decision  of  the  Governor

and his decision shall be final.

(2) Before giving any decision on any such question, the Governor shall


and his decision shall be final.

(2) Before giving any decision on any such question, the Governor shall

obtain the opinion of the Election Commission and shall act according to such

opinion.]

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32 to read as "(a) if

he holds any such office of profit under the Government of India or the Government of

any  State  specified  in  the  First  Schedule  as  is  declared  by  Parliament  by  law  to

disqualify  its  holder"  (date  not  notified).  This  amendment  was  omitted  by  the

Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).

2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for "(2) For the

purposes of this article" (w.e.f. 1-3-1985).

3. Ins. by s. 5, ibid. (w.e.f. 1-3-1985).

4.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  33,  for  art.  192

(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,

1978, s. 25, for art. 192 (w.e.f. 20-6-1979).

117

193. Penalty for sitting and voting before making oath or affirmation

under article 188 or when not qualified or when disqualified.—If a person


117

193. Penalty for sitting and voting before making oath or affirmation

under article 188 or when not qualified or when disqualified.—If a person

sits  or  votes  as  a  member  of  the  Legislative  Assembly  or  the  Legislative

Council of a State before he has complied with the requirements of article 188,

or  when  he  knows  that  he  is  not  qualified  or  that  he  is  disqualified  for

membership thereof, or that he is prohibited from so doing by the provisions of

any law made by Parliament or the Legislature of the State, he shall be liable in

respect  of  each  day  on  which  he so  sits  or  votes to  a  penalty  of  five  hundred

rupees to be recovered as a debt due to the State.

Powers, Privileges and Immunities of State Legislatures

and their Members

194. Powers, privileges, etc., of the Houses of Legislatures and of the

members  and  committees  thereof.—(1)  Subject  to  the  provisions  of  this

Constitution and to the rules and standing orders regulating the procedure of the

Legislature, there shall be freedom of speech in the Legislature of every State.

(2)  No  member  of  the  Legislature  of  a  State  shall  be  liable  to  any

proceedings in any court in respect of anything said or any vote given by him in

the  Legislature  or  any  committee  thereof,  and  no  person  shall  be  so  liable  in

respect  of  the  publication  by  or  under  the  authority  of  a  House  of  such  a

Legislature of any report, paper, votes or proceedings.


Legislature of any report, paper, votes or proceedings.

1[(3) In other respects, the powers, privileges and immunities of a House

of  the  Legislature  of  a  State,  and  of  the  members  and  the  committees  of  a

House of such Legislature, shall be such as may from time to time be defined

by the Legislature by law, and, until so defined, 2[shall be those of that House

and of its members and committees immediately before the coming into force

of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].

1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  34  to  read  as

follows. :

"(3)  In  other  respects,  the  powers,  privileges  and  immunities  of  a  House  of  the

Legislature  of    a  State,  and  of  the  members  and  the  committees  of  a  House  of  such

Legislature, shall be those of that House, and of its members and Committees, at the

commencement  of  section  34  of  the  Constitution  (Forty-second  Amendment)  Act,

1976,  and  as  may  be  evolved  by  such  House  of  the  House  of  the  People,  and  of  its

members  and  committees  where  such  House  is  the  Legislative  Assembly  and  in

accordance  with  those  of  the  Council  of  States,  and  of  its  members  and  committees


accordance  with  those  of  the  Council  of  States,  and  of  its  members  and  committees

where  such  House  is  the  Legislative  Council."  (date  not  notified).  This  amendment

was  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  45

(w.e.f. 19-6-1979)."

2.  Subs.  by  the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  26,  for  certain

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

118

(4)  The  provisions  of  clauses  (1),  (2)  and  (3)  shall  apply  in  relation  to

persons  who  by  virtue  of  this  Constitution  have  the  right  to  speak  in,  and

otherwise to take part in the proceedings of, a House of the Legislature of a State

or any committee thereof as they apply in relation to members of that Legislature.

the

195.  Salaries  and  allowances  of  members.—Members  of

Legislative Assembly and the Legislative Council of a State shall be entitled to

receive such salaries and allowances as may from time to time be determined,

by the Legislature of the State by law and,  until provision in that respect is so

made, salaries and allowances at such rates and upon such conditions as were

immediately  before  the  commencement  of  this  Constitution  applicable  in  the

case of members of the Legislative Assembly of the corresponding Province.

