THE CONSTITUTION OF INDIA

[As on 26th November, 2021]

PREFACE

This  is  the  fifth    pocket  size  edition  of  the  Constitution  of  India  in  the

diglot  form.  In  this  edition,  the  text  of  the  Constitution  of  India  has  been

brought  up-to-date  by  incorporating  therein  all  the  amendments  up  to  the

Constitution  (One  Hundred  and  Fifth  Amendment)  Act,  2021.  The  foot  notes

below  the  text  indicate  the  Constitution  Amendment  Acts  by  which  such

amendments have been made.

The  Constitution  (One  Hundredth  Amendments)  Act,  2015  containing

details  of  acquired  and  transferred  territories  between  the  Governments  of

India and Bangladesh has been provided in APPENDIX I.

The Constitution (Application to Jammu and Kashmir) Order, 2019 and

the  declaration  under  article  370(3)  of  the  Constitution  have  been  provided

respectively in Appendix II and Appendix III for reference.

New Delhi;

Dr. Reeta Vasishta,

Secretary to the Government of India.

2

THE CONSTITUTION OF INDIA

____________

PREAMBLE

CONTENTS

__________

PART I

THE UNION AND ITS TERRITORY

ARTICLES

Name and territory of the Union.

1.

2.

Admission or establishment of new States.

[2A.         Sikkim to be associated with the Union.—Omitted.]

3.

Formation of new States and alteration of areas, boundaries or

names of existing  States.


[2A.         Sikkim to be associated with the Union.—Omitted.]

3.

Formation of new States and alteration of areas, boundaries or

names of existing  States.

4.

5.

6.

7.

8.

Laws made under articles 2 and 3 to provide for the amendment of

the  First  and  the  Fourth  Schedules  and  supplemental,  incidental

and consequential matters.

PART II

CITIZENSHIP

Citizenship at the commencement of the Constitution.

Rights  of  citizenship  of  certain  persons  who  have  migrated  to

India from Pakistan.

Rights of citizenship of certain migrants to Pakistan.

Rights of citizenship of certain persons of Indian origin residing

outside India.

3

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

21A.

22.

23.

24.

25.

26.

27.

28.

Persons voluntarily acquiring citizenship of a foreign State not to

be citizens.

Continuance of the rights of citizenship.

Parliament to regulate the right of citizenship by law.

PART III

FUNDAMENTAL RIGHTS

General

Definition.

Laws inconsistent with or in derogation of the fundamental

rights.

Right to Equality

Equality before law.

Prohibition of discrimination on grounds of religion, race, caste,

sex or place of birth.

Equality of opportunity in matters of public employment.

Abolition of Untouchability.

Abolition of titles.

Right to Freedom

Protection of certain rights regarding freedom of speech, etc.

Protection in respect of conviction for offences.

Protection of life and personal liberty.

Right to education.


Right to Freedom

Protection of certain rights regarding freedom of speech, etc.

Protection in respect of conviction for offences.

Protection of life and personal liberty.

Right to education.

Protection against arrest and detention in certain cases.

Right against Exploitation

Prohibition of traffic in human beings and forced labour.

Prohibition of employment of children in factories, etc.

Right to  Freedom of Religion

Freedom of conscience and free profession, practice and

propagation of religion.

Freedom to manage religious affairs.

Freedom as to payment of taxes for promotion of any particular

religion.

Freedom as to attendance at religious instruction or religious

worship in certain educational institutions.

4

Cultural and Educational Rights

29.

30.

Protection of interests of minorities.

Right of minorities to establish and administer educational

institutions.

[31.

Compulsory acquisition of property. —Omitted.]

Saving of Certain Laws

Saving of Laws providing for acquisition of estates, etc.

Validation of certain Acts and Regulations.

Saving of laws giving effect to certain directive principles.

Saving of laws in respect of anti-national activities.—Omitted.]

Right to Constitutional Remedies

Remedies for enforcement of rights conferred by this Part.

Constitutional validity of State laws not to be considered in

proceedings under article 32.—Omitted.]

Power of Parliament to modify the rights conferred by this Part

in their application to Forces, etc.

Restriction on rights conferred by this Part while martial law is

in force in any area.

Legislation to give effect to the provisions of this Part.

PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

Definition.

Application of the principles contained in this Part.

State to secure a social order for the promotion of welfare of the

people.

Certain principles of policy to be followed by the State.


Application of the principles contained in this Part.

State to secure a social order for the promotion of welfare of the

people.

Certain principles of policy to be followed by the State.

Equal justice and free legal aid.

31A.

31B.

31C.

[31D.

32.

[32A.

33.

34.

35.

36.

37.

38.

39.

39A.

5

40.

41.

42.

43.

43A.

43B.

44.

45.

46.

47.

48.

48A.

49.

50.

51.

Organisation of village panchayats.

Right  to  work,  to  education  and  to  public  assistance  in  certain

cases.

Provision for just and humane conditions of work and maternity

relief.

Living wage, etc., for workers.

Participation of workers in management of Industries.

Promotion of co-operative societies.

Uniform civil code for the citizens.

Provision for early childhood care and education to children

below the age of six years.

Promotion  of  educational  and  economic  interests  of  Scheduled

Castes, Scheduled Tribes and other weaker sections.

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

of living and to improve public health.

Organisation of agriculture and animal husbandry.

Protection and improvement of environment and safeguarding of

forests and wild life.

Protection  of  monuments  and  places  and  objects  of  national

importance.

Separation of judiciary from executive.

Promotion of international peace and security.

PART IVA

FUNDAMENTAL DUTIES

51A.

Fundamental duties.

PART V

THE UNION


Promotion of international peace and security.

PART IVA

FUNDAMENTAL DUTIES

51A.

Fundamental duties.

PART V

THE UNION

CHAPTER I.THE EXECUTIVE

The President and Vice-President

52.

53.

54.

The President of India.

Executive power of the Union.

Election of President.

6

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

Manner of election of President.

Term of office of President.

Eligibility for re-election.

Qualifications for election as President.

Conditions of President’s office.

Oath or affirmation by the President.

Procedure for impeachment of the President.

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

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

The Vice-President of India.

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

States.

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

functions during casual vacancies in the office, or during the

absence, of President.

Election of Vice-President.

Term of office of Vice-President.

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

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

Oath or affirmation by the Vice-President.

Discharge of President’s functions in other contingencies.

Matters relating to, or connected with, the election of a President

or Vice-President.


Discharge of President’s functions in other contingencies.

Matters relating to, or connected with, the election of a President

or Vice-President.

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

or commute sentences in certain cases.

Extent of executive power of the Union.

Council of Ministers

Council of Ministers  to aid and advise President.

Other provisions as to Ministers.

The Attorney-General for India

Attorney-General for India.

7

77.

78.

79.

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

92.

93.

94.

95.

Conduct of Government Business

Conduct of business of the Government of India.

Duties  of  Prime  Minister  as  respects

information to the President, etc.

the  furnishing  of

CHAPTER  II.PARLIAMENT

General

Constitution of Parliament.

Composition of the Council of States.

Composition of the House of the People.

Readjustment after each census.

Duration of Houses of Parliament.

Qualification for membership of Parliament.

Sessions of Parliament, prorogation and dissolution.

Right of President to address and send messages to Houses.

Special address by the President.

Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament

The Chairman and Deputy Chairman of the Council of States.

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

Deputy Chairman.

Power  of  the  Deputy  Chairman  or  other  person  to  perform  the

duties of the office of, or to act as, Chairman.


Power  of  the  Deputy  Chairman  or  other  person  to  perform  the

duties of the office of, or to act as, Chairman.

The  Chairman  or  the  Deputy  Chairman  not  to  preside  while  a

resolution for his removal from office is under consideration.

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

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

Speaker and Deputy Speaker.

Power  of  the  Deputy  Speaker  or  other  person  to  perform  the

duties of the office of, or to act as, Speaker.

8

96.

97.

98.

99.

100.

101.

102.

103.

104.

105.

106.

107.

108.

109.

110.

111.

112.

113.

114.

The  Speaker  or  the  Deputy  Speaker  not  to  preside  while  a

resolution for his removal from office is under consideration.

Salaries and allowances  of  the  Chairman and  Deputy  Chairman

and the Speaker and Deputy Speaker.

Secretariat of Parliament.

Conduct of Business

Oath or affirmation by members.

Voting  in  Houses,  power  of  Houses  to  act  notwithstanding

vacancies and quorum.

Disqualifications of Members

Vacation of seats.

Disqualifications for membership.

Decision on questions as to disqualifications of members.

Penalty for sitting and voting before making oath or affirmation

under article 99 or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its

Members


Penalty for sitting and voting before making oath or affirmation

under article 99 or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its

Members

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

members and committees thereof.

Salaries and allowances of members.

Legislative Procedure

Provisions as to introduction and passing of Bills.

Joint sitting of both Houses in certain cases.

Special procedure in respect of Money Bills.

