44. Uniform  civil code for  the  citizens.—The State shall endeavour to

secure for the citizens a uniform civil code throughout the territory of India.

2[45.  Provision  for  early  childhood  care  and  education  to  children

below  the  age  of  six  years.—The  State  shall  endeavour  to  provide  early

childhood care and education for all children until they complete the age of six

years.]

46.  Promotion  of  educational  and  economic  interests  of  Scheduled

Castes,  Scheduled  Tribes  and  other  weaker  sections.—The  State  shall

promote with special care the educational and economic interests of the weaker

sections  of  the  people,  and,  in  particular,  of  the  Scheduled  Castes  and  the

Scheduled Tribes, and shall protect them from social injustice and all forms of

exploitation.

47. Duty of the State to raise the level of nutrition and the standard

of living and to improve public health.—The State shall regard the raising of

the  level  of  nutrition  and  the  standard  of  living  of  its  people  and  the

improvement of public health as among its primary duties and, in particular, the

State shall endeavour to bring about prohibition of the consumption except for

medicinal  purposes  of  intoxicating drinks and  of  drugs  which  are  injurious to

health.

48.  Organisation  of  agriculture  and  animal  husbandry.—The  State

shall  endeavour  to  organise  agriculture  and  animal husbandry  on  modern  and

scientific lines and shall, in particular, take steps for preserving and improving


shall  endeavour  to  organise  agriculture  and  animal husbandry  on  modern  and

scientific lines and shall, in particular, take steps for preserving and improving

the  breeds, and  prohibiting  the slaughter,  of  cows  and  calves  and  other  milch

and draught cattle.

3[48A. Protection and improvement of environment and safeguarding

of forests and wild life.—The State shall endeavour to protect and improve the

environment and to safeguard the forests and wild life of the country.]

1. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3 (w.e.f. 15-2-2012).

2 .  Subs.  by  the  Constitution  (Eighty-sixth  Amendment)  Act,  2002,  s.  3,  for  art.  45

(w.e.f. 1-4-2010).

3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977).

54

49.  Protection  of  monuments  and  places  and  objects  of  national

importance.—It shall be the obligation of the State to protect every monument

or  place  or  object  of  artistic  or  historic  interest, 1[declared  by  or  under  law

made  by  Parliament]

importance,  from  spoliation,

disfigurement, destruction, removal, disposal or export, as the case may be.

to  be  of  national

50. Separation of judiciary from executive.—The State shall take steps

to separate the judiciary from the executive in the public services of the State.


to  be  of  national

50. Separation of judiciary from executive.—The State shall take steps

to separate the judiciary from the executive in the public services of the State.

51.  Promotion  of  international  peace  and  security.—The  State  shall

endeavour to—

(a)  promote international peace and security;

(b)  maintain just and honourable relations between nations;

(c) foster respect for international law and treaty obligations in the

dealings of organised peoples with one another; and

(d) encourage settlement of international disputes by arbitration.

1.  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  27,  for  "declared  by

Parliament by law" (w.e.f. 1-11-1956).

55

1[PART  IVA

FUNDAMENTAL DUTIES

51A.  Fundamental  duties.—It  shall  be  the  duty  of  every  citizen  of

India—

(a)  to  abide  by  the  Constitution  and  respect  its  ideals  and

institutions, the National Flag and the National Anthem;

(b)  to  cherish  and  follow  the  noble  ideals  which  inspired  our

national struggle for freedom;

(c)  to  uphold  and  protect  the  sovereignty,  unity  and  integrity  of

India;

(d) to defend the country and render national service when called

upon to do so;

(e)  to  promote  harmony  and  the  spirit  of  common  brotherhood

amongst  all  the  people  of  India  transcending  religious,  linguistic  and


amongst  all  the  people  of  India  transcending  religious,  linguistic  and

regional or sectional diversities; to renounce practices derogatory to the

dignity of women;

(f)  to  value  and  preserve  the  rich  heritage  of  our  composite

culture;

(g)  to  protect  and  improve  the  natural  environment  including

forests,  lakes,  rivers  and  wild  life,  and  to  have  compassion  for  living

creatures;

(h)  to  develop  the  scientific  temper,  humanism  and  the  spirit  of

inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j)  to  strive  towards  excellence  in  all  spheres  of  individual  and

collective  activity  so  that the  nation  constantly  rises  to  higher levels  of

endeavour and achievement; ]

2[(k)  who  is  a  parent  or  guardian  to  provide  opportunities  for

education to his child or, as  the case may be, ward between the age of

six and fourteen years.]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).

2. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (w.e.f. 1-4-2010).

56

PART  V

THE UNION

CHAPTER I.—THE EXECUTIVE

The President and Vice-President

52. The President of India.—There shall be a President of India.


56

PART  V

THE UNION

CHAPTER I.—THE EXECUTIVE

The President and Vice-President

52. The President of India.—There shall be a President of India.

53. Executive power of the Union.—(1) The executive power of the Union

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

through officers subordinate to him in accordance with this Constitution.

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

supreme  command  of  the  Defence  Forces  of  the  Union shall  be  vested in  the

President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall—

(a) be  deemed to transfer to the President any  functions  conferred

by any existing law on the Government of any State or other authority; or

(b)  prevent  Parliament  from  conferring  by  law  functions  on

authorities other than the President.

54.  Election  of  President.—The  President  shall  be  elected  by  the

members of an electoral college consisting of—

(a) the elected members of both Houses of Parliament; and

(b)  the elected members of the Legislative Assemblies of the States.

1[Explanation.—In  this  article  and  in  article  55,  “State”  includes  the

National Capital Territory of Delhi and the Union territory of  *Pondicherry.]

55. Manner  of  election  of President.—(1) As far as practicable, there

shall  be uniformity  in  the  scale  of  representation  of  the  different States at the

election of the President.


shall  be uniformity  in  the  scale  of  representation  of  the  different States at the

election of the President.

(2) For the purpose of securing such uniformity among the States inter se

as well as parity between the States as a whole and the Union, the number of

votes  which  each  elected  member  of  Parliament  and  of  the  Legislative

Assembly of each State is entitled to cast at such election shall be determined in

the following manner:—

(a) every elected member of the Legislative Assembly of a State shall

have as many votes as there are multiples of one thousand in the quotient

obtained by dividing the population of the State by the total number of

the elected members of the Assembly;

1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1 -6-1995).

Now Puducherry vide  the Pondicherry  (Alteration of Name) Act, 2006 (44 of 2006),

s. 3 (w.e.f. 1-10-2006).

57

(b) if, after taking the said multiples of one thousand, the remainder is

not less than five hundred, then the vote of each member referred to in

sub-clause (a) shall be further increased by one;

(c)  each  elected  member  of  either  House  of  Parliament  shall  have

such number of votes as may be obtained by dividing the total number of

votes  assigned  to  the  members  of  the  Legislative  Assemblies  of  the

States under sub-clauses (a) and (b)  by the total number of the elected

members  of  both  Houses  of  Parliament,  fractions  exceeding  one-half


States under sub-clauses (a) and (b)  by the total number of the elected

members  of  both  Houses  of  Parliament,  fractions  exceeding  one-half

being counted as one and other fractions being disregarded.

(3)  The  election  of  the  President  shall  be  held  in  accordance  with  the

system of proportional representation by means of the single transferable vote

and the voting at such election shall be by secret ballot.

1[Explanation.—In  this  article,  the  expression  “population”  means  the

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

figures have been published:

Provided  that  the  reference  in  this  Explanation  to  the  last  preceding

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

relevant  figures  for  the  first  census  taken  after  the  year  2[2026]  have  been

published, be construed as a reference to the 1971 census.]

56. Term of office of President.—(1) The President shall hold office for

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

Provided that—

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

Vice-President, resign his office;

(b) the  President  may,  for  violation  of  the  Constitution,  be removed

from office by impeachment in the manner provided in article 61;

(c)  the  President  shall,  notwithstanding  the  expiration  of  his  term,


from office by impeachment in the manner provided in article 61;

(c)  the  President  shall,  notwithstanding  the  expiration  of  his  term,

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

(2) Any resignation addressed to the Vice-President under clause (a) of

the  proviso  to  clause  (1)  shall  forthwith  be  communicated  by  him  to  the

Speaker of the House of the People.

1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s. 12,  for  the  Explanation

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

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

2-2002).

58

57.  Eligibility  for  re-election.—A person who holds, or who has held,

office as President shall, subject to the other provisions of this Constitution, be

eligible for re-election to that office.