Legislative Procedure


immediately  before  the  commencement  of  this  Constitution  applicable  in  the

case of members of the Legislative Assembly of the corresponding Province.

Legislative Procedure

196. Provisions  as  to introduction  and  passing  of Bills.—(1) Subject

to the provisions of articles 198 and 207 with respect to Money Bills and other

financial Bills, a Bill may originate in either House of the Legislature of a State

which has a Legislative Council.

(2) Subject to the provisions of articles 197 and 198, a Bill shall not be

deemed to have been passed by the Houses of the Legislature of a State having

a  Legislative  Council  unless  it  has  been  agreed  to  by  both  Houses,  either

without  amendment  or  with  such  amendments  only  as  are  agreed  to  by  both

Houses.

(3) A Bill pending in the Legislature of a State shall not lapse by reason

of the prorogation of the House or Houses thereof.

(4)  A  Bill pending in the  Legislative  Council  of  a  State  which  has  not

been passed by the Legislative Assembly shall not lapse on a dissolution of the

Assembly.

(5)  A  Bill  which is  pending in  the  Legislative  Assembly  of  a  State,  or

which  having  been  passed  by  the  Legislative  Assembly  is  pending  in  the

Legislative Council, shall lapse on a dissolution of the Assembly.

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

than  Money  Bills.—(1)  If  after  a  Bill  has  been  passed  by  the  Legislative


than  Money  Bills.—(1)  If  after  a  Bill  has  been  passed  by  the  Legislative

Assembly  of  a  State  having  a  Legislative  Council  and  transmitted  to  the

Legislative Council—

(a) the Bill is rejected by the Council; or

(b) more than three months elapse from the date on which the Bill is

laid before the Council without the Bill being passed by it; or

119

(c) the  Bill is  passed  by  the  Council  with amendments  to  which the

Legislative Assembly does not agree;

the Legislative Assembly may, subject to the rules regulating its procedure, pass the

Bill again in the same or in any subsequent session with or without such amendments,

if any, as have been made, suggested or agreed to by the Legislative Council and then

transmit the Bill as so passed to the Legislative Council.

(2)  If  after  a  Bill  has  been  so  passed  for  the  second  time  by  the

Legislative Assembly and transmitted to the Legislative Council—

(a) the Bill is rejected by the Council; or

(b)  more than  one  month  elapses  from  the  date  on  which the  Bill is

laid before the Council without the Bill being passed by it; or

(c) the  Bill is  passed  by  the  Council  with amendments  to  which the

Legislative Assembly does not agree;

the Bill shall be deemed to have been passed by the Houses of the Legislature of the

State in the form in which it was passed by the Legislative Assembly for the second

time with such amendments, if any, as have been made or suggested by the Legislative

Council and agreed to by the Legislative Assembly.


time with such amendments, if any, as have been made or suggested by the Legislative

Council and agreed to by the Legislative Assembly.

(3) Nothing in this article shall apply to a Money Bill.

198. Special procedure in respect of Money Bills.—(1) A Money Bill

shall not be introduced in a Legislative Council.

(2) After a Money Bill has been passed by the Legislative Assembly of a

State  having  a  Legislative  Council,  it  shall  be  transmitted  to  the  Legislative

Council  for  its  recommendations,  and  the  Legislative  Council  shall  within  a

period of fourteen days from the date of its receipt of the Bill return the Bill to the

Legislative  Assembly  with  its  recommendations,  and  the  Legislative  Assembly

may  thereupon either  accept  or reject all  or any  of the recommendations  of the

Legislative Council.