Definition of “Money Bills”.

Assent to Bills.

Procedure in Financial Matters

Annual financial statement.

Procedure in Parliament with respect to estimates.

Appropriation Bills.

9

115.

116.

117.

118.

119.

120.

121.

122.

123.

Supplementary, additional or excess grants.

Votes on account, votes of credit and exceptional grants.

Special provisions as to financial Bills.

Procedure Generally

Rules of procedure.

Regulation  by  law  of  procedure  in  Parliament  in  relation  to

financial business.

Language to be used in Parliament.

Restriction on discussion in Parliament.

Courts not to inquire into proceedings of Parliament.

CHAPTER III.LEGISLATIVE  POWERS OF THE

PRESIDENT

Power  of  President  to  promulgate  Ordinances  during  recess  of

Parliament.

CHAPTER IV. THE UNION JUDICIARY

Establishment and constitution of the  Supreme Court.

124.

124A.  National Judicial Appointments Commission.

124B.

124C.

125.

126.

127.

128.

129.

130.

131.

[131A.

Functions of Commission.

Power of Parliament to make law.

Salaries, etc., of Judges.


128.

129.

130.

131.

[131A.

Functions of Commission.

Power of Parliament to make law.

Salaries, etc., of Judges.

Appointment of acting Chief Justice.

Appointment of ad hoc Judges.

Attendance of retired Judges at sittings of the Supreme Court.

Supreme Court to be a court of record.

Seat of Supreme Court.

Original jurisdiction of the Supreme Court.

Exclusive jurisdiction of the Supreme Court in regard to questions

as to constitutional validity of Central laws.Omitted.]

Appellate  jurisdiction  of  the  Supreme  Court  in  appeals  from

High Courts in certain cases.

Appellate  jurisdiction  of  the  Supreme  Court  in  appeals  from

High Courts in regard to civil matters.

132.

133.

10

134.

134A.

135.

136.

137.

138.

139.

139A.

140.

141.

142.

143.

144.

[144A.

145.

146.

147.

148.

149.

150.

151.

Appellate jurisdiction of the Supreme Court in regard to criminal

matters.

Certificate for appeal to the Supreme Court.

Jurisdiction and powers of the Federal Court under existing law

to be exercisable by the Supreme Court.

Special leave to appeal by the Supreme Court.

Review of judgments or orders by the Supreme Court.

Enlargement of the jurisdiction of the Supreme Court.

Conferment  on  the  Supreme  Court  of  powers  to  issue  certain

writs.

Transfer of certain cases.

Ancillary powers of the Supreme Court.

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


writs.

Transfer of certain cases.

Ancillary powers of the Supreme Court.

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

Enforcement  of  decrees  and  orders  of  the  Supreme  Court  and

orders as to discovery, etc.

Power of the President to consult the Supreme Court.

Civil  and  judicial  authorities  to  act  in  aid  of  the  Supreme

Court.

Special  provisions  as  to  disposal  of  questions  relating  to

constitutional validity of laws.Omitted.]

Rules of Court, etc.

Officers and servants and the expenses of the Supreme Court.

Interpretation.

CHAPTER V.COMPTROLLER AND AUDITOR-

GENERAL OF INDIA

Comptroller and Auditor-General of India.

Duties and powers of the Comptroller and Auditor-General.

Form of accounts of the Union and of the States.

Audit reports.

PART VI

THE STATES

CHAPTER I. GENERAL

11

152.

Definition.

153.

154.

155.

156.

157.

158.

159.

160.

161.

162.

163.

164.

CHAPTER II. THE EXECUTIVE

The Governor

Governors of States.

Executive power of State.

Appointment of Governor.

Term of office of Governor.

Qualifications for appointment as Governor.

Conditions of Governor’s office.

Oath or affirmation by the Governor.

the  Governor

the  functions  of

Discharge  of

contingencies.

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

or commute sentences in certain cases.

Extent of executive power of the State.

in  certain

Council of Ministers

Council of Ministers to aid and advise Governor.


or commute sentences in certain cases.

Extent of executive power of the State.

in  certain

Council of Ministers

Council of Ministers to aid and advise Governor.

Other provisions as to Ministers.

The Advocate-General for the State

165.

Advocate-General for the State.

Conduct of Government Business

Conduct of business of the Government of a State.

Duties  of  Chief  Minister  as  respects

information to Governor, etc.

the  furnishing  of

CHAPTER III.THE STATE LEGISLATURE

General

Constitution of Legislatures in States.

Abolition or creation of Legislative Councils in States.

166.

167.

168.

169.

12

170.

Composition of the Legislative Assemblies.

171.

172.

173.

174.

175.

176.

177.

178.

179.

180.

181.

182.

183.

184.

185.

186.

187.

188.

189.

Composition of the Legislative Councils.

Duration of State Legislatures.

Qualification for membership of the State Legislature.

Sessions of the State Legislature, prorogation and dissolution.

Right of Governor to address and send messages to the House or

Houses.

Special address by the Governor.

Rights  of  Ministers  and  Advocate-General  as  respects  the

Houses.

Officers of the State Legislature

The Speaker and Deputy Speaker of the Legislative Assembly.

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

Speaker  and Deputy Speaker.

Power  of  the  Deputy  Speaker  or  other  person  to  perform  the

duties of the office of, or to act as, Speaker.


Power  of  the  Deputy  Speaker  or  other  person  to  perform  the

duties of the office of, or to act as, Speaker.

The  Speaker  or  the  Deputy  Speaker  not  to  preside  while  a

resolution for his removal from office is under consideration.

The Chairman and Deputy Chairman of the Legislative Council.

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

Chairman and Deputy Chairman.

Power of the Deputy Chairman or other person to perform the

duties of the office of, or to act as, Chairman.

The  Chairman  or  the  Deputy  Chairman  not  to  preside  while  a

resolution for his removal from office is under consideration.

Salaries and allowances of the Speaker and Deputy Speaker and

the Chairman and Deputy Chairman.

Secretariat of State Legislature.

Conduct of Business

Oath or affirmation by members.

Voting  in  Houses,  power  of  Houses  to  act  notwithstanding

vacancies and quorum.

Disqualifications of Members

13

190.

191.

192.

193.

Vacation of seats.

Disqualifications for membership.

Decision on questions as to disqualifications of members.

Penalty for sitting and voting before making oath or affirmation

under article 188 or when not qualified or when disqualified.

Powers, privileges and immunities of State Legislatures and

their Members

194.

Powers, privileges, etc., of the Houses of Legislatures and of the

members and committees thereof.

195.

Salaries and allowances of members.

Legislative Procedure

196.

197.

198.

199.

200.

201.

202.

203.

204.

205.


Legislative Procedure

196.

197.

198.

199.

200.

201.

202.

203.

204.

205.

206.

207.

208.

209.

Provisions as to introduction and passing of Bills.

Restriction  on  powers  of  Legislative  Council  as  to  Bills  other

than Money Bills.

Special procedure in respect of Money Bills.

Definition of “Money Bills”.

Assent to Bills.

Bills reserved for consideration.

Procedure in Financial Matters

Annual financial statement.

Procedure in Legislature with respect to estimates.

Appropriation Bills.

Supplementary, additional or excess grants.

Votes on account, votes of credit and exceptional grants.

Special provisions as to financial Bills.

Procedure Generally

Rules of procedure.

Regulation by law of procedure in the Legislature of the State in

14

210.

211.

212.

relation to financial business.

Language to be used in the Legislature.

Restriction on discussion in the Legislature.

Courts not to inquire into proceedings of the Legislature.

CHAPTER IV.LEGISLATIVE  POWER OF THE

GOVERNOR

213.

Power  of  Governor  to  promulgate  Ordinances  during  recess  of

Legislature.

CHAPTER V.THE  HIGH COURTS IN THE

STATES

214.

215.

216.

217.

218.

219.

220.

221.

222.

223.

224.

High Courts for States.

High Courts to be courts of record.

Constitution of High Courts.

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

Court.

Application  of  certain  provisions  relating  to  Supreme  Court  to


Court.

Application  of  certain  provisions  relating  to  Supreme  Court  to

High Courts.

Oath or affirmation by Judges of High Courts.

Restriction on practice after being a permanent Judge.

Salaries, etc., of Judges.

Transfer of a Judge from one High Court to another.

Appointment of acting Chief Justice.

Appointment of additional and acting Judges.

224A.

Appointment of retired Judges at sittings of High Courts.

225.

226.

[226A.

227.

228.

Jurisdiction of existing High Courts.

Power of High Courts to issue certain writs.

Constitutional  validity  of  Central  laws  not  to  be  considered  in

proceedings under article 226.Omitted.]

Power of superintendence over all courts by the High Court.

Transfer of certain cases to High Court.

15

[228A.

229.

230.

231.

[232.

233.

233A.

234.

235.

236.

237.

Special  provisions  as  to  disposal  of  questions  relating  to

constitutional validity of State laws.Omitted.]