58.  Qualifications  for  election  as  President.—(1)  No  person  shall  be

eligible for election as President unless he—

(a) is a citizen of India,

(b) has completed the age of thirty-five years, and

(c) is qualified for election as a member of the House of the People.

(2)  A  person  shall  not  be  eligible  for  election  as  President  if  he  holds

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

State or under any local or other authority subject to the control of any of the

said Governments.


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

State or under any local or other authority subject to the control of any of the

said Governments.

Explanation.—For  the  purposes  of  this  article,  a  person  shall  not  be

deemed to  hold any  office  of  profit  by  reason  only  that he is  the President  or

Vice-President of the Union or the Governor 1*** of any State or is a Minister

either for the Union or for any State.

59.  Conditions  of President's  office.—(1) The President shall not be a

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

State,  and  if  a  member  of  either  House  of  Parliament  or  of  a  House  of  the

Legislature  of  any  State  be  elected  President,  he  shall  be  deemed  to  have

vacated his seat in that House on the date on which he enters upon his office as

President.

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

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

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

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

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

privileges as are specified in the Second Schedule.

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

diminished during his term of office.


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

diminished during his term of office.

60. Oath or affirmation by the President.—Every President and every

person  acting  as  President  or  discharging the  functions  of  the President  shall,

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

Justice of India or, in his absence, the senior-most Judge of the Supreme Court

available, an oath or affirmation in the following form, that is to say—

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

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

59

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

solemnly affirm

of President (or discharge the functions of the President) of India and will to the best

of my ability preserve,  protect  and  defend  the Constitution  and  the  law  and  that

I  will  devote  myself  to  the  service  and  well-being of  the  people  of  India.".

61.  Procedure  for  impeachment  of  the  President.—(1)  When  a

President is to be impeached for violation of the Constitution, the charge shall

be preferred by either House of Parliament.

(2) No such charge shall be preferred unless—

(a)  the  proposal  to  prefer  such  charge  is  contained  in  a  resolution


(2) No such charge shall be preferred unless—

(a)  the  proposal  to  prefer  such  charge  is  contained  in  a  resolution

which  has  been  moved  after  at  least  fourteen  days'  notice  in  writing

signed by not less than one-fourth of the total number of members of the

House has been given of their intention to move the resolution, and

(b)  such  resolution  has  been  passed  by  a  majority  of  not  less  than

two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament,

the  other  House  shall  investigate  the  charge  or  cause  the  charge  to  be

investigated  and  the  President  shall  have  the  right  to  appear  and  to  be

represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority

of not less than two-thirds of the total membership of the House by which the

charge was investigated or caused to be investigated, declaring that the charge

preferred  against  the  President  has  been  sustained,  such  resolution  shall  have

the effect of removing the President from his office as from the date on which

the resolution is so passed.

62. Time of holding election to fill vacancy in the office of President

and  the  term  of  office  of  person  elected  to  fill  casual  vacancy.—(1)  An

election  to  fill  a  vacancy  caused  by  the  expiration  of  the  term  of  office  of

President shall be completed before the expiration of the term.


President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of President occurring by

reason of his death, resignation or removal, or otherwise shall be held as soon

as  possible  after,    and  in  no  case  later  than  six  months  from,  the  date  of

occurrence  of  the  vacancy;  and  the  person  elected  to  fill  the  vacancy  shall,

subject to the provisions of article 56, be entitled to hold office for the full term

of five years from the date on which he enters upon his office.

63. The Vice-President of India.—There shall be a Vice-President of India.

64.  The  Vice-President to  be  ex  officio  Chairman  of  the  Council  of

States.—The Vice-President shall be ex officio Chairman of the Council of the

States and shall not hold any other office of profit:

60

Provided  that  during  any  period  when  the  Vice-President  acts  as

President or discharges the functions of the President under article 65, he shall

not  perform the  duties  of  the  office  of  Chairman  of  the  Council  of  States  and

shall not be entitled to any salary or allowance payable to the Chairman of the

Council of States under article 97.

65.  The  Vice-President    to  act    as    President    or  to  discharge    his

functions during  casual  vacancies  in  the  office, or during  the  absence,

of  President.—(1) In the event of the occurrence of any vacancy in the office


functions during  casual  vacancies  in  the  office, or during  the  absence,

of  President.—(1) In the event of the occurrence of any vacancy in the office

of  the  President  by  reason  of  his death,  resignation  or  removal,  or  otherwise,

the  Vice-President  shall  act  as  President  until  the  date  on  which  a  new

President elected in accordance with the provisions of this Chapter to fill such

vacancy enters upon his office.

(2)  When  the  President  is  unable  to  discharge  his  functions  owing  to

absence,  illness  or  any  other  cause,  the  Vice-President  shall  discharge  his

functions until the date on which the President resumes his duties.

(3) The Vice-President shall, during, and in respect of, the period while

he  is  so  acting  as,  or  discharging  the  functions  of,  President,  have  all  the

powers  and  immunities  of  the  President  and  be  entitled  to  such  emoluments,

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

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

privileges as are specified in the Second Schedule.

66.  Election  of  Vice-President.—(1)  The  Vice-President  shall  be

elected by the 1[members of an electoral college consisting of the members of

both  Houses  of  Parliament]  in  accordance  with  the  system  of  proportional


elected by the 1[members of an electoral college consisting of the members of

both  Houses  of  Parliament]  in  accordance  with  the  system  of  proportional

representation  by  means  of  the  single transferable  vote and the  voting  at  such

election shall be by secret ballot.

(2)  The  Vice-President  shall  not  be  a  member  of  either  House  of

Parliament  or  of  a  House  of  the  Legislature  of  any  State,  and  if a  member  of

either  House  of  Parliament  or  of  a  House  of  the  Legislature  of  any  State  be

elected  Vice-President,  he  shall  be  deemed  to  have  vacated  his  seat  in  that

House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he—

(a) is a citizen of India;

(b) has completed the age of thirty-five years; and

1.  Subs.  by  the  Constitution  (Eleventh  Amendment)  Act,  1961,  s.  2,  for  "members  of  both

Houses of Parliament assembled at a joint meeting" (w.e.f. 19-12-1961).

61

(c) is qualified for election as a member of the Council of States.

(4)  A  person  shall  not  be  eligible  for  election  as  Vice-President  if  he

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

any State or under any local or other authority subject to the control of any of

the said Governments.


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

any State or under any local or other authority subject to the control of any of

the said Governments.

Explanation.—For  the  purposes  of  this  article,  a  person  shall  not  be

deemed to  hold any  office  of  profit  by  reason  only  that he is  the President  or

Vice-President of the Union or the Governor 1*** of any State or is a Minister

either for the Union or for any State.

67.  Term  of  office  of  Vice-President.—The  Vice-President shall  hold

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

Provided that—

(a) a Vice-President may, by writing under his hand addressed to the

President, resign his office;

(b) a Vice-President may be removed from his office by a resolution

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

the Council and agreed to by the House of the  People; but no resolution

for  the  purpose  of  this  clause  shall  be  moved  unless  at  least  fourteen

days' notice has been given of the intention to move the resolution;

(c) a Vice-President shall, notwithstanding the expiration of his term,

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

68.  Time  of  holding  election  to  fill  vacancy  in  the  office  of  Vice-

President and the term of office of person elected to fill casual vacancy.—

(1) An election to fill a vacancy caused by the expiration of the term of office

of Vice-President shall be completed before the expiration of the term.


(1) An election to fill a vacancy caused by the expiration of the term of office

of Vice-President shall be completed before the expiration of the term.

(2)  An  election  to  fill  a  vacancy  in  the  office  of  Vice-President

occurring by reason of his death, resignation or removal, or otherwise shall be

held  as  soon  as  possible  after  the  occurrence  of  the  vacancy,  and  the  person

elected  to  fill  the  vacancy  shall,  subject  to  the  provisions  of  article  67,  be

entitled to hold office for the full term of five years from the date on which he

enters upon his office.

69.  Oath  or  affirmation  by  the  Vice-President.—Every  Vice-

President shall, before entering upon his office, make and subscribe before the

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

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

62

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

affirmation in the following form, that is to say—

"I, A.B., do swear in the name of God that  I  will  bear   true  faith  and

solemnly affirm

allegiance to the Constitution of India as by law established and that I will faithfully

discharge the duty upon which I am about to enter.".

70.  Discharge  of  President's  functions  in  other  contingencies.—


discharge the duty upon which I am about to enter.".