(3)  If  the  Legislative  Assembly  accepts  any  of  the  recommendations  of

the  Legislative  Council, the Money  Bill shall be  deemed to  have been  passed

by both Houses with the amendments recommended by the Legislative Council

and accepted by the Legislative Assembly.

(4)  If

the  Legislative  Assembly  does  not  accept  any  of

the

recommendations  of the  Legislative  Council,  the  Money  Bill  shall  be  deemed

to have been passed by both Houses in the form in which it was passed by the

Legislative  Assembly  without  any  of  the  amendments  recommended  by  the

Legislative Council.

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(5) If a Money Bill passed by the Legislative Assembly and transmitted


Legislative Council.

120

(5) If a Money Bill passed by the Legislative Assembly and transmitted

to  the  Legislative  Council  for  its  recommendations  is  not  returned  to  the

Legislative  Assembly  within  the  said  period  of  fourteen  days,  it  shall  be

deemed to have been passed by both Houses at the expiration of the said period

in the form in which it was passed by the Legislative Assembly.

199.  Definition  of  “Money  Bills”.—(1)  For  the  purposes  of  this

Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions

dealing with all or any of the following matters, namely:—

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any

guarantee by the State, or the amendment of the law  with respect to any

financial obligations undertaken or to be undertaken by the State;

(c) the custody of the Consolidated Fund or the Contingency Fund

of  the  State,  the  payment  of  moneys  into  or  the  withdrawal  of  moneys

from any such Fund;

(d)  the  appropriation  of  moneys  out  of  the  Consolidated  Fund  of

the State;

(e) the declaring of any expenditure to be expenditure charged on

the  Consolidated  Fund  of  the  State,  or  the increasing  of  the  amount  of

any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of the

State  or the  public account  of  the  State  or the  custody  or  issue  of  such


State  or the  public account  of  the  State  or the  custody  or  issue  of  such

money; or

(g)  any  matter  incidental  to  any  of    the  matters  specified  in

sub-clauses  (a)  to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it

provides  for  the  imposition  of  fines  or  other  pecuniary  penalties,  or  for  the

demand  or  payment  of  fees  for  licences  or  fees  for  services  rendered,  or  by

reason  that  it  provides  for  the  imposition,  abolition,  remission,  alteration  or

regulation of any tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill introduced in the Legislature of

a State which has a Legislative Council is a Money Bill or not, the decision of

the Speaker of the Legislative Assembly of such State thereon shall be final.

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(4) There shall be endorsed on every Money Bill when it is transmitted

to  the  Legislative  Council  under  article  198,  and  when  it  is  presented  to  the

Governor  for  assent  under  article  200,  the  certificate  of  the  Speaker  of  the

Legislative Assembly signed by him that it is a Money Bill.

200.  Assent  to  Bills.—When  a  Bill  has  been  passed  by  the  Legislative

Assembly of a State or, in the case of a State having a Legislative Council, has

been passed by both Houses of the Legislature of the State, it shall be presented


Assembly of a State or, in the case of a State having a Legislative Council, has

been passed by both Houses of the Legislature of the State, it shall be presented

to the Governor and the Governor shall declare either that he assents to the Bill

or  that  he  withholds  assent  therefrom  or  that  he  reserves  the  Bill  for  the

consideration of the President:

Provided  that  the  Governor  may,  as  soon  as  possible  after  the

presentation to him of the Bill for assent, return the Bill if it is not a Money Bill

together  with  a  message  requesting  that  the  House  or  Houses  will  reconsider

the Bill or any specified provisions thereof and, in particular, will consider the

desirability of introducing any such amendments as he may recommend in his

message and, when a Bill is so returned, the House or Houses shall reconsider

the  Bill  accordingly,  and  if  the  Bill  is  passed  again  by  the  House  or  Houses

with  or  without  amendment  and  presented  to  the  Governor  for  assent,  the

Governor shall not withhold assent therefrom:

Provided  further  that  the  Governor shall  not  assent to,  but  shall reserve

for  the  consideration  of  the  President,  any  Bill  which  in  the  opinion  of  the

Governor  would,  if  it  became  law,  so  derogate  from  the  powers  of  the  High

Court  as  to  endanger  the  position  which  that  Court  is  by  this  Constitution

designed to fill.