Officers and servants and the expenses of High Courts.

Extension of jurisdiction of High Courts to Union territories.

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

Articles 230, 231 and 232 substituted by articles 230 and 231].

CHAPTER VI.SUBORDINATE COURTS

Appointment of district judges.

Validation of appointments of, and judgments, etc., delivered by,

certain district judges.

Recruitment  of  persons  other  than  district  judges  to the  judicial

service.

Control over subordinate courts.

Interpretation.


certain district judges.

Recruitment  of  persons  other  than  district  judges  to the  judicial

service.

Control over subordinate courts.

Interpretation.

Application  of  the  provisions  of  this  Chapter to  certain  class  or

classes of magistrates.

[PART VII.—Omitted]

[238.

THE STATES IN PART B OF THE FIRST SCHEDULE

Omitted.]

PART VIII

THE UNION TERRITORIES

239.

239A.

239AA.

239AB.

239B.

240.

241.

[242.

Administration of Union territories.

Creation of local Legislatures or Council of Ministers or both for

certain Union territories.

Special provisions with respect to Delhi.

Provision in case of failure of constitutional machinery.

Power  of  administrator to  promulgate  Ordinances  during  recess

of Legislature.

Power  of  President  to  make  regulations  for  certain  Union

territories.

High Courts for Union territories.

Coorg.Omitted.]

16

PART IX

THE PANCHAYATS

Definitions.

Gram Sabha.

Constitution of Panchayats.

Composition of Panchayats.

Reservation of seats.

Duration of Panchayats, etc.

Disqualifications for membership.

Powers, authority and responsibilities of Panchayats.

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

to  review  financial

Constitution  of  Finance  Commission

position.

Audit of accounts of Panchayats.

Elections to the Panchayats.

Application to Union  territories.

Part not to apply to certain areas.

Continuance of existing laws and Panchayats.

243.

243A.


Application to Union  territories.

Part not to apply to certain areas.

Continuance of existing laws and Panchayats.

243.

243A.

243B.

243C.

243D.

243E.

243F.

243G.

243H.

243-I.

243J.

243K.

243L.

243M.

243N.

243-O.  Bar to interference by courts in electoral matters.

243P.

243Q.

243R.

243S.

243T.

243U.

243V.

PART IXA

THE MUNICIPALITIES

Definitions.

Constitution of Municipalities.

Composition of Municipalities.

Constitution and composition of Wards Committees, etc.

Reservation of seats.

Duration of Municipalities, etc.

Disqualifications for membership.

17

243W.

Powers, authority and responsibilities of Municipalities, etc.

243X.

243Y.

243Z.

Power to impose taxes by, and Funds of, the Municipalities.

Finance Commission.

Audit of accounts of Municipalities.

243ZA.

Elections to the Municipalities.

243ZB.  Application to Union territories.

243ZC.

Part not to apply to certain areas.

243ZD.

243ZE.

243ZF.

243ZG.

Committee for district planning.

Committee for Metropolitan planning.

Continuance of existing laws and Municipalities.

Bar to interference by courts in electoral matters.

PART IXB

THE CO-OPERATIVE SOCIETIES

243ZH.  Definitions.

243Z-I.

Incorporation of co-operative societies.

Number and term of members of board and its office bearers.

243ZJ.


243ZH.  Definitions.

243Z-I.

Incorporation of co-operative societies.

Number and term of members of board and its office bearers.

243ZJ.

243ZK.  Election of members of board.

Supersession and suspension of board and interim management.

243ZL.

243ZM.  Audit of accounts of co-operative societies.

243ZN.  Convening of general body meetings.

243Z-O.  Right of a member to get information.

243ZP.  Returns.

243ZQ.  Offences and penalties.

243ZR.  Application to multi-State co-operative societies.

243ZS.  Application to Union territories.

243ZT.  Continuance of existing laws.

PART X

THE SCHEDULED AND TRIBAL AREAS

18

244.

244A.

Administration of Scheduled Areas and Tribal Areas.

Formation  of  an  autonomous  State  comprising  certain  tribal

areas  in  Assam  and  creation  of  local  Legislature  or  Council  of

Ministers or both therefor.

PART XI

RELATIONS BETWEEN THE UNION AND THE

STATES

CHAPTER I.LEGISLATIVE  RELATIONS

Distribution of Legislative Powers

245.

246.

246A.

247.

248.

249.

250.

251.

252.

253.

254.

255.

the

laws  made  by  Parliament  and  by

Extent  of  laws  made  by  Parliament  and  by  the  Legislatures  of

States.

Subject-matter  of

Legislatures of States.

Special provision with respect to goods and services tax.

Power  of  Parliament to  provide  for  the  establishment  of  certain


Legislatures of States.

Special provision with respect to goods and services tax.

Power  of  Parliament to  provide  for  the  establishment  of  certain

additional courts.

Residuary powers of legislation.

Power  of  Parliament to legislate  with  respect to  a  matter in the

State List in the national interest.

Power of Parliament to legislate with respect to any matter in the

State List if a Proclamation of Emergency is in operation.

Inconsistency  between  laws  made  by  Parliament  under  articles

249 and 250 and laws made by the Legislatures of States.

Power  of  Parliament  to  legislate  for  two  or  more  States  by

consent and adoption of such legislation by any other State.

Legislation for giving effect to international agreements.

Inconsistency between laws made by Parliament and laws made

by the Legislatures of States.

Requirements  as to  recommendations  and previous sanctions to

be regarded as matters of procedure only.

CHAPTER II. ADMINISTRATIVE RELATIONS

General

256.

257.

Obligation of States and the Union.

Control of the Union over States in certain cases.

19

[257A.  Assistance to  States  by  deployment  of  armed  forces  or  other

258.

258A.

[259.

260.

261.

262.

forces of the Union.Omitted.]

Power  of  the  Union  to  confer  powers, etc.,  on  States in  certain

cases.

Power of the States to entrust functions to the Union.

Armed  Forces

Schedule.Omitted.]

Jurisdiction of the Union in relation to territories outside India.

Public acts, records and judicial proceedings.


Armed  Forces

Schedule.Omitted.]

Jurisdiction of the Union in relation to territories outside India.

Public acts, records and judicial proceedings.

in  Part  B  of

in  States

the  First

Disputes relating to Waters

Adjudication of disputes relating to waters of  inter-State rivers

or river valleys.

Co-ordination between States

263.

Provisions with respect to an inter-State Council.

PART XII

FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I.FINANCE

General

Interpretation.

Taxes not to be imposed save by authority of law.

Consolidated  Funds  and  public  accounts  of  India  and  of  the

States.

Contingency Fund.

Distribution of Revenues between the Union and the States

Duties levied by the Union but collected and appropriated by the

States.

Service tax levied by Union and collected by  the Union and the

States.Omitted.]

Taxes  levied  and  collected  by  the  Union  but  assigned  to  the

States.

Levy and collection of goods and services tax in course of inter-

State trade or commerce.

Taxes levied and  distributed between the Union and the States.

Surcharge on certain duties and taxes for purposes of the Union.

Taxes which are levied and collected by the Union and may be

264.

265.

266.

267.

268.

[268A.

269.

269A.

270.

271.

[272.

20

273.

274.

275.

276.

277.

[278.

279.

distributed between the Union and the States.Omitted.]


20

273.

274.

275.

276.

277.

[278.

279.

distributed between the Union and the States.Omitted.]

Grants in lieu of export duty on jute and jute products.

Prior  recommendation  of  President  required  to  Bills  affecting

taxation in which States are interested.

Grants from the Union to certain States.

Taxes on professions, trades, callings and employments.

Savings.

Agreement  with  States  in  Part  B  of  the  First  Schedule  with

regard to certain financial matters.Omitted.]

Calculation of  “net proceeds”, etc.

279A.

Goods and Services Tax Council.

280.

281.

282.

283.

284.

285.

286.

287.

288.

289.

290.

Finance Commission.

Recommendations of the Finance Commission.

Miscellaneous Financial Provisions

Expenditure  defrayable  by  the  Union  or  a  State  out  of  its

revenues.

Custody,  etc.,  of  Consolidated  Funds,  Contingency  Funds  and

moneys credited to the public accounts.

Custody  of  suitors’    deposits  and  other  moneys  received  by

public servants and courts.

Exemption of property of the Union from State taxation.

Restrictions  as  to  imposition  of  tax  on  the  sale  or  purchase  of

goods.

Exemption from taxes on electricity.

Exemption  from  taxation  by  States  in  respect  of  water  or

electricity in certain cases.


goods.

Exemption from taxes on electricity.

Exemption  from  taxation  by  States  in  respect  of  water  or

electricity in certain cases.

Exemption  of  property  and  income  of  a  State  from  Union

taxation.

Adjustment in respect of certain expenses and pensions.

290A.

Annual payment to certain Devaswom Funds.

[291.

Privy purse sums of Rulers.Omitted.]