70.  Discharge  of  President's  functions  in  other  contingencies.—

Parliament  may  make  such  provision  as  it  thinks  fit  for  the  discharge  of  the

functions of the President in any contingency not provided for in this Chapter.

1 [71.  Matters  relating  to,  or  connected  with,  the  election  of  a

President or Vice-President.—(1) All doubts and disputes arising out of or in

connection with the election of a President or Vice-President shall be inquired

into and decided by the Supreme Court whose decision shall be final.

(2) If the election of a person as President or Vice-President is declared

void by the Supreme Court, acts done by him in the exercise and performance

of  the  powers  and  duties  of  the  office  of  President  or  Vice-President,  as  the

case may be, on or before the date of the decision of the Supreme Court shall

not be invalidated by reason of that declaration.

(3) Subject to the provisions of this Constitution, Parliament may by law

regulate any matter relating to or connected with the election of a President or

Vice-President.

(4) The election of a person as President or Vice-President shall not be

called in question on the ground of the existence of any vacancy for whatever

reason among the members of the electoral college electing him.]

72. Power of President to grant pardons, etc., and to suspend, remit

or  commute  sentences  in  certain  cases.—(1)  The  President  shall  have  the

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


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

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

offence—

(a)  in  all  cases  where  the  punishment  or  sentence  is  by  a  Court

Martial;

1. Subs.  by the Constitution (Thirty-ninth  Amendment)  Act, 1975, s. 2 (w.e.f 10-8-1975) and

further  subs.  by

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

the  Constitution  (Forty-fourth  Amendment)  Act,  1978,  s.  10.

63

(b)  in  all  cases  where  the  punishment  or  sentence  is  for  an  offence

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

Union extends;

(c) in all cases where the sentence is a sentence of death.

(2)  Nothing  in  sub-clause  (a)    of  clause  (1)  shall  affect  the  power

conferred by law on any officer of the Armed Forces of the Union to suspend,

remit or commute a sentence passed by a Court Martial.

(3)  Nothing  in  sub-clause  (c)  of  clause  (1)  shall  affect  the  power  to

suspend, remit or commute a sentence of death exercisable by the Governor 1***

of a State under any law for the time being in force.

73.  Extent  of  executive  power  of  the  Union.—(1)  Subject  to  the


73.  Extent  of  executive  power  of  the  Union.—(1)  Subject  to  the

provisions of this Constitution, the executive power of the Union shall extend—

(a) to the matters with respect to which Parliament has power to make

laws; and

(b)  to  the  exercise  of  such  rights,  authority  and  jurisdiction  as  are

exercisable  by  the  Government  of  India  by  virtue  of  any  treaty  or

agreement:

Provided that the executive power referred to in sub-clause (a)  shall not,

save as expressly provided in this Constitution or in any law made by Parliament,

extend in any State 2*** to  matters  with respect to  which the  Legislature  of the

State has also power to make laws.

(2)  Until  otherwise  provided  by  Parliament,  a  State  and  any  officer  or

authority  of  a  State  may,  notwithstanding  anything  in  this  article,  continue  to

exercise in matters with respect to which Parliament has power to make laws for

that State such executive power  or  functions as the  State  or  officer  or authority

this

thereof  could  exercise

Constitution.

the  commencement  of

immediately  before

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

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

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


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

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

64

Council of Ministers

74. Council of Ministers to aid and advise President.—1[(1) There shall

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

the President  who  shall, in the exercise  of his  functions, act in accordance with

such advice:]

2[Provided  that  the  President  may  require  the  Council  of  Ministers  to

reconsider such advice, either generally or otherwise, and the President shall act

in accordance with the advice tendered after such reconsideration.]

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

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

75. Other provisions as to Ministers.—(1) The Prime Minister shall be

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

President on the advice of the Prime Minister.

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

Council  of  Ministers  shall  not  exceed  fifteen  per  cent.    of  the  total  number  of

members of the House of the People.

(1B)  A  member  of either House  of Parliament belonging to any  political

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

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


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

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

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

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

would  expire  or  where  he  contests  any  election  to  either  House  of  Parliament

before  the  expiry  of  such  period,  till  the  date  on  which  he  is  declared  elected,

whichever is earlier.]

(2) The Ministers shall hold office during the pleasure of the President.

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

of the People.

(4) Before a Minister enters upon his office, the President shall administer

to  him the  oaths  of  office  and  of secrecy according to the  forms set  out  for the

purpose in the Third Schedule.

1 .  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.13,  for  cl.  (1)

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

2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).

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

65


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

65

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

member of either House of Parliament shall at the expiration of that period cease

to be a Minister.

(6)  The salaries and allowances  of Ministers shall be such as Parliament

may  from  time  to  time  by  law  determine  and,  until  Parliament  so  determines,

shall be as specified in the Second Schedule.

The Attorney-General for India

76.  Attorney-General  for  India.—(1)  The  President  shall  appoint  a

person  who  is  qualified  to  be  appointed  a  Judge  of  the  Supreme  Court  to  be

Attorney-General for India.

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

Government of India upon such legal matters, and to perform such other duties

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

the President, and to discharge the functions conferred on him by or under this

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

(3)  In  the  performance  of  his  duties  the  Attorney-General  shall  have

right of audience in all courts in the territory of India.

(4)  The  Attorney-General  shall  hold  office  during  the  pleasure  of  the

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

Conduct of Government Business


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

Conduct of Government Business

77.  Conduct  of  business  of  the  Government  of  India.—(1)  All

executive action of the Government of  India shall be expressed to be taken in

the name of the President.

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

President shall be authenticated in such manner as may be specified in rules1 to

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

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

or instrument made or executed by the President.

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

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

Ministers of the said business.

2(4)      *

1.  See  notification  No.  S.O.  2297,  dated  the  3rd  November,  1958,  Gazette  of  India,

Extraordinary, Pt. II, Sec. 3 (ii),   p. 1315, as amended from time to time.

2 .  Cl.  (4)  was  ins.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.14

(w.e.f.  3-1-1977)  and  omitted  by  the  Constitution  (Forty-fourth  Amendment)

Act, 1978, s. 12 (w.e.f. 20-6-1979).

66

78. Duties of Prime Minister as respects the furnishing of information


Act, 1978, s. 12 (w.e.f. 20-6-1979).

66

78. Duties of Prime Minister as respects the furnishing of information

to the President, etc.—It shall be the duty of the Prime Minister—

(a)  to  communicate  to  the  President  all  decisions  of  the  Council  of

Ministers  relating  to  the  administration  of  the  affairs  of  the  Union  and

proposals for legislation;

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

affairs  of  the  Union  and  proposals  for  legislation  as  the  President  may

call for; and

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

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

Minister but which has not been considered by the Council.

CHAPTER II.—PARLIAMENT

General

79.  Constitution  of  Parliament.—There shall  be a  Parliament  for  the

Union  which  shall  consist  of  the  President  and  two  Houses  to  be  known

respectively as the Council of States and the House of the People.

80.  Composition  of  the  Council  of  States.—(1) 1[2*** The Council of

States] shall consist of—

(a) twelve members to be nominated by the President in accordance

with the provisions of clause (3); and

(b)  not  more  than  two  hundred  and  thirty-eight  representatives  of

the States 3[and of the Union territories].


(b)  not  more  than  two  hundred  and  thirty-eight  representatives  of

the States 3[and of the Union territories].

(2)  The  allocation  of  seats  in  the  Council  of  States  to  be  filled  by

representatives  of  the  States  3[and  of  the  Union  territories]  shall  be  in

accordance with the provisions in that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a)

of  clause  (1)  shall  consist  of  persons  having  special  knowledge  or  practical

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

Literature, science, art and social service.

1.  Subs.  by  the  Constitution  (Thirty-fifth  Amendment)  Act,  1974,  s.  3,  for  "The  Council  of

States" (w.e.f. 1-3-1975).

2. The words "Subject to the provisions of paragraph 4 of the Tenth Schedule," omitted by the

Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

3. Added by the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956).

67

(4) The representatives of each State 1*** in the Council of States shall

be elected by the elected members of the Legislative Assembly of the State in

accordance  with  the  system  of  proportional  representation  by  means  of  the

single transferable vote.


accordance  with  the  system  of  proportional  representation  by  means  of  the

single transferable vote.

(5) The representatives of the 2[Union territories] in the Council of States

shall be chosen in such manner as Parliament may by law prescribe.