Court  as  to  endanger  the  position  which  that  Court  is  by  this  Constitution

designed to fill.

201.  Bills  reserved  for  consideration.—When  a  Bill  is  reserved  by  a

Governor  for  the  consideration  of  the  President,  the  President  shall  declare

either that he assents to the Bill or that he withholds assent therefrom:

Provided  that,  where  the  Bill  is  not  a  Money  Bill,  the  President  may

direct the Governor to  return the Bill to the House or, as the case may be, the

Houses  of  the  Legislature  of  the  State  together  with  such  a  message  as  is

mentioned in the first proviso to article 200 and, when a Bill is so returned, the

House or Houses shall reconsider it accordingly within a period of six months

from the date of receipt of such message and, if it is again passed by the House

or  Houses  with  or  without  amendment,  it  shall  be  presented  again  to  the

President for his consideration.

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Procedure in Financial Matters

202. Annual financial statement.—(1) The Governor shall in respect of

every  financial  year  cause  to  be  laid  before  the  House  or  Houses  of  the

Legislature of the State a statement of the estimated receipts and expenditure of

the  State  for  that  year,  in  this  Part  referred  to  as  the  “annual  financial

statement”.

(2)  The  estimates  of  expenditure  embodied  in  the  annual  financial

statement shall show separately—


statement”.

(2)  The  estimates  of  expenditure  embodied  in  the  annual  financial

statement shall show separately—

(a)  the  sums  required  to  meet  expenditure  described  by  this

Constitution as expenditure charged upon the Consolidated Fund of the

State; and

(b) the sums required to meet other expenditure proposed to be made

from the Consolidated Fund  of the State;

and shall distinguish expenditure on revenue account from other expenditure.

(3)  The  following  expenditure  shall  be  expenditure  charged  on  the

Consolidated Fund of each State—

(a)  the  emoluments  and  allowances  of  the  Governor  and  other

expenditure relating to his office;

(b)  the  salaries  and  allowances  of  the  Speaker  and  the  Deputy

Speaker of the Legislative Assembly and, in the case of a State having a

Legislative  Council, also  of  the  Chairman  and  the  Deputy  Chairman  of

the Legislative Council;

(c)  debt  charges  for  which  the  State  is  liable  including  interest,

sinking  fund  charges  and  redemption  charges,  and  other  expenditure

relating to the raising of loans and the service and redemption of debt;

(d) expenditure in respect of the salaries and allowances of Judges of

any High Court;

(e) any sums required to satisfy any judgment, decree or award of any

court or arbitral tribunal;

(f)  any  other  expenditure  declared  by  this  Constitution,  or  by  the

Legislature of the State by law, to be so charged.

203.  Procedure  in  Legislature  with  respect  to  estimates.—(1)  So


Legislature of the State by law, to be so charged.

203.  Procedure  in  Legislature  with  respect  to  estimates.—(1)  So

much of the estimates as relates to expenditure charged  upon the Consolidated

Fund of a State shall not be submitted to the vote of the Legislative Assembly,

but nothing in this clause shall be construed as preventing the discussion in the

Legislature of any of those estimates.

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(2) So much of the said estimates as relates to other expenditure shall be

submitted in the form of demands for grants to the Legislative Assembly, and

the Legislative Assembly shall have power to assent, or to refuse to  assent, to

any  demand,  or  to  assent to any  demand  subject  to a  reduction  of the amount

specified therein.

(3) No demand for a grant shall be made except on the recommendation

of the Governor.

204. Appropriation Bills.—(1) As soon as may be after the grants under

article 203 have been made by the Assembly, there shall be introduced a Bill to

provide  for the  appropriation  out  of  the  Consolidated  Fund  of  the  State  of  all

moneys required to meet—

(a) the grants so made by the Assembly; and

(b) the expenditure charged on the Consolidated Fund of the State but

not exceeding in any case the amount shown in the statement previously

laid before the House or Houses.