21

CHAPTER II. BORROWING

Borrowing by the Government of India.

Borrowing by States.

CHAPTER III. PROPERTY, CONTRACTS, RIGHTS,

LIABILITIES, OBLIGATIONS AND SUITS

Succession  to  property,  assets, rights,  liabilities  and  obligations

in certain cases.

Succession  to  property,  assets, rights,  liabilities  and  obligations

in other cases.

Property accruing by escheat or lapse or as bona vacantia.

Things of value within territorial waters or continental shelf and

resources of the exclusive economic zone to vest in the Union.

Power to carry on trade, etc.

Contracts.

Suits and proceedings.

292.

293.

294.

295.

296.

297.

298.

299.

300.

CHAPTER IV. RIGHT  TO PROPERTY

300A.

Persons not to be deprived of property save by authority of law.

PART XIII

TRADE, COMMERCE AND INTERCOURSE

WITHIN THE TERRITORY OF INDIA

Freedom of trade, commerce and intercourse.

Power  of  Parliament  to impose restrictions  on trade,  commerce

and intercourse.

Restrictions  on  the  legislative  powers  of  the  Union  and  of  the


and intercourse.

Restrictions  on  the  legislative  powers  of  the  Union  and  of  the

States with regard to trade and commerce.

Restrictions on trade, commerce and intercourse among States.

Saving of existing laws and laws providing for State monopolies.

Power  of  certain  States  in  Part B  of  the  First  Schedule to

impose  restrictions  on  trade  and  commerce.Omitted]

Appointment  of  authority  for  carrying  out  the  purposes  of

articles 301 to 304.

301.

302.

303.

304.

305.

[306.

307.

22

PART XIV

SERVICES UNDER THE UNION AND THE STATES

CHAPTER I. SERVICES

308.

309.

310.

311.

Interpretation.

Recruitment  and  conditions  of  service  of  persons  serving  the

Union or a State.

Tenure of office of persons serving the Union or a State.

Dismissal, removal or reduction in rank of persons employed in

civil capacities under the Union or a State.

312.

All-India services.

312A.

313.

[314.

315.

316.

317.

318.

319.

320.

321.

322.

323.

Power  of  Parliament  to  vary  or  revoke  conditions  of  service  of

officers of certain services.

Transitional provisions.

Provision  for  protection  of  existing  officers  of  certain  services.

Omitted.]

CHAPTER II.—PUBLIC SERVICE COMMISSIONS

Public Service Commissions for the Union and for the States.

Appointment and term of office of members.


Omitted.]

CHAPTER II.—PUBLIC SERVICE COMMISSIONS

Public Service Commissions for the Union and for the States.

Appointment and term of office of members.

Removal  and  suspension  of  a  member  of  a  Public  Service

Commission.

Power  to  make  regulations  as  to  conditions  of  service  of

members and staff of the Commission.

Prohibition  as  to  the  holding  of  offices  by  members  of

Commission on ceasing to be such members.

Functions of Public Service Commissions.

Power to extend functions of Public Service Commissions.

Expenses of Public Service Commissions.

Reports of Public Service Commissions.

23

PART XIVA

TRIBUNALS

323A.

323B.

Administrative tribunals.

Tribunals for other matters.

PART XV

ELECTIONS

324.

325.

326.

327.

328.

329.

Superintendence, direction and control of elections to be vested

in an Election Commission.

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

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

caste or sex.

Elections  to  the  House  of  the  People  and  to  the  Legislative

Assemblies of States to be on the basis of adult suffrage.

Power of Parliament to make provision with respect to elections

to Legislatures.

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

elections to such Legislature.

Bar to interference by courts in electoral matters.

[329A.

Special  provision  as  to  elections  to  Parliament  in  the  case  of


Bar to interference by courts in electoral matters.

[329A.

Special  provision  as  to  elections  to  Parliament  in  the  case  of

Prime Minister and Speaker.Omitted.]

PART XVI

SPECIAL PROVISIONS RELATING TO CERTAIN

CLASSES

330.

331.

332.

333.

334.

Reservation of seats for Scheduled Castes and Scheduled Tribes

in the House of the People.

Representation  of the  Anglo-Indian  community  in  the  House  of

the People.

Reservation of seats for Scheduled Castes and Scheduled Tribes

in the Legislative Assemblies of the States.

Representation  of

Legislative Assemblies of the States.

Reservation  of  seats  and  special  representation  to  cease  after

seventy years.

the  Anglo-Indian  community

the

in

24

335.

336.

337.

338.

338A.

338B.

339.

340.

341.

342.

Claims  of  Scheduled  Castes  and  Scheduled  Tribes  to  services

and posts.

Special  provision  for  Anglo-Indian  community

services.

Special  provision  with  respect  to  educational  grants  for  the

benefit of Anglo-Indian Community.

National Commission for Scheduled Castes.

in  certain

National Commission for Scheduled Tribes.

National Commission for Backward Classes.

Control of the Union over the administration of Scheduled Areas

and the welfare of Scheduled Tribes.

Appointment  of    a  Commission to  investigate the  conditions  of

backward classes.

Scheduled Castes.

Scheduled Tribes.

342A.

Socially and educationally backward classes.

PART XVII

OFFICIAL LANGUAGE

343.

344.


backward classes.

Scheduled Castes.

Scheduled Tribes.

342A.

Socially and educationally backward classes.

PART XVII

OFFICIAL LANGUAGE

343.

344.

345.

346.

347.

348.

CHAPTER I.—LANGUAGE OF THE UNION

Official language of the Union.

Commission and Committee of Parliament on official language.

CHAPTER II. REGIONAL LANGUAGES

Official language or languages of a State.

Official  language  for  communication  between  one  State  and

another or between a State and the Union.

Special provision relating to language spoken by a section of the

population of a State.

CHAPTER III.LANGUAGE OF THE SUPREME COURT,

HIGH COURTS, ETC.

Language  to  be  used  in  the  Supreme  Court  and  in  the  High

Courts and for Acts, Bills, etc.

25

349.

Special  procedure  for  enactment  of  certain  laws  relating  to

language.

CHAPTER IV.SPECIAL DIRECTIVES

350.

Language to be used in representations for redress of grievances.

350A.

Facilities for instruction in mother-tongue at primary stage.

350B.

Special Officer for linguistic minorities.

351.

Directive for development of the Hindi language.

PART XVIII

EMERGENCY PROVISIONS

Proclamation of Emergency.

Effect of Proclamation of Emergency.

Application  of  provisions  relating  to  distribution  of  revenues

while a Proclamation of Emergency is in operation.

Duty  of  the  Union to  protect  States  against  external  aggression

and internal disturbance.

Provisions  in  case  of  failure  of  constitutional  machinery  in

States.


and internal disturbance.

Provisions  in  case  of  failure  of  constitutional  machinery  in

States.

Exercise  of  legislative  powers under  Proclamation  issued  under

article 356.

Suspension  of provisions of article 19 during emergencies.

Suspension of the enforcement of the rights conferred by Part III

during emergencies.

Application of this Part to the State of Punjab.Omitted.]

352.

353.

354.

355.

356.

357.

358.

359.

[359A.

360.

Provisions as to financial emergency.

PART XIX

MISCELLANEOUS

Protection of President and Governors and Rajpramukhs.

Protection of publication of proceedings of Parliament and State

Legislatures.

Disqualification for appointment on remunerative political post.

Rights and privileges of Rulers of Indian States.Omitted.]

Bar  to  interference  by  courts  in  disputes  arising  out  of  certain

treaties, agreements, etc.

361.

361A.

361B.

[362.

363.

26

363A.

364.

365.

366.

367.

368.

Recognition granted to Rulers of Indian States to cease and privy

purses to be abolished.

Special provisions as to major ports and aerodromes.

Effect  of  failure  to  comply  with,  or to  give effect  to,  directions

given by the Union.

Definitions.

Interpretation.

PART XX

AMENDMENT OF THE CONSTITUTION

Power  of  Parliament  to  amend  the  Constitution  and  procedure

therefor.

PART XXI

TEMPORARY, TRANSITIONAL AND

SPECIAL PROVISIONS

369.

370.


therefor.

PART XXI

TEMPORARY, TRANSITIONAL AND

SPECIAL PROVISIONS

369.

370.

371.

371A.

371B .

Temporary  power  to  Parliament  to  make  laws  with  respect  to

certain  matters  in  the  State  List  as  if  they  were  matters  in  the

Concurrent List.

Temporary  provisions  with  respect  to  the  State  of  Jammu  and

Kashmir.

Special  provision  with respect  to  the  States  of  Maharashtra and

Gujarat.

Special provision with respect to the State of Nagaland.

Special provision with respect to the State of Assam.

371C.

Special provision with respect to the State of Manipur.

371D.

371E.

371F.

Special provisions with respect to the State of Andhra Pradesh or

the State of Telangana.

Establishment of Central University in Andhra Pradesh.