3[81.  Composition  of  the  House  of  the  People.—(1) 4[Subject  to  the

provisions of article 331 5***], the House of the People shall consist of—

(a)  not  more  than  6[five  hundred  and  thirty  members]  chosen  by

direct election from territorial constituencies in the States, and

(b)  not  more  than  7 [twenty  members]  to  represent  the  Union

territories, chosen in such manner as Parliament may by law provide.

(2) For the purposes of sub-clause (a) of clause (1),—

(a) there shall be allotted to each State a number of seats in the House

of the People in such manner that the ratio between that number and the

population  of  the  State  is, so  far as  practicable, the same  for  all  States;

and

(b)  each  State  shall be  divided  into territorial  constituencies in  such

manner  that  the  ratio  between  the  population  of  each  constituency  and

the  number  of  seats  allotted  to  it  is,  so  far  as  practicable,  the  same

throughout the State:

8[Provided that the provisions of sub-clause (a) of this clause shall not be


throughout the State:

8[Provided that the provisions of sub-clause (a) of this clause shall not be

applicable  for the purpose  of  allotment  of  seats in  the  House  of the  People  to

any State so long as the population of that State does not exceed six millions.]

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

the Constitution (Seventh Amendment) Act, 1956, s. 3 (w.e.f. 1-11-1956).

2. Subs. by s. 3, ibid, for "States specified in Part C of First Schedule" (w.e.f. 1-11-1956).

3. Subs. by s. 4, ibid. for arts. 81 and 82 (w.e.f. 1-11-1956).

4. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 4, for "subject to the

provisions of article 331" (w.e.f. 1-3-1975).

5 .  The  words  and  figure  "and  paragraph  4  of  the  Tenth  Schedule"  omitted  by  the

Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

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

"five hundred and twenty-five members" (w.e.f. 30-5-1987).


"five hundred and twenty-five members" (w.e.f. 30-5-1987).

7.  Subs.  by  the  Constitution  (Thirty-first  Amendment)  Act,  1973,  s.  2,  for  "twenty-five

members" (w.e.f. 17-10-1973).

8. Ins. by s. 2, ibid. (w.e.f. 17-10-1973).

68

(3)  In  this article,  the expression “population”  means  the population  as

ascertained at the last preceding census of which the relevant figures have been

published.

1[Provided that the reference in this clause to the last preceding census of

which the relevant figures have been published shall, until the relevant figures for

the  first  census  taken  after  the  year  2 [2026]  have  been  published,  3 [be

construed,—

(i) for the purposes of sub-clause (a) of clause (2) and the proviso to

that clause, as a reference to the 1971 census; and

(ii) for the purposes of sub-clause (b) of clause (2) as a reference to

the 4[2001] census.]]

82.  Readjustment  after  each  census.—Upon the  completion  of  each

census, the allocation of seats in the House of the People to the States and the

division of each State into territorial constituencies shall be readjusted by such

authority and in such manner as Parliament may by law determine:

Provided  that  such  readjustment  shall  not  affect  representation  in  the

House of the People until the dissolution of the then existing House:


Provided  that  such  readjustment  shall  not  affect  representation  in  the

House of the People until the dissolution of the then existing House:

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

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

any  election  to  the  House  may  be  held  on  the  basis  of  the  territorial

constituencies existing before such readjustment:

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

after  the  year  6 [2026]  have  been  published,  it  shall  not  be  necessary  to

7[readjust—

1. Added by the Constitution  (Forty-second Amendment)  Act, 1976, s. 15 (w.e.f. 3-1-1977).

2.  Subs.  by  the  Constitution  (Eighty-fourth  Amendment)  Act,  2001,  s.  3,  for  "2000"

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

3.  Subs. by s.3,  ibid, for certain words (w.e.f. 21-2-2002).

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

(w.e.f. 22-6-2003).

5. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 16 (w.e.f. 3-1-1977).


5. Ins. by the Constitution  (Forty-second Amendment)  Act, 1976, s. 16 (w.e.f. 3-1-1977).

6.  Subs.  by  the  Constitution  (Eighty-fourth  Amendment)  Act,  2001,  s.  4,  for  "2000"

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

7. Subs. by s.4,  ibid., for certain words (w.e.f. 21-2-2002).

69

(i) the allocation of seats in the House of the People to the States as

readjusted on the basis of the 1971 census; and

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

readjusted on the basis of the 1[2001] census,

under this article.]]

83.  Duration  of  Houses  of  Parliament.—(1)  The  Council  of  States

shall  not  be  subject  to  dissolution,  but  as  nearly  as  possible  one-third  of  the

members  thereof  shall  retire  as  soon  as  may  be  on  the  expiration  of  every

second  year  in  accordance  with  the  provisions  made  in  that  behalf  by

Parliament by law.

(2) The House of the People, unless sooner dissolved, shall continue for

2[five years] from the date appointed for its first meeting and no longer and the

expiration  of  the  said  period  of   2[five  years]  shall  operate  as  a  dissolution  of

the House:

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


the House:

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

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

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

the Proclamation has ceased to operate.

84. Qualification for membership of Parliament.—A person shall not

be qualified to be chosen to fill a seat in Parliament unless he—

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

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

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

Schedule;]

(b) is, in the case of a seat in the Council of States, not less than thirty

years of age and, in the case of a seat in the House of the People, not less

than twenty-five years of age; and

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

behalf by or under any law made by Parliament.

1.  Subs.  by  the  Constitution  (Eighty-seventh  Amendment)  Act,  2003,  s.  3,  for  "1991"  (w.e.f.

22-6-2003).

2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 17, for "five years"  (w.e.f.

3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for

"six years" (w.e.f. 20-6-1979).


"six years" (w.e.f. 20-6-1979).

3. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl.(a)              (w.e.f. 5-10-

1963).

70

1[85.  Sessions  of  Parliament,  prorogation  and  dissolution.—(1)  The

President shall from time to time summon each House of Parliament to meet at

such time and place as he thinks fit, but six months shall not intervene between

its  last  sitting  in  one  session  and  the  date  appointed  for  its  first  sitting  in  the

next session.

(2) The President may from time to time—

(a) prorogue the Houses or either House;

(b) dissolve the House of the People.]

86. Right of President to address and send messages to Houses.—(1)

The  President  may  address  either  House  of  Parliament  or  both  Houses

assembled together, and for that purpose require the attendance of members.

(2)  The  President  may  send  messages  to  either  House  of  Parliament,

whether  with respect to  a  Bill  then  pending in  Parliament  or  otherwise, and  a

House  to  which  any  message  is  so  sent  shall  with  all  convenient  despatch

consider any matter required by the message to be taken into consideration.

87.  Special  address  by  the  President.—(1)  At  the  commencement  of

2[the first session after each general election to  the House of the People and at

the commencement of the first session of each year] the President shall address


2[the first session after each general election to  the House of the People and at

the commencement of the first session of each year] the President shall address

both  Houses  of  Parliament  assembled  together  and  inform  Parliament  of  the

causes of its summons.

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

either House for the allotment of time for discussion of the matters referred to

in such address 3***.

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

Every Minister and the Attorney-General of India shall have the right to speak

in,  and  otherwise  to  take  part  in  the  proceedings  of,  either  House,  any  joint

sitting  of  the  Houses,  and  any  committee  of  Parliament  of  which  he  may  be

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

1 .  Subs.  by  the  Constitution  (First  Amendment)  Act,  1951,  s.  6,  for  art.  85

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

2.  Subs.  by  the  Constitution  (First  Amendment)  Act,  1951,  s.  7,  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. 7, ibid. (w.e.f. 18-6-1951).

71

Officers of Parliament

89. The Chairman and Deputy Chairman of the Council of States.—(1)


71

Officers of Parliament

89. The Chairman and Deputy Chairman of the Council of States.—(1)

The Vice- President of India shall be ex officio Chairman of the Council of States.

(2) The Council of States shall, as soon as may be, choose a member of

the  Council  to  be  Deputy  Chairman  thereof  and,  so  often  as  the  office  of

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

be Deputy Chairman thereof.

90.  Vacation  and  resignation  of,  and  removal  from,  the  office  of

Deputy  Chairman.—A  member  holding  office  as  Deputy  Chairman  of  the

Council of States—

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

(b)  may  at  any  time,  by  writing  under  his  hand  addressed  to  the

Chairman, resign his office; and

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

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

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

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

resolution.