(2)  No  amendment  shall  be  proposed  to  any  such  Bill  in  the  House  or

either  House  of  the  Legislature  of  the  State  which  will  have  the  effect  of


either  House  of  the  Legislature  of  the  State  which  will  have  the  effect  of

varying  the  amount  or  altering  the  destination  of  any  grant  so  made  or  of

varying  the  amount  of  any  expenditure  charged  on  the  Consolidated  Fund  of

the State, and the decision of the person presiding as to whether an amendment

is inadmissible under this clause shall be final.

(3) Subject to the provisions of articles 205 and 206, no money shall be

withdrawn from the Consolidated Fund of the State except under appropriation

made by law passed in accordance with the provisions of this article.

205. Supplementary, additional  or  excess  grants.—(1) The Governor

shall—

(a) if the amount authorised by any law made in accordance with the

provisions  of  article  204 to  be  expended  for  a  particular  service  for  the

current financial year is found to be insufficient for the purposes of that

year  or  when  a  need  has  arisen  during  the  current  financial  year  for

supplementary  or  additional  expenditure  upon  some  new  service  not

contemplated in the annual financial statement for that year, or

(b)  if  any  money  has  been  spent  on  any  service  during  a  financial

year in excess of the amount granted for that service and for that year,

124

cause to be laid before the House or the Houses of the Legislature of the State

another statement showing the estimated amount of that expenditure or cause to

be presented to the Legislative Assembly of the State a demand for such excess,

as the case may be.


another statement showing the estimated amount of that expenditure or cause to

be presented to the Legislative Assembly of the State a demand for such excess,

as the case may be.

(2)  The  provisions  of  articles  202,  203  and  204  shall  have  effect  in

relation to any such statement and expenditure or demand and also to any law

to  be  made  authorising  the  appropriation  of  moneys  out  of  the  Consolidated

Fund  of  the  State  to  meet  such  expenditure  or  the  grant  in  respect  of  such

demand as they have effect in relation to the annual financial statement and the

expenditure  mentioned  therein  or  to  a  demand  for  a  grant  and  the  law  to  be

made for the authorisation of appropriation of moneys out of the Consolidated

Fund of the State to meet such expenditure or grant.

206.  Votes  on  account,  votes  of  credit  and  exceptional  grants.—(1)

Notwithstanding  anything  in  the  foregoing  provisions  of  this  Chapter,  the

Legislative Assembly of a State shall have power—

(a)  to  make  any  grant  in  advance  in  respect  of  the  estimated

expenditure  for  a  part  of  any  financial  year  pending  the  completion  of

the procedure prescribed in article 203 for the voting of such grant and

the passing of the law in accordance with the provisions of article 204 in

relation to that expenditure;

(b)  to  make  a  grant  for  meeting  an  unexpected  demand  upon  the


relation to that expenditure;

(b)  to  make  a  grant  for  meeting  an  unexpected  demand  upon  the

resources of the State when on account of the magnitude or the indefinite

character  of  the  service  the  demand  cannot  be  stated  with  the  details

ordinarily given in an annual financial statement;

(c) to  make an  exceptional  grant  which  forms  no part  of the  current

service of any financial year;

and  the  Legislature  of  the  State  shall  have  power  to  authorise  by  law  the

withdrawal of moneys from the Consolidated Fund of the State for the purposes

for which the said grants are made.

(2) The provisions of articles 203 and 204 shall have effect in relation to

the making of any grant under clause (1) and to any law to be made under that

clause as they have effect in relation to the making of a grant with regard to any

expenditure mentioned in the annual financial statement and the law to be made

for the authorisation of appropriation of moneys out of the Consolidated Fund

of the State to meet such expenditure.