Special provisions with respect to the State of Sikkim.

371G.

Special provision with respect to the State of Mizoram.

371H.

Special provision with respect to the State of Arunachal Pradesh.

371-I.

Special provision with respect to the State of  Goa.

371J.

372.

Special provisions with respect to the State of  Karnataka.

Continuance in force of existing laws and their adaptation.

27

372A.

Power of the President to adapt laws.

373.

374.

375.

376.

377.

378.

Power  of  President  to  make  order  in  respect  of  persons  under

preventive detention in certain cases.


376.

377.

378.

Power  of  President  to  make  order  in  respect  of  persons  under

preventive detention in certain cases.

Provisions  as  to  Judges  of  the  Federal  Court  and  proceedings

pending in the Federal Court or before His Majesty in Council.

Courts, authorities and officers to continue to function subject to

the provisions of the Constitution.

Provisions as to Judges of High Courts.

Provisions as to Comptroller and Auditor-General of India.

Provisions as to Public Service Commissions.

378A.

Special  provision  as  to  duration  of  Andhra  Pradesh  Legislative

Assembly.

[379.

[380.

[381.

[382.

[383.

[384.

[385.

[386.

[387.

[388.

Provisions  as  to  provisional  Parliament  and  the  Speaker  and

Deputy Speaker thereof.Omitted.]

Provision as to President. Omitted.]

Council of Ministers of the President.Omitted.]

Provisions as to provisional Legislatures for States in Part A of

the First Schedule. -- Omitted.]

Provision as to Governors of Provinces. -- Omitted.]

Council of Ministers of the Governors.Omitted.]

Provision as to provisional Legislatures in States in Part B of the

First Schedule.Omitted.]

Council of Ministers for  States in Part B of the First Schedule.  -

Omitted.]

Special  provision  as  to  determination  of  population  for  the

purposes of certain elections.Omitted.]

Provisions as to the filling of casual vacancies in the  provisional


purposes of certain elections.Omitted.]

Provisions as to the filling of casual vacancies in the  provisional

Parliament  and    provisional  Legislatures  of  the  States.

Omitted.]

[389.

Provision  as to  Bills  pending  in the  Dominion  Legislatures and

28

[390.

[391.

in the Legislatures of Provinces and Indian States.Omitted.]

Money  received  or  raised  or  expenditure  incurred  between  the

commencement  of  the  Constitution  and  the  31st  day  of  March,

1950. Omitted.]

Power of the President to amend the First and Fourth Schedules

in certain contingencies.Omitted.]

392.

Power of the President to remove difficulties.

PART XXII

SHORT TITLE, COMMENCEMENT,

AUTHORITATIVE TEXT

IN HINDI AND REPEALS

393.

394.

Short title.

Commencement.

394A.

Authoritative text in the Hindi language.

395.

Repeals.

SCHEDULES

FIRST SCHEDULE

I. —The States.

II. —The Union territories.

SECOND SCHEDULE

PART A—Provisions as to the President and the Governors of States.

PART B— [Omitted.]

PART C—Provisions as to the Speaker and the Deputy Speaker of   the

House  of    the    People  and  the  Chairman  and  the  Deputy

Chairman of  the Council   of  States and   the  Speaker  and

the   Deputy  Speaker  of  the  Legislative  Assembly  and the

Chairman  and  the  Deputy  Chairman  of  the  Legislative

Council of a State.


the   Deputy  Speaker  of  the  Legislative  Assembly  and the

Chairman  and  the  Deputy  Chairman  of  the  Legislative

Council of a State.

PART D—  Provisions as to the Judges of the Supreme Court and of the High Courts.

PART E— Provisions as to the Comptroller and Auditor-General of India.

29

THIRD  SCHEDULE— Forms of Oaths or Affirmations.

FOURTH  SCHEDULE—Allocation of seats in the Council of States.

FIFTH SCHEDULE—

Provisions  as  to  the  Administration  and  Control  of  Scheduled    Areas

and Scheduled Tribes

PART A—General.

PART B—Administration and  Control of Scheduled Areas and Scheduled Tribes.

PART C— Scheduled Areas.

PART D—Amendment of the Schedule.

SIXTH SCHEDULE—

Provisions  as  to  the  Administration  of  Tribal  Areas  in  the  States  of

Assam, Meghalaya, Tripura and Mizoram.

SEVENTH SCHEDULE—

List I — Union List.

List II— State List.

List III— Concurrent List.

EIGHTH SCHEDULE— Languages.

NINTH SCHEDULE—Validation of certain Acts and Regulations.

TENTH SCHEDULE— Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.

TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.

APPENDICES

APPENDIX  I.—The Constitution (One Hundredth Amendment) Act, 2015.

APPENDIX  II.—The Constitution (Application to Jammu and Kashmir) Order, 2019.


APPENDIX  II.—The Constitution (Application to Jammu and Kashmir) Order, 2019.

APPENDIX  III.— Declaration under article 370(3) of the Constitution.

30

LIST OF ABBREVIATIONS USED

Art., arts.  ..............................................  for Article, articles.

Cl., cls.     ..............................................   ″   Clause, clauses.

C.O.          ..............................................   ″   Constitution Order.

Ins.            ..............................................   ″    Inserted.

P., pp.       ..............................................   ″    Page, pages.

Pt.             ..............................................   ″    Part.

Rep.          ..............................................   ″    Repealed.

Ss., ss.    ................................................   ″    Section, sections.

Sch.         ...............................................   ″    Schedule.

Subs.         ..............................................   ″    Substituted.

w.e.f.       ...............................................   ″    with effect from.

w.r.e.f.        ............................................   ″  with  retrospective  effect

from.

31

THE CONSTITUTION  OF  INDIA

P R EAM B LE

WE,  THE PEOPLE  OF  INDIA,  having  solemnly  resolved to  constitute

into  a  1 [SOVEREIGN  SOCIALIST  SECULAR  DEMOCRATIC

India

REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY  assuring  the  dignity  of  the  individual  and  the 2[unity

and integrity of the Nation];


and to promote among them all

FRATERNITY  assuring  the  dignity  of  the  individual  and  the 2[unity

and integrity of the Nation];

IN  OUR  CONSTITUENT  ASSEMBLY  this  twenty-sixth  day  of

November,  1949,  do  HEREBY  ADOPT,  ENACT  AND  GIVE  TO

OURSELVES THIS CONSTITUTION.

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

DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).

2. Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977).

32

PART I

THE UNION AND ITS TERRITORY

1. Name and territory of the Union.—(1) India, that is Bharat, shall be

a Union of States.

1[(2)  The  States  and  the  territories  thereof  shall  be  as  specified  in  the

First Schedule.]

(3) The territory of India shall comprise—

(a) the territories of the States;

2[(b) the Union territories specified in the First Schedule; and]

(c) such other territories as may be acquired.

2. Admission or establishment of new States.—Parliament may by law

admit into the Union, or establish, new States on such terms and conditions as it

thinks fit.

3 [2A.  [Sikkim  to  be  associated  with  the  Union.].—Omitted  by  the


thinks fit.

3 [2A.  [Sikkim  to  be  associated  with  the  Union.].—Omitted  by  the

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

3.  Formation  of  new  States  and  alteration  of  areas,  boundaries  or

names of existing States.—Parliament may by law—

(a) form a new State by separation of territory from any State or

by  uniting  two  or  more  States  or  parts  of  States  or  by  uniting  any

territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

1 .  Subs.  by  the  Constitution  (Seventh  Amendment)  Act,  1956,  s.  2,  for  cl.  (2)

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

2.  Subs. by s. 2 ibid, for sub-clause (b) (w.e.f. 1-11-1956).

3.  Ins. by the Constitution  (Thirty-fifth Amendment)  Act, 1974, s. 2 (w.e.f. 1-3-1975).

33

1[Provided  that  no  Bill  for  the  purpose  shall  be  introduced  in  either

House of Parliament except on the recommendation of the President and unless,

where the proposal contained in the Bill affects the area, boundaries or name of


House of Parliament except on the recommendation of the President and unless,

where the proposal contained in the Bill affects the area, boundaries or name of

any  of  the  States  2***,  the  Bill  has  been  referred  by  the  President  to  the

Legislature of that State for expressing its views thereon within such period as

may be specified in the reference or within such further period as the President

may allow and the period so specified or allowed has expired.]

3[Explanation I.—In this article, in clauses (a) to (e), “State” includes a

Union territory, but in the proviso, “State” does not include a Union territory.

Explanation  II.—The  power  conferred  on  Parliament  by  clause  (a)

includes the power to form a new State or Union territory by uniting a part of

any State or Union territory to any other State or Union territory.]