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

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

Chairman is vacant, or during any period when the Vice-President is acting as,


Chairman is vacant, or during any period when the Vice-President is acting as,

or  discharging  the  functions  of,  President,  the  duties  of  the  office  shall  be

performed  by  the  Deputy  Chairman,  or,  if  the  office  of  Deputy  Chairman  is

also  vacant,  by  such  member  of  the  Council  of  States  as  the  President  may

appoint for the purpose.

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

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

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

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

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

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

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

Vice-President  from  his  office  is under  consideration,  the  Chairman,  or  while

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

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

and  the  provisions  of  clause  (2)  of  article  91  shall  apply  in  relation  to  every

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


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.

72

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

part  in  the  proceedings  of,  the  Council  of  States  while  any  resolution  for  the

removal  of  the  Vice-President  from  his  office  is  under  consideration  in  the

Council,  but,  notwithstanding  anything  in  article  100,  shall  not  be  entitled  to

vote at all on such resolution or on any other matter during such proceedings.

93. The Speaker and Deputy Speaker of the House of the People.—

The House of the People shall, as soon as may be, choose two members of the

House to be respectively Speaker and Deputy Speaker thereof and, so often as

the  office  of  Speaker  or  Deputy  Speaker  becomes  vacant,  the  House  shall

choose another member to be Speaker or Deputy Speaker, as the case may be.

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

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

Deputy Speaker of the House of the People—

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

the People;

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

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

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


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

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

the People passed by a majority of all the then members of the House:

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

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

resolution:

Provided further that, whenever the House of the People is dissolved, the

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

the House of the People after the dissolution.

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

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

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

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

the People as the President may appoint for the purpose.

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

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

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

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

73

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

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

sitting of the House of the People, while any resolution for the removal of the


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

sitting of the House of the People, while any resolution for the removal of the

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

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

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

the  provisions  of  clause (2)  of  article  95  shall apply  in relation to  every  such

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

case may be, the Deputy Speaker, is absent.

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

part in the proceedings of, the House of the People while any resolution for his

the  House  and  shall,

removal  from  office  is  under  consideration  in

notwithstanding  anything  in  article  100,  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.

97. Salaries  and  allowances  of  the  Chairman  and  Deputy  Chairman

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

and  the  Deputy  Chairman  of  the  Council  of  States,  and  to  the  Speaker  and  the

Deputy Speaker of the House of the People, such salaries and allowances as may

be respectively fixed by Parliament by law and, until provision in that behalf is so


Deputy Speaker of the House of the People, such salaries and allowances as may

be respectively fixed by Parliament by law and, until provision in that behalf is so

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

98. Secretariat  of  Parliament.—(1) Each  House  of  Parliament  shall

have a separate secretarial staff:

Provided that nothing in this clause shall be construed as preventing the

creation of posts common to both Houses of Parliament.

(2) Parliament  may  by  law  regulate the  recruitment,  and  the  conditions

of  service  of  persons  appointed,  to  the  secretarial  staff  of  either  House  of

Parliament.

(3) Until provision is made by Parliament under clause (2), the President

may,  after  consultation  with  the  Speaker  of  the  House  of  the  People  or  the

Chairman  of  the  Council  of  States, as the  case  may  be,  make rules regulating

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

secretarial staff  of  the  House  of  the  People  or the  Council  of  States,  and  any

rules so made shall have effect subject to the provisions of any law made under

the said clause.

74

Conduct of Business

99. Oath or affirmation by members.—Every member of either House

of  Parliament  shall,  before  taking  his  seat,  make  and  subscribe  before  the

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


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.

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

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

all questions at any sitting of either House or joint sitting of the Houses shall be

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

than the Speaker or person acting as Chairman or Speaker.

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

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

equality of votes.

(2) Either  House  of  Parliament  shall  have  power  to  act  notwithstanding

any vacancy in the membership thereof, and any proceedings in Parliament shall

be valid notwithstanding that it is discovered subsequently that some person who

was not entitled so to do sat or voted or otherwise took part in the proceedings.

1 [(3) Until  Parliament  by  law  otherwise  provides,  the  quorum  to

constitute  a  meeting  of  either  House  of  Parliament  shall  be  one-tenth  of  the

total number of members of the House.

(4) If at any time during a meeting of a House there is no quorum, it shall

be  the  duty  of  the  Chairman  or  Speaker,  or  person  acting  as  such,  either  to

adjourn the House or to suspend the meeting until there is a quorum.]


adjourn the House or to suspend the meeting until there is a quorum.]

Disqualifications of Members

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

Houses of Parliament and provision shall be made by Parliament by law for the

vacation by a person who is chosen a member of both Houses of his seat in one

House or the other.

1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1973, s. 18 (date not

notified). This amendment was omitted by the  Constitution (Forty-fourth Amendment) Act, 1978,

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

75

(2) No person shall be a member both of Parliament and of a House of

the  Legislature  of  a  State 1***,  and  if  a  person  is  chosen  a  member  both  of

Parliament  and  of  a  House  of  the  Legislature  of  2 [a  State],  then,  at  the

expiration of such period as may be specified in rules made by the President,

that person’s seat in Parliament shall  become vacant, unless he has previously

resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament—

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

3[clause (1) or clause (2) of article 102], or

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


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

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

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

his seat shall thereupon become vacant:

5[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 Chairman or the Speaker, 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 either House of Parliament

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.

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

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

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

 See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of


 See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of

Law,  notification  No.  F.  46/50-C,  dated  the  26th  January,  1950,  Gazette  of  India,

Extraordinary, P. 678.

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

article 102" (w.e.f. 1-3-1985).

4. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974).

5. Ins. by s.2, ibid. (w.e.f. 19-5-1974).

76

102. Disqualifications

for  membership.—(1) A  person  shall  be

disqualified  for  being  chosen as,  and  for  being,  a  member  of  either  House  of

Parliament—

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

or  the  Government  of  any  State,  other  than  an  office  declared  by

Parliament by law not to disqualify its holder;]

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

court;

(c) if he is an undischarged insolvent;

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


(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  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 either House

of Parliament if he is so disqualified under the Tenth Schedule.]

4[103. Decision  on  questions  as  to  disqualifications  of  members.—

(1) If any question arises as to whether a member of either House of Parliament

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

article 102, the question shall be referred for the decision of the President and

his decision shall be final.

1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  19  to  read  as  "(a)  if  he

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


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

State  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.  3,  for  "(2)  for  the

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

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

4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103 (w.e.f. 3-

1-1977) and further subs. by the Constitution (Forty-fourth Amendment)     Act, 1978, s. 14,

for art. 103 (w.e.f. 20-6-1979).

77

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

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

opinion.]

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

under  article  99  or  when  not  qualified  or  when  disqualified.—If  a  person

sits or votes as a member of either House of Parliament before he has complied


sits or votes as a member of either House of Parliament before he has complied

with the requirements of article 99, or when he knows that he is not qualified or

that he is disqualified for membership thereof, or that he is prohibited from so

doing  by  the provisions  of  any  law  made by  Parliament,  he  shall  be liable in

respect  of  each  day  on  which  he so  sits  or  votes to  a  penalty  of  five  hundred

rupees to be recovered as a debt due to the Union.

Powers, Privileges and Immunities of Parliament and its Members

105. Powers, privileges, etc., of the Houses of Parliament and of the

members  and  committees  thereof.—(1) Subject  to  the  provisions  of  this

Constitution  and  to  the  rules  and  standing  orders  regulating  the  procedure  of

Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in

respect  of  anything said  or any  vote  given by  him in  Parliament  or any  committee

thereof, and no person shall be so liable in respect of the publication by or under the

authority of either House of Parliament of any report, paper, votes or proceedings.

1[(3)  In  other  respects,  the  powers,  privileges  and  immunities  of  each

House  of  Parliament, and  of the  members and the  committees  of each  House,

shall be such as may from time to time be defined by Parliament by law, and,

until  so  defined,  2 [shall  be  those  of  that  House  and  of  its  members  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  15  of  the

Constitution (Forty-fourth Amendment) Act, 1978.]].

1.  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  21  (date  to  be

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  (Forty-fourth  Amendment)  Act,  1978,  s.  15,  for  certain

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

78

(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  Parliament  or  any

committee thereof as they apply in relation to members of Parliament.

106. Salaries and allowances of members.—Members of either House

of Parliament shall be entitled to receive such salaries and allowances as may

from time to time be determined by Parliament by law and, until provision in

that  respect is so  made, allowances  at such  rates  and  upon  such  conditions as


from time to time be determined by Parliament by law and, until provision in

that  respect is so  made, allowances  at such  rates  and  upon  such  conditions as

were immediately before the commencement of this Constitution applicable in

the case of members of the Constituent Assembly of the Dominion of India.