125

207. Special provisions as to financial Bills.—(1) A Bill or amendment

making provision  for  any  of  the  matters  specified in sub-clauses  (a)  to  (f)  of

clause  (1)  of  article  199  shall  not  be  introduced  or  moved  except  on  the

recommendation of the Governor, and a Bill making such provision shall not be

introduced in a Legislative Council:

Provided that no recommendation shall be required under this clause for

the moving of an amendment making provision for the reduction or abolition of

any tax.


introduced in a Legislative Council:

Provided that no recommendation shall be required under this clause for

the moving of an amendment making provision for the reduction or abolition of

any tax.

(2) A Bill or amendment shall not be deemed to make provision for any

of  the  matters  aforesaid  by  reason  only  that  it  provides  for  the  imposition  of

fines  or  other  pecuniary  penalties,  or  for  the  demand  or  payment  of  fees  for

licences  or  fees  for  services  rendered,  or  by  reason  that  it  provides  for  the

imposition, abolition, remission, alteration or regulation of any tax by any local

authority or body for local purposes.

(3)  A  Bill  which, if  enacted  and  brought into  operation,  would  involve

expenditure  from  the  Consolidated  Fund  of  a  State  shall  not  be  passed  by  a

House of the Legislature of the State unless the Governor has recommended to

that House the consideration of the Bill.

Procedure Generally

208.  Rules  of  procedure.—(1)  A  House  of  the  Legislature  of  a  State

may make rules for regulating, subject to the provisions of this  Constitution, its

procedure and the conduct of its business.

(2)  Until  rules  are  made  under  clause  (1),  the  rules  of  procedure  and

standing  orders  in  force  immediately  before  the  commencement  of  this

Constitution with respect to the Legislature for the corresponding Province shall

have effect in relation to the Legislature of the State subject to such modifications


Constitution with respect to the Legislature for the corresponding Province shall

have effect in relation to the Legislature of the State subject to such modifications

and  adaptations  as  may    be  made  therein  by  the  Speaker  of  the  Legislative

Assembly, or the Chairman of the Legislative Council, as the case may be.

(3)  In  a  State  having  a  Legislative  Council  the  Governor,  after

consultation with the Speaker of the Legislative Assembly and the Chairman of

the  Legislative  Council,  may  make  rules  as  to  the  procedure  with  respect  to

communications between the two Houses.

 The brackets and words "(including the quorum to constitute a meeting of the House)"

ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 35 (date not notified).

This  amendment  was  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,

1978, s. 45 (w.e.f. 20-6-1979).

126

209. Regulation by law of procedure in the Legislature of the State in

relation to financial business.—The Legislature of a State may, for the purpose

of the timely completion of financial business, regulate by law the procedure of,

and  the  conduct  of  business  in,  the  House  or  Houses  of  the  Legislature  of  the

State  in  relation  to  any  financial  matter  or  to  any  Bill  for  the  appropriation  of

moneys  out  of  the  Consolidated  Fund  of  the  State,  and,  if  and  so  far  as  any


moneys  out  of  the  Consolidated  Fund  of  the  State,  and,  if  and  so  far  as  any

provision of any law so made is inconsistent with any rule made by the House or

either House of the Legislature of the State under clause (1) of article 208 or with

any rule or standing order having effect in relation to the Legislature of the State

under clause (2) of that article, such provision shall prevail.

210.  Language  to  be  used  in  the  Legislature.—(1)  Notwithstanding

anything in Part XVII, but subject to the provisions of article 348, business in

the  Legislature  of  a  State  shall  be  transacted  in  the  official  language  or

languages of the State or in Hindi or in English:

Provided  that  the  Speaker  of  the  Legislative  Assembly  or  Chairman  of

the  Legislative  Council,  or  person  acting  as  such,  as  the  case  may  be,  may

permit  any  member  who  cannot  adequately  express  himself  in  any  of  the

languages aforesaid to address the House in his mother-tongue.

(2)  Unless  the  Legislature  of  the  State  by  law  otherwise  provides,  this

article  shall,  after  the  expiration  of  a  period  of  fifteen  years  from  the

commencement of this Constitution, have effect as if the words “or in English”

were omitted therefrom:

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