4. Laws made under articles 2 and 3 to provide for the amendment

of  the  First  and  the  Fourth  Schedules  and  supplemental,  incidental  and

consequential  matters.—(1) Any law referred to in article 2 or article 3 shall

contain such provisions for the amendment of the First Schedule and the Fourth

Schedule  as  may  be  necessary  to  give  effect  to  the  provisions  of  the  law  and

may  also  contain  such  supplemental,  incidental  and  consequential  provisions

(including provisions as to representation in Parliament and in the Legislature

or Legislatures of the State or States affected by such law) as Parliament may

deem necessary.

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

Constitution for the purposes of article 368.


deem necessary.

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

Constitution for the purposes of article 368.

1 .  Subs.  by  the  Constitution  (Fifth  Amendment)  Act,  1955,  s.  2,  for  the  proviso

(w.e.f. 24-12-1955).

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

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

3. Ins. by the Constitution  (Eighteenth Amendment)  Act, 1966, s. 2 (w.e.f. 27-8-1966).

34

PART II

CITIZENSHIP

5.  Citizenship  at  the  commencement  of  the  Constitution.—At  the

commencement of this Constitution, every person who has his domicile in the

territory of India and—

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c)  who  has  been  ordinarily  resident  in  the  territory  of  India  for

not less than five years immediately preceding such commencement,

shall be a citizen of India.

6.  Rights  of  citizenship  of  certain  persons  who  have  migrated  to

India  from  Pakistan.—Notwithstanding  anything  in  article  5,  a  person  who

has  migrated  to  the  territory  of  India  from  the  territory  now  included  in


has  migrated  to  the  territory  of  India  from  the  territory  now  included  in

Pakistan shall be deemed to be a citizen of India at the commencement of this

Constitution if—

(a) he or either of his parents or any of his grand-parents was born

in India as defined in the Government of India Act, 1935 (as originally

enacted); and

(b)(i)  in  the  case  where  such  person  has  so  migrated  before  the

nineteenth  day  of  July,  1948,  he  has  been  ordinarily  resident  in  the

territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the

nineteenth day of July, 1948, he has been registered as a citizen of India

by  an  officer  appointed  in  that  behalf  by  the  Government  of  the

Dominion  of  India  on  an  application  made  by  him  therefor  to  such

officer  before  the  commencement  of  this  Constitution  in  the  form  and

manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident

in the territory of  India for at least six months immediately preceding the date

of his application.

7.  Rights  of  citizenship  of  certain  migrants  to  Pakistan.—

Notwithstanding  anything in articles  5  and  6,  a  person  who  has  after  the  first

day  of  March, 1947,  migrated  from  the  territory  of  India  to  the territory  now


day  of  March, 1947,  migrated  from  the  territory  of  India  to  the territory  now

included in Pakistan shall not be deemed to be a citizen of India:

35

Provided  that  nothing  in  this  article  shall  apply  to  a  person  who,  after

having so migrated to the territory now included in Pakistan, has returned to the

territory of India under a permit for resettlement or permanent return issued by

or under the authority of any law and every such person shall for the purposes

of  clause  (b)  of  article  6  be  deemed to  have  migrated  to the territory  of  India

after the nineteenth day of July, 1948.

8.  Rights  of  citizenship  of certain  persons  of  Indian  origin residing

outside  India.—Notwithstanding  anything  in  article  5,  any  person  who  or

either  of  whose  parents  or  any  of  whose  grand-parents  was  born  in  India  as

defined in the Government of India Act, 1935 (as originally enacted), and who

is ordinarily residing in any country outside India as so defined shall be deemed

to  be  a  citizen  of  India  if  he  has  been  registered  as  a  citizen  of  India  by  the

diplomatic or consular representative of India in the country where he is for the

time being residing on an application made by him therefor to such diplomatic

or  consular representative,  whether  before  or after  the  commencement  of  this

Constitution,  in  the  form  and  manner  prescribed  by  the  Government  of  the


Constitution,  in  the  form  and  manner  prescribed  by  the  Government  of  the

Dominion of India or the Government of India.

9. Persons voluntarily acquiring citizenship of a foreign State not to

be citizens.— No person shall be a citizen of India by virtue of article 5, or be

deemed  to  be  a  citizen  of  India  by  virtue  of  article  6  or  article  8,  if  he  has

voluntarily acquired the citizenship of any foreign State.

10. Continuance of the rights of citizenship.—Every person who is or

is deemed to be a citizen of India under any of the foregoing provisions of this

Part shall, subject to the provisions of any law that may be made by Parliament,

continue to be such citizen.

11. Parliament to regulate the right of citizenship by law.—Nothing

in  the  foregoing  provisions  of  this  Part  shall  derogate  from  the  power  of

Parliament  to  make  any  provision  with  respect  to  the  acquisition  and

termination of citizenship and all other matters relating to citizenship.

36

PART III

FUNDAMENTAL RIGHTS

General

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

State”  includes  the  Government  and  Parliament  of  India  and the Government

and the Legislature of each of the States and all local or other authorities within

the territory of India or under the control of the Government of India.

13.  Laws  inconsistent  with  or  in  derogation  of  the  fundamental

rights.—(1)  All laws  in  force in  the territory  of  India immediately  before the


rights.—(1)  All laws  in  force in  the territory  of  India immediately  before the

commencement of this Constitution, in so far as they are inconsistent with the

provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the

rights conferred by this Part and any law made in contravention of this clause

shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise requires,—

(a) “law” includes any Ordinance, order, bye-law, rule, regulation,

notification, custom or usage having in the territory of India the force of

law;

(b) “laws in force” includes laws passed or made by a Legislature

or  other  competent  authority  in  the  territory  of  India  before  the

commencement  of  this  Constitution  and  not  previously  repealed,

notwithstanding that any such law or any part thereof may not be then in

operation either at all or in particular areas.

1 [(4)  Nothing  in  this  article  shall  apply  to  any  amendment  of  this

Constitution made under article 368.]

Right to Equality

14.  Equality  before  law.—The  State  shall  not  deny  to  any  person

equality before the law or the equal protection of the laws within the territory of

India.

15.  Prohibition of discrimination on grounds of religion, race, caste,

sex or place of birth.—(1) The State shall not discriminate against any citizen

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


sex or place of birth.—(1) The State shall not discriminate against any citizen

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

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of

birth  or  any  of  them,  be  subject  to  any  disability,  liability,  restriction  or

condition with regard to—

1. Ins. by the Constitution  (Twenty-fourth Amendment)  Act, 1971, s. 2 (w.e.f. 5-11-1971).

37

(a) access to shops, public restaurants, hotels and places of public

entertainment; or

(b)  the  use  of  wells,  tanks,  bathing  ghats,  roads  and  places  of

public resort maintained wholly or partly out of State funds or dedicated

to the use of the general public.

(3)  Nothing  in  this  article  shall  prevent  the  State  from  making  any

special provision for women and children.

1[(4) Nothing in this article or in clause (2) of article 29 shall prevent the

State  from  making  any  special  provision  for  the  advancement  of  any  socially

and educationally backward classes of citizens or for the Scheduled Castes and

the Scheduled Tribes.]

2[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19

shall  prevent  the  State  from  making  any  special  provision,  by  law,  for  the

advancement of any socially and educationally backward classes of citizens or


advancement of any socially and educationally backward classes of citizens or

for  the  Scheduled  Castes  or  the  Scheduled  Tribes  in  so  far  as  such  special

provisions relate to their admission to educational institutions including private

educational institutions,  whether  aided  or unaided  by  the  State,  other than the

minority educational institutions referred to in clause (1) of article 30.]

3[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or

clause (2) of article 29 shall prevent the State from making,—

(a)  any  special  provision

for

the  advancement  of  any

than  the  classes

economically  weaker  sections  of  citizens  other

mentioned in clauses (4) and (5); and

(b)  any  special  provision

for

the  advancement  of  any

economically  weaker  sections  of  citizens  other  than  the  classes

mentioned  in  clauses  (4)  and  (5)  in  so  far  as  such  special  provisions

relate  to  their  admission  to  educational  institutions  including  private

educational  institutions,  whether  aided  or  unaided  by  the  State,  other

than  the  minority  educational  institutions  referred  to  in  clause  (1)  of

article  30,  which  in the  case  of  reservation  would  be in  addition  to  the

existing  reservations  and  subject  to  a  maximum  of  ten  per  cent.  of  the

total seats in each category.


existing  reservations  and  subject  to  a  maximum  of  ten  per  cent.  of  the

total seats in each category.

1. Added by the Constitution (First Amendment) Act, 1951, s. 2  (w.e.f. 18-6-1951).

2. Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2  (w.e.f. 20-1-2006).

3 .  Ins.  by  the  Constitution  (One  Hundred  and  Third  Amendment)  Act,  2019,  s.  2

(w.e.f. 14-1-2019).