Legislative Procedure

107. Provisions  as  to  introduction  and  passing  of  Bills.—(1) Subject

to the provisions of articles 109 and 117 with respect to Money Bills and other

financial Bills, a Bill may originate in either House of Parliament.

(2) Subject to the provisions of articles 108 and 109, a Bill shall not be

deemed  to  have  been  passed  by  the  Houses  of  Parliament  unless  it  has  been

agreed to by both Houses, either without amendment or with such amendments

only as are agreed to by both Houses.

(3)  A  Bill  pending  in  Parliament  shall  not  lapse  by  reason  of  the

prorogation of the Houses.

(4) A Bill pending in the Council of States which has not been passed by

the  House  of  the  People  shall  not  lapse  on  a  dissolution  of  the  House  of  the

People.

(5) A Bill which is pending in the House of the People, or which having

been  passed  by  the  House  of  the  People  is  pending  in  the  Council  of  States,

shall,  subject  to  the  provisions  of  article  108,  lapse  on  a  dissolution  of  the

House of the People.


shall,  subject  to  the  provisions  of  article  108,  lapse  on  a  dissolution  of  the

House of the People.

108. Joint sitting  of  both Houses  in  certain  cases.—(1) If after a Bill

has been passed by one House and transmitted to the other House—

(a) the Bill is rejected by the other House; or

(b) the  Houses  have  finally  disagreed  as  to  the  amendments  to  be

made in the Bill; or

(c) more than six months elapse from the date of the reception of the

Bill by the other House without the Bill being passed by it,

79

the President may, unless the Bill has elapsed by reason of a dissolution of the

House of the People, notify to the Houses by message if they are sitting or by

public notification if they are not sitting, his intention to summon them to meet

in a joint sitting for the purpose of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2) In reckoning any such period of six months as is referred to in clause

(1), no account shall be taken of any period during which the House referred to

in  sub-clause  (c)  of  that  clause  is  prorogued  or  adjourned  for  more  than  four

consecutive days.

(3)  Where  the  President  has  under  clause  (1)  notified  his  intention  of

summoning  the  Houses  to  meet  in  a  joint  sitting,  neither  House  shall  proceed


summoning  the  Houses  to  meet  in  a  joint  sitting,  neither  House  shall  proceed

further  with  the  Bill,  but  the  President  may  at  any  time  after  the  date  of  his

notification summon the Houses to meet in a joint sitting for the purpose specified

in the notification and, if he does so, the Houses shall meet accordingly.

(4) If at the joint sitting of the two Houses the Bill, with such amendments,

if any, as are agreed to in joint sitting, is passed by a majority of the total number

of  members  of  both  Houses  present  and  voting,  it  shall  be  deemed  for  the

purposes of this Constitution to have been passed by both Houses:

Provided that at a joint sitting—

(a) if the Bill, having been passed by one House, has not been passed

by the other House with amendments and returned to the House in which

it originated, no amendment shall be proposed to the Bill other than such

amendments (if any) as are made necessary by the delay in the passage

of the Bill;

(b) if the Bill has been so passed and returned, only such amendments as

aforesaid  shall  be  proposed  to  the  Bill  and  such  other  amendments  as  are

relevant to the matters with respect to which the Houses  have not agreed;

and the decision of the person presiding as to the amendments which are admissible

under this clause shall be final.

(5)  A  joint  sitting  may  be  held  under  this  article  and  a  Bill  passed

thereat,  notwithstanding  that  a  dissolution  of  the  House  of  the  People  has


thereat,  notwithstanding  that  a  dissolution  of  the  House  of  the  People  has

intervened  since the  President  notified his  intention to summon the  Houses to

meet therein.

109. Special procedure in respect of Money Bills.—(1) A Money Bill

shall not be introduced in the Council of States.

80

(2)  After  a  Money  Bill  has  been  passed  by  the  House  of  the  People  it

shall be transmitted  to the  Council  of  States  for  its recommendations  and the

Council  of  States  shall  within  a  period  of  fourteen  days  from  the  date  of  its

receipt  of  the  Bill  return  the  Bill  to  the  House  of  the  People  with  its

recommendations and the House of the People may thereupon either accept or

reject all or any of the recommendations of the Council of States.

(3) If the House of the People accepts any of the recommendations of the

Council of States, the Money Bill shall be deemed to have been passed by both

Houses  with  the  amendments  recommended  by  the  Council  of  States  and

accepted by the House of the People.

(4)  If

the  House  of

the  People  does  not  accept  any  of

the

recommendations of the Council of States, the Money Bill shall be deemed to

have  been  passed  by  both  Houses  in  the  form  in  which  it  was  passed  by  the

House  of  the  People  without  any  of  the  amendments  recommended  by  the

Council of States.


House  of  the  People  without  any  of  the  amendments  recommended  by  the

Council of States.

(5) If a Money Bill passed by the House of the People and transmitted to

the  Council  of  States  for its  recommendations is  not returned to the  House  of

the People 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 House of the People.

110. Definition  of  “Money  Bills”.—(1)  For  the  purposes  of  this

Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions

dealing with all or any of the following matters, namely:—

(a) the imposition, abolition, remission, alteration or regulation of any

tax;

(b)  the  regulation  of  the  borrowing  of  money  or  the  giving  of  any

guarantee by the Government of India, or the amendment of the law with

respect  to  any  financial  obligations  undertaken  or  to  be  undertaken  by

the Government of India;

(c) the custody of the Consolidated Fund or the Contingency Fund of

India, the payment of moneys into or the withdrawal of moneys from any

such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of India;

(e) the declaring of any expenditure to be expenditure charged on the

Consolidated Fund of India or the increasing of the  amount of any such

expenditure;

81

(f) the receipt of money on account of the Consolidated Fund of India

or the public account of  India or the custody or issue of such money or


expenditure;

81

(f) the receipt of money on account of the Consolidated Fund of India

or the public account of  India or the custody or issue of such money or

the audit of the accounts of the Union or of a State; 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  is  a  Money  Bill  or  not,  the

decision of the Speaker of the House of the People thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted

to  the  Council  of  States  under  article  109,  and  when  it  is  presented  to  the

President  for  assent  under  article  111,  the  certificate  of  the  Speaker  of  the

House of the People signed by him that it is a Money Bill.

111. Assent  to  Bills.—When  a  Bill  has  been  passed  by  the  Houses  of

Parliament, it shall be presented to the President, and the President shall declare


Parliament, it shall be presented to the President, and the President shall declare

either that he assents to the Bill, or that he withholds assent therefrom:

Provided  that  the  President  may,  as  soon  as  possible  after  the

presentation to him of a Bill for assent, return the Bill if it is not a Money Bill

to  the  Houses  with  a  message  requesting  that  they  will reconsider  the  Bill  or

any specified provisions thereof and, in particular, will consider the desirability

of  introducing  any  such  amendments  as  he  may  recommend  in  his  message,

and when a Bill is so returned, the Houses shall reconsider the Bill accordingly,

and if the Bill is passed again by the Houses with or without amendment and

presented  to  the  President  for  assent,  the  President  shall  not  withhold  assent

therefrom.

Procedure in Financial Matters

112. Annual financial statement.—(1) The President shall in respect of

every  financial  year  cause  to  be  laid  before  both  the  Houses  of  Parliament  a

statement of the estimated receipts and expenditure of the Government of India

for that year, in this Part referred to as the "annual financial statement''.

(2)  The  estimates  of  expenditure  embodied  in  the  annual  financial

statement shall show separately—

82

(a)  the  sums  required  to  meet  expenditure  described  by  this

Constitution  as  expenditure  charged  upon  the  Consolidated  Fund  of

India; and

(b)  the  sums  required  to  meet  other  expenditure  proposed  to  be


India; and

(b)  the  sums  required  to  meet  other  expenditure  proposed  to  be

made from the Consolidated Fund of India,

and shall distinguish expenditure on revenue account from other expenditure.