38

Explanation.—For

this  article  and  article  16,

"economically  weaker sections"  shall  be  such  as  may  be notified by  the State

from  time  to  time  on  the  basis  of  family  income  and  other  indicators  of

economic disadvantage.]

the  purposes  of

16.  Equality  of  opportunity  in  matters  of  public  employment.—(1)

There  shall  be  equality  of  opportunity  for  all  citizens  in  matters  relating  to

employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent,

place of birth, residence or any of them, be ineligible for, or discriminated against

in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law

prescribing, in regard to a class or classes of employment or appointment to an


(3) Nothing in this article shall prevent Parliament from making any law

prescribing, in regard to a class or classes of employment or appointment to an

office 1[under the Government of, or any local or other authority within, a State

or Union territory, any requirement as to residence within that State or Union

territory] prior to such employment or appointment.

(4)  Nothing  in  this  article  shall  prevent  the  State  from  making  any

provision  for  the  reservation  of  appointments  or  posts  in  favour  of  any

backward class of citizens which, in the opinion of the State, is not adequately

represented in the services under the State.

2[(4A)  Nothing  in  this  article  shall  prevent  the  State  from  making  any

provision  for  reservation  3 [in  matters  of  promotion,  with  consequential

seniority,  to  any  class]  or  classes  of  posts  in  the  services  under  the  State  in

favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion

of the State, are not adequately represented in the services under the State.]

4[(4B)  Nothing  in  this  article  shall  prevent  the  State  from  considering

any unfilled vacancies of a year which are reserved for being filled up in that

year in accordance with any provision for reservation made under clause (4) or

clause (4A) as  a separate  class  of  vacancies to  be  filled  up in  any  succeeding

year or years and such class of vacancies shall not be considered together with

the vacancies of the year in which they are being filled up for determining the


year or years and such class of vacancies shall not be considered together with

the vacancies of the year in which they are being filled up for determining the

ceiling of fifty per cent. reservation on total number of vacancies of that year.]

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

any  State  specified  in  the  First  Schedule  or  any  local  or  other  authority  within  its

territory, any requirement as to residence within that State"  (w.e.f. 1-11-1956).

2. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).

3. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words

(retrospectively) (w.e.f. 17-6-1995).

4. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).

39

(5)  Nothing  in  this  article  shall  affect  the  operation  of  any  law  which

provides  that  the  incumbent  of  an  office  in  connection  with the affairs  of  any

religious  or  denominational  institution  or  any  member  of  the  governing  body

thereof  shall  be  a  person  professing  a  particular  religion  or  belonging  to  a

particular denomination.

1[(6)  Nothing  in  this  article  shall  prevent  the  State  from  making  any


particular denomination.

1[(6)  Nothing  in  this  article  shall  prevent  the  State  from  making  any

provision  for  the  reservation  of  appointments  or  posts  in  favour  of  any

economically  weaker  sections  of  citizens  other  than  the  classes  mentioned  in

clause (4), in addition to the existing reservation and  subject to a maximum of

ten per cent. of the posts in each category.]

17. Abolition of Untouchability.—“Untouchability” is abolished and its

practice in any form is forbidden. The enforcement of any disability arising out

of “Untouchability” shall be an offence punishable in accordance with law.

18.  Abolition  of  titles.—(1)  No title,  not  being  a  military  or  academic

distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3)  No  person  who  is  not  a  citizen  of  India  shall,  while  he  holds  any

office  of  profit  or  trust  under  the  State,  accept  without  the  consent  of  the

President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall,

without the consent of the President, accept any present, emolument, or office

of any kind from or under any foreign State.

19. Protection  of  certain rights  regarding freedom  of  speech, etc.—

(1) All citizens shall have the right—

Right to Freedom

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;


(1) All citizens shall have the right—

Right to Freedom

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions 2[or co-operative societies];

(d) to move freely throughout the territory of India;

1 .  Ins.  by  the  Constitution  (One  Hundred  and  Third  Amendment)  Act,  2019,  s.  3

(w.e.f. 14-1-2019).

2. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2 (w.e.f. 8-2-2012).

40

(e) to reside and settle in any part of the territory of India; 1[and]

2[(f)*                      *                      *                    *                     *]

(g) to practise any profession, or to carry on any occupation, trade or

business.

3[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of

any existing law, or prevent the State from making any law, in so far as such

law imposes reasonable restrictions on the exercise of the right conferred by the

said sub-clause in the interests of 4[the sovereignty and integrity of India], the

security  of  the  State,  friendly  relations  with  foreign  States,  public  order,

decency  or  morality,  or  in  relation  to  contempt  of  court,  defamation  or

incitement to an offence.]

(3) Nothing in sub-clause (b) of the said clause shall affect the operation

of  any  existing  law  in  so  far  as it  imposes,  or  prevent the  State  from  making


of  any  existing  law  in  so  far  as it  imposes,  or  prevent the  State  from  making

any law imposing, in the interests of  4[the sovereignty and integrity of India or]

public  order,  reasonable  restrictions  on  the  exercise  of  the  right  conferred  by

the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation

of  any  existing  law  in  so  far  as it  imposes,  or  prevent the  State  from  making

any law imposing, in the interests of  4[the sovereignty and integrity of India or]

public  order  or  morality,  reasonable  restrictions  on  the  exercise  of  the  right

conferred by the said sub-clause.

(5)  Nothing  in 5[sub-clauses  (d)  and  (e)]  of  the  said  clause  shall  affect

the  operation  of  any  existing  law  in so  far as  it  imposes,  or  prevent the  State

from making any law imposing, reasonable restrictions on the exercise of any

of  the  rights  conferred  by  the  said  sub-clauses  either  in  the  interests  of  the

general public or for the protection of the interests of any Scheduled Tribe.

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

2. Sub-clause (f) omitted by s.2, ibid. (w.e.f. 20-6-1979).


2. Sub-clause (f) omitted by s.2, ibid. (w.e.f. 20-6-1979).

3. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2)  (with retrospective

effect).

4. Ins. by the Constitution (Sixteenth  Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).

5. Subs.  by the Constitution  (Forty-fourth   Amendment)  Act, 1978, s. 2,  for  "sub-clauses  (d),

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

41

(6) Nothing in sub-clause (g) of the said clause shall affect the operation

of  any  existing  law  in  so  far  as it  imposes,  or  prevent the  State  from  making

any law imposing, in the interests of the general public, reasonable restrictions

on the exercise of the right conferred by the said sub-clause, and, in particular,

1[nothing in the said sub-clause shall affect the operation of any existing law in

so far as it relates to, or prevent the State from making any law relating to,—

(i) the professional or technical qualifications necessary for practising

any profession or carrying on any occupation, trade or business, or

(ii)  the  carrying  on  by  the  State,  or  by  a  corporation  owned  or

controlled  by  the  State,  of  any  trade,  business,  industry  or  service,

whether to the exclusion, complete or partial, of citizens or otherwise.]


controlled  by  the  State,  of  any  trade,  business,  industry  or  service,

whether to the exclusion, complete or partial, of citizens or otherwise.]

20.  Protection  in  respect  of  conviction  for  offences.—(1)  No  person

shall  be  convicted  of  any  offence  except  for  violation  of  a law in  force  at the

time of the commission of the Act charged as an offence, nor be subjected to a

penalty greater than that which might have been inflicted under the law in force

at the time of the commission of the offence.

(2)  No  person  shall  be  prosecuted  and  punished  for  the  same  offence

more than once.

(3) No person accused of any offence shall be compelled to be a witness

against himself.

21.  Protection  of  life  and  personal  liberty.—No  person  shall  be

deprived  of  his  life  or  personal  liberty  except  according  to  procedure

established by law.

2 [21A.  Right  to  education.—The  State  shall  provide  free  and

compulsory education to all children of the age of six to fourteen years in such

manner as the State may,  by law,  determine.]

22. Protection against arrest and detention in certain cases.—(1) No

person who is arrested shall be detained in custody without being informed, as

soon as may be, of the grounds for such arrest nor shall he be denied the right

to consult, and to be defended by, a legal practitioner of his choice.


soon as may be, of the grounds for such arrest nor shall he be denied the right

to consult, and to be defended by, a legal practitioner of his choice.

1.  Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words   (w.e.f. 18 -

6-1951).

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

42

(2)  Every  person  who  is  arrested  and  detained  in  custody  shall  be

produced before the nearest magistrate within a period of twenty-four hours of

such arrest excluding the time necessary for the journey from the place of arrest

to the court of the magistrate and no such person shall be detained in custody

beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply—

(a) to any person who for the time being is an enemy alien; or

(b) to any person who is arrested or detained under any law providing

for preventive detention.

(4)  No  law  providing  for  preventive  detention  shall  authorise  the

detention of a person for a longer period than three months unless—

(a) an Advisory Board consisting of persons who are, or have been,

or are qualified to be appointed as, Judges of a High Court has reported

before the expiration of the said period of three months that there is in its

opinion sufficient cause for such detention:

 Cl. (4) shall stand substituted by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 3 (date yet to be

notified) as—


notified) as—

"(4)  No  law  providing  for  preventive  detention  shall  authorise  the  detention  of  a  person  for  a

longer  period  than  two  months  unless  an  Advisory  Board  constituted  in  accordance  with  the

recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of

the said period of two months that there is in its opinion sufficient cause for such detention:

Provided  that  an  Advisory  Board  shall  consist  of  a  Chairman  and  not  less  than  two  other

members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members

shall be serving or retired Judges of any High Court :

Provided further that nothing in this clause shall authorise the detention of any person beyond the

maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7).

Explanation.—In this clause, "appropriate High Court" means,—

(i) in the case of the detention of a person in pursuance of an order of detention made by

the Government of India or an officer or authority subordinate to that Government, the High Court

for the Union territory of Dehli;

(ii) in the case of the detention of a person in pursuance of an order of detention made by

the Government of any State (other than a Union territory), the High Court for that State; and

(iii) in the case of the detention of a person in pursuance of an order of detention made

by  the  administrator  of  a  Union  territory  or  an  officer  or  authority  subordinate  to  such

administrator, such High Court as may be specified by or under any law made by Parliament in

this behalf.".

43


administrator, such High Court as may be specified by or under any law made by Parliament in

this behalf.".

43

Provided that nothing in this sub-clause shall authorise the detention

of any person beyond the maximum period prescribed by any law made

by Parliament under sub-clause (b) of clause (7); or

(b) such person is detained in accordance with the provisions of any

law made by Parliament under sub-clauses (a) and (b) of clause (7).

(5)  When  any  person  is  detained  in  pursuance  of  an  order  made under

any  law  providing  for  preventive  detention,  the  authority  making  the  order

shall, as soon as may be, communicate to such person the grounds on which the

order has been made and shall afford him the earliest opportunity of making a

representation against the order.

(6)  Nothing  in  clause  (5)  shall  require  the  authority  making  any  such

order  as  is  referred  to  in  that  clause  to  disclose  facts  which  such  authority

considers to be against the public interest to disclose.

(7) Parliament may by law prescribe—

(a) the circumstances under which, and the class or classes of cases

in which, a person may be detained for a period longer than three months

under  any  law providing  for  preventive  detention  without  obtaining  the

opinion of an Advisory Board in accordance with the provisions of sub-

clause (a) of clause (4);

(b) the maximum period for which any person may in any class or

classes  of  cases  be  detained  under  any  law  providing  for  preventive

detention; and


classes  of  cases  be  detained  under  any  law  providing  for  preventive

detention; and

(c)  the  procedure  to  be  followed  by  an  Advisory  Board  in  an

inquiry under sub-clause (a) of clause (4).

  Sub-clause  (a)  shall  stand  omitted  by  the  Constitution  (Forty-fourth    Amendment)  Act,

1978, s. 3(b)(i) (date to be notified).

 Sub-clause (b)  shall stand re-lettered as sub-clause (a)  by  s. 3(b)(ii),  ibid. (date to be

notified).

 Sub-clause (c) shall stand re-lettered as sub-clause (b) by s. 3(b)(iii), ibid. (date to be

notified).

 Sub-clause (a) of clause (4) shall stand substituted as "clause (4)" by s. 3(b)(iii), ibid.

(date to be notified).

44

Right against Exploitation

23.  Prohibition  of  traffic  in  human  beings  and  forced  labour.—(1)

Traffic in human beings and begar and other similar forms of forced labour are

prohibited  and  any  contravention  of  this  provision  shall  be  an  offence

punishable in accordance with law.

(2)  Nothing  in  this  article  shall  prevent  the  State  from  imposing


punishable in accordance with law.

(2)  Nothing  in  this  article  shall  prevent  the  State  from  imposing

compulsory service for public purposes, and in imposing such service the State

shall  not  make  any  discrimination  on  grounds  only  of  religion,  race,  caste  or

class or any of them.

24. Prohibition of employment of children in factories, etc.—No child

below  the  age  of  fourteen  years  shall be employed  to  work  in  any  factory  or

mine or engaged in any other hazardous employment.

Right to Freedom of Religion

25.  Freedom  of  conscience  and  free  profession,  practice  and

propagation of religion.—(1) Subject to public order, morality and health and

to the other provisions of this Part, all persons are equally entitled to freedom

of conscience and the right freely to profess, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or

prevent the State from making any law—

(a)  regulating  or  restricting  any  economic,  financial,  political  or

other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open

of  Hindu  religious  institutions  of  a  public  character  to  all  classes  and

sections of Hindus.

Explanation I.—The wearing and carrying of kirpans shall be deemed to

be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus

shall be construed as including a reference to persons professing the Sikh, Jaina

or Buddhist religion, and the reference to Hindu religious institutions shall be

construed accordingly.


shall be construed as including a reference to persons professing the Sikh, Jaina

or Buddhist religion, and the reference to Hindu religious institutions shall be

construed accordingly.

26.  Freedom  to  manage  religious  affairs.—Subject  to  public  order,

morality and health, every religious denomination or any section thereof shall

have the right—

45

(a) to establish  and  maintain  institutions  for religious  and  charitable

purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

27. Freedom as to payment of taxes for promotion of any particular

religion.—No  person  shall  be  compelled  to  pay  any  taxes,  the  proceeds  of

which are  specifically  appropriated in payment  of expenses  for the promotion

or maintenance of any particular religion or religious denomination.

28.  Freedom  as  to  attendance  at  religious  instruction  or  religious

worship  in  certain  educational  institutions.—(1)  No  religious  instruction

shall be provided in any educational institution wholly maintained out of State

funds.

(2) Nothing in clause (1) shall apply to an educational institution which

is administered by the State but has been established under any  endowment or

trust  which  requires  that  religious  instruction  shall  be  imparted  in  such

institution.

(3)  No  person  attending  any  educational  institution  recognised  by  the

State  or receiving  aid  out  of  State  funds  shall be required to  take  part in any

religious instruction that  may  be  imparted  in  such  institution  or to  attend  any


religious instruction that  may  be  imparted  in  such  institution  or to  attend  any

religious worship that may be conducted in such institution or in any premises

attached thereto unless such person or, if such person is a minor, his guardian

has given his consent thereto.

Cultural and Educational Rights

29.  Protection  of  interests  of  minorities.—(1)  Any  section  of  the

citizens  residing  in the territory  of  India  or  any  part  thereof  having  a  distinct

language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution

maintained by the State or receiving aid out of State funds on grounds only of

religion, race, caste, language or any of them.

30.  Right  of  minorities  to  establish  and  administer  educational

institutions.—(1) All minorities, whether based on religion or language, shall

46

have  the  right  to  establish  and  administer  educational  institutions  of  their

choice.

1[(1A)  In  making  any  law  providing  for  the  compulsory  acquisition  of

any  property  of  an  educational  institution  established  and  administered  by  a

minority, referred to in clause (1), the State shall ensure that the amount fixed

by or determined under such law for the acquisition of such property is such as

would not restrict or abrogate the right guaranteed under that clause.]

(2)  The  State  shall  not,  in  granting  aid  to  educational  institutions,

discriminate  against  any  educational institution  on  the  ground that  it is  under


discriminate  against  any  educational institution  on  the  ground that  it is  under

the management of a minority, whether based on religion or language.

2*

31. [Compulsory acquisition of property.].—Omitted by the Constitution

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

3[Saving of Certain Laws]

4[31A.  Saving  of  laws  providing  for  acquisition  of  estates,  etc.—

5[(1)    Notwithstanding    anything  contained  in  article  13,  no  law  providing

for—

(a) the acquisition by the State of any estate or of any rights therein

or the extinguishment or modification of any such rights, or

(b)  the  taking  over  of  the  management  of  any  property  by  the  State

for a limited period either in the public interest or in order to secure the

proper management of the property, or

(c)  the amalgamation of two or more corporations either in the public

interest  or  in  order  to  secure  the  proper  management  of  any  of  the

corporations, or

(d)  the  extinguishment  or  modification  of  any  rights  of  managing

agents,  secretaries  and  treasurers,  managing  directors,  directors  or

1.  Ins. by the Constitution (Forty-fourth  Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).

2. The sub-heading "Right to Property" omitted by s. 5, ibid. (w.e.f. 20-6-1979).


2. The sub-heading "Right to Property" omitted by s. 5, ibid. (w.e.f. 20-6-1979).

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

4. Ins. by the Constitution (First Amendment) Act, 1951, s. 4, (with retrospective effect).

5 .  Subs.  by  the  Constitution  (Fourth  Amendment)  Act,  1955,  s.  3,  for  cl.  (1)  (with

retrospective effect).

47

managers of corporations, or of any voting rights of shareholders thereof,

or

(e)  the  extinguishment  or  modification  of  any  rights  accruing  by

virtue of any agreement, lease or licence for the purpose of searching for,

or winning, any mineral or mineral oil, or the premature termination or

cancellation of any such agreement, lease or licence,

shall be deemed to be void on the ground that it is inconsistent with, or takes

away or abridges any of the rights conferred by 1[article 14 or article 19]:

Provided