(3)  The  following  expenditure  shall  be  expenditure  charged  on  the

Consolidated Fund of  India—

(a)  the  emoluments  and  allowances  of  the  President  and  other

expenditure relating to his office;

(b)  the  salaries  and  allowances  of  the  Chairman  and  the  Deputy

Chairman  of  the  Council  of  States  and  the  Speaker  and  the  Deputy

Speaker of the House of the People;

(c)  debt  charges  for  which  the  Government  of  India  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)  (i)  the  salaries,  allowances  and  pensions  payable  to  or  in

respect of Judges of the Supreme Court;

(ii)  the  pensions  payable  to  or  in  respect  of  Judges  of  the  Federal

Court;

(iii) the  pensions  payable  to  or in  respect  of  Judges  of  any  High

Court which exercises jurisdiction in relation to any area included in the

territory of India or which at any time before the commencement of this

Constitution  exercised  jurisdiction  in  relation  to  any  area  included  in

1[a Governor's Province of the Dominion of India];


Constitution  exercised  jurisdiction  in  relation  to  any  area  included  in

1[a Governor's Province of the Dominion of India];

(e) the salary, allowances and pension payable to or in respect of

the Comptroller and Auditor-General of India;

(f) any sums required to satisfy any judgment, decree or award of

any court or arbitral tribunal;

(g)  any  other  expenditure  declared  by  this  Constitution  or  by

Parliament by law to be so charged.

113. Procedure  in  Parliament  with  respect  to  estimates.—(1)  So

much of the estimates as relates to expenditure charged upon the Consolidated

Fund of India shall not be submitted to the vote of Parliament, but nothing in

this  clause  shall  be  construed  as  preventing  the  discussion in  either  House  of

Parliament of any of those estimates.

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

"a  Province  corresponding  to  a  State  specified  in  Part  A  of  the  First  Schedule"

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

83

(2) So much of the said estimates as relates to other expenditure shall be

submitted in the form of demands for grants to the House of the People, and the

House  of the People shall  have  power to assent,  or to refuse to assent, to any

demand,  or  to  assent  to  any  demand  subject  to  a  reduction  of  the  amount

specified therein.

(3) No demand for a grant shall be made except on the recommendation

of the President.


specified therein.

(3) No demand for a grant shall be made except on the recommendation

of the President.

114. Appropriation Bills.—(1) As soon as may be after the grants under

article  113  have  been  made  by  the  House  of  the  People,  there  shall  be

introduced a Bill to provide for the appropriation out of the Consolidated Fund

of India of all moneys required to meet—

(a) the grants so made by the House of the People; and

(b) the  expenditure  charged  on  the  Consolidated  Fund  of  India  but

not exceeding in any case the amount shown in the statement previously

laid before Parliament.

(2) No amendment shall be proposed to any such Bill in either House of

Parliament  which  will  have  the  effect  of  varying  the  amount  or  altering  the

destination of any grant so made or of varying the amount of any expenditure

charged  on  the  Consolidated  Fund  of  India,  and  the  decision  of  the  person

presiding as to whether an amendment is inadmissible under this clause shall be

final.

(3) Subject to the provisions of articles 115 and 116, no money shall be

withdrawn  from  the  Consolidated  Fund  of  India  except  under  appropriation

made by law passed in accordance with the provisions of this article.

115. Supplementary,  additional  or  excess  grants.—(1)  The  President

shall—

(a) if the amount authorised by any law made in accordance with the

provisions  of  article  114 to  be  expended  for  a  particular  service  for  the


provisions  of  article  114 to  be  expended  for  a  particular  service  for  the

current financial year is found to be insufficient for the purposes of that

year  or  when  a  need  has  arisen  during  the  current  financial  year  for

supplementary  or  additional  expenditure  upon  some  new  service  not

contemplated in the annual financial statement for that year, or

(b)  if any  money  has  been spent  on  any  service  during  a  financial

year in excess of the amount granted for that service and for that year,

cause  to  be  laid  before  both  the  Houses  of  Parliament  another  statement

showing the estimated amount of that expenditure or cause to be presented to

the House of the People a demand for such excess, as the case  may be.

84

(2)  The  provisions  of  articles  112,  113  and  114  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 India 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 India to meet such expenditure or grant.

116. Votes  on  account,  votes  of

credit  and

exceptional


Fund of India to meet such expenditure or grant.

116. Votes  on  account,  votes  of

credit  and

exceptional

grants.—(1) Notwithstanding  anything  in  the  foregoing  provisions  of  this

Chapter, the House of the People shall have power—

(a)  to  make  any  grant  in  advance  in  respect  of  the  estimated

expenditure  for  a  part  of  any  financial  year  pending  the  completion  of

the procedure prescribed in article 113 for the voting of such grant and

the passing of the law in accordance with the provisions of article 114 in

relation to that expenditure;

(b)  to  make  a  grant  for  meeting  an  unexpected  demand  upon  the

resources  of  India  when  on  account  of  the  magnitude  or  the  indefinite

character  of  the  service  the  demand  cannot  be  stated  with  the  details

ordinarily given in an annual financial statement;

(c) to  make an  exceptional  grant  which  forms  no part  of the  current

service of any financial year,

and Parliament shall have power to authorise by law the withdrawal of moneys from

the Consolidated Fund of India for the purposes for which the said grants are made.

(2) The provisions of articles 113 and 114 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 India to meet such expenditure.


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 India to meet such expenditure.

117. Special provisions as to financial Bills.—(1) A Bill or amendment

making  provision  for  any  of  the  matters  specified  in  sub-clauses  (a)  to  (f)  of

clause  (1)  of  article  110  shall  not  be  introduced  or  moved  except  on  the

recommendation of the President and a Bill making such provision shall not be

introduced in the Council of States:

Provided that no recommendation shall be required under this clause for

the moving of an amendment making provision for the reduction or abolition of

any tax.

85

(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 India shall not be passed by either

House  of  Parliament  unless the President  has recommended  to  that  House the

consideration of the Bill.

Procedure Generally


House  of  Parliament  unless the President  has recommended  to  that  House the

consideration of the Bill.

Procedure Generally

118. Rules  of  procedure.—(1)  Each  House  of  Parliament  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 of the Dominion of India shall have

effect in relation to Parliament subject to such modifications and adaptations as

may be made therein by the Chairman of the Council of States or the Speaker

of the House of the People, as the case may be.

(3) The President, after consultation with the Chairman of the Council of

States  and the  Speaker  of  the  House  of  the  People,  may  make  rules as to  the

procedure  with  respect  to  joint  sittings  of,  and  communications  between,  the

two Houses.

(4) At a joint sitting of the two Houses the Speaker of the House of the

People,  or  in  his  absence  such  person  as  may  be  determined  by  rules  of

procedure made under clause (3), shall preside.

119. Regulation  by  law  of  procedure  in  Parliament  in  relation  to

financial business.— Parliament may, for the purpose of the timely completion

of  financial  business,  regulate  by  law  the  procedure  of,  and  the  conduct  of


of  financial  business,  regulate  by  law  the  procedure  of,  and  the  conduct  of

business in, each House of Parliament in relation to any financial matter or to

any Bill for the appropriation of moneys out of the Consolidated Fund of India,

and, if and so far as any provision of any law so made is inconsistent with any

rule made by a House of Parliament under clause (1) of article 118 or with any

rule or standing order having effect in relation to Parliament under clause (2) of

that article, such provision shall prevail.

 The brackets and  words  "(including the quorum to  constitute a meeting  of the House"

ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 22 (date not notified).

This  amendment  was  omitted  by  the  Constitution  (Forty-fourth  Amendment)  Act,

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

86

120. Language  to  be  used  in  Parliament.—(1)  Notwithstanding

anything in  Part XVII, but subject to the provisions of article 348, business in

Parliament shall be transacted in Hindi or in English:

Provided  that  the  Chairman  of  the  Council  of  States  or  Speaker  of  the

House of the People, or person acting as such, as the case may be, may permit

any member who cannot adequately express himself in Hindi or in English to

address the House in his mother-tongue.

(2) Unless Parliament by law otherwise provides, this article shall, after

the  expiration  of  a  period  of  fifteen  years  from  the  commencement  of  this


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.

121. Restriction  on  discussion  in  Parliament.—No  discussion  shall

take  place  in  Parliament  with  respect  to  the  conduct  of  any  Judge  of  the

Supreme Court or of a High Court in the discharge of his duties except upon a

motion for presenting an address to the President praying for the removal of the

Judge as hereinafter provided.

122. Courts not to inquire into proceedings of Parliament.—(1) The

validity of any proceedings in Parliament shall not be called in question on the

ground of any alleged irregularity of procedure.

(2) No officer or member of Parliament in whom powers are vested by

or under this Constitution for regulating procedure or the conduct of business,

or for maintaining order, in Parliament shall be subject to the jurisdiction of any

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

CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT

123. Power of President to promulgate Ordinances during recess of

Parliament.—(1) If at any time, except when both Houses of Parliament are in

session,  the  President  is  satisfied  that  circumstances  exist  which  render  it

necessary  for  him  to  take  immediate  action,  he  may  promulgate  such

Ordinances as the circumstances appear to him to require.

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

force and effect as an Act of Parliament, but every such Ordinance—


force and effect as an Act of Parliament, but every such Ordinance—

(a) shall be laid before both Houses of Parliament and shall cease to

operate at the expiration of six weeks from the reassembly of Parliament,

or, if before the expiration of that period resolutions disapproving it are

passed  by  both  Houses,  upon  the  passing  of  the  second  of  those

resolutions; and

87

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

Explanation.—Where  the  Houses  of  Parliament  are  summoned  to

reassemble on  different dates, the period of six weeks shall be reckoned from

the later of those dates for the purposes of this clause.

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

which  Parliament  would  not  under this  Constitution be  competent  to  enact,  it

shall be void.

1(4)*                       *                        *                      *                *

CHAPTER IV.—THE UNION JUDICIARY

124. Establishment  and  constitution  of  Supreme  Court.—(1)  There

shall be a  Supreme  Court  of  India  consisting  of  a  Chief  Justice  of  India  and,

until Parliament by law prescribes a larger number, of not more than  [seven]

other Judges.

(2)  Every  Judge  of  the  Supreme  Court  shall  be  appointed  by  the

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

National  Judicial  Appointments  Commission  referred  to  in  article  124A]  and

shall hold office until he attains the age of sixty-five years:

3[*

4[Provided that]—


shall hold office until he attains the age of sixty-five years:

3[*

4[Provided that]—

]

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

President, resign his office;

provided in clause (4).

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

1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and

omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).

 Now “thirty-three” vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of  2019),

s. 2  (w.e.f. 9-8-2019).

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

such of the Judges of the Supreme Court and of the High Court in the  States as the President may

deem necessary for the purpose" (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. The first proviso was omitted by s. 2, ibid. The proviso was as under:—

"Provided that in the  case of  appointment of a  Judge  other than the Chief Justice, the Chief


"Provided that in the  case of  appointment of a  Judge  other than the Chief Justice, the Chief

Justice of India shall  always  be  consulted:" (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.

4.  Subs.  by  s.  2,  ibid.  for  "provided  further  that"  (w.e.f.13.4.2015).This  amendment  has  been  struck

down by the Supreme Court in the Supreme Court Advocates-on-Record Association and another Vs

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

88

1[(2A) The age of a Judge of the Supreme Court shall be determined by

such authority and in such manner as Parliament may by law provide.]

(3)  A  person  shall  not  be  qualified  for  appointment  as  a  Judge  of  the

Supreme Court unless he is a citizen of India and—

(a) has been for at least five years  a Judge of a High Court or of

two or more such Courts in succession; or

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

of two or more such Courts in succession; or

(c) is, in the opinion of the President, a distinguished jurist.

Explanation I.—In this clause "High Court'' means a High Court which

exercises, or which at any time before the commencement of this Constitution

exercised, jurisdiction in any part of the territory of India.


exercises, or which at any time before the commencement of this Constitution

exercised, jurisdiction in any part of the territory of India.

Explanation II.—In computing for the purpose of this clause the period

during which a person has been an advocate, any period during which a person

has held judicial office not inferior to that of a district judge after he became an

advocate shall be included.

(4) A Judge of the Supreme Court shall not be removed from his office

except  by  an  order  of  the President  passed  after  an address  by  each  House  of

Parliament supported by a majority of the total membership of that House and

by a majority of not less than two-thirds of the members of that House present

and  voting  has  been  presented  to  the  President  in  the  same  session  for  such

removal on the ground of proved misbehaviour or incapacity.

(5) Parliament may by law regulate the procedure for the presentation of

an address and for the investigation and proof of the misbehaviour or incapacity

of a Judge under clause (4).

(6)  Every  person  appointed  to  be  a  Judge  of  the  Supreme  Court  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.

(7) No person who has held office as a Judge of the Supreme Court shall

plead or act in any court or before any authority within the territory of India.

2 [124A.  National  Judicial  Appointments  Commission.—(1)  There


plead or act in any court or before any authority within the territory of India.

2 [124A.  National  Judicial  Appointments  Commission.—(1)  There

shall  be  a  Commission  to  be  known  as  the  National  Judicial  Appointments

Commission consisting of the following, namely:—

1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2  (w.e.f. 5-10-1963).

2. Ins. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 3  (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.

89

(a) the Chief Justice of India, Chairperson, ex officio;

(b)  two  other  senior  Judges  of  the  Supreme  Court  next  to  the

Chief Justice of India––Members, ex officio;

(c) the Union Minister in charge of Law and Justice––Member, ex

officio;

(d)  two  eminent  persons  to  be  nominated  by  the  committee

consisting  of  the  Prime  Minister,  the  Chief  Justice  of  India  and  the

Leader  of  Opposition  in  the  House  of  the  People  or  where  there  is  no

such Leader of Opposition, then, the Leader of single largest Opposition

Party in the House of the People––Members:

Provided that one of the eminent person shall be nominated from


such Leader of Opposition, then, the Leader of single largest Opposition

Party in the House of the People––Members:

Provided that one of the eminent person shall be nominated from

amongst  the  persons  belonging  to  the  Scheduled  Castes,  the Scheduled

Tribes, Other Backward Classes, Minorities or Women:

Provided further that an eminent person shall be nominated for a

period of three years and shall not  be eligible for renomination.

(2)  No  act  or  proceedings  of  the  National  Judicial  Appointments

Commission shall be questioned or be invalidated merely on the ground of the

existence of any vacancy or defect in the constitution of the Commission.

124B. Functions  of  Commission.––It shall be the duty of the National

Judicial Appointments Commission to—

(a) recommend persons for appointment as Chief Justice of India,

Judges  of  the  Supreme  Court,  Chief  Justices  of  High  Courts  and  other

Judges of High Courts;

(b) recommend transfer of Chief Justices and other Judges of High

Courts from one High Court to any other High Court; and

(c) ensure that the person recommended is of ability and integrity.

124C.  Power  of  Parliament  to  make  law.––Parliament  may,  by  law,

regulate the procedure for the appointment of Chief Justice of India and other

Judges  of  the  Supreme  Court  and  Chief  Justices  and  other  Judges  of  High

Courts and empower the Commission to lay down by regulations the procedure

for  the  discharge  of  its  functions,  the  manner  of  selection  of  persons  for

appointment and such other matters as may be considered necessary by it.]


for  the  discharge  of  its  functions,  the  manner  of  selection  of  persons  for

appointment and such other matters as may be considered necessary by it.]

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

of the Supreme Court such salaries as may be determined by Parliament by law

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

the Second Schedule.]

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

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

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

privileges, allowances and rights as are specified in the Second Schedule:

1 .  Subs.  by  the  Constitution  (Fifty-fourth  Amendment)  Act,  1986,  s.  2,  for  cl.  (1)

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

90

Provided that neither the privileges nor the allowances of a Judge nor his

rights  in  respect  of  leave  of  absence  or  pension  shall  be  varied  to  his

disadvantage after his appointment.

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

Justice of India is vacant or when the Chief Justice is, by reason of absence or

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

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

may appoint for the purpose.


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

may appoint for the purpose.

127.  Appointment  of  ad  hoc  Judges.—(1)  If  at  any  time there should

not  be  a  quorum  of  the  Judges  of  the  Supreme  Court  available  to  hold  or

continue  any  session  of  the  Court,  1 [the  National  Judicial  Appointments

Commission on a reference made to it by the Chief Justice of India, may with

the  previous  consent  of  the  President]  and  after  consultation  with  the  Chief

Justice  of  the  High  Court  concerned,  request  in  writing  the  attendance  at  the

sittings of the Court, as an ad hoc Judge, for such period as may be necessary,

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

Supreme Court to be designated by the Chief Justice of India.

(2)  It  shall  be  the  duty  of  the  Judge  who  has  been  so  designated,  in

priority to other duties of his office, to attend the sittings of the Supreme Court

at the time and for the period for which his attendance is required, and while so

attending  he  shall  have  all  the  jurisdiction,  powers  and  privileges,  and  shall

discharge the duties, of a Judge of the Supreme Court.

128.  Attendance  of  retired  Judges  at  sittings  of  the  Supreme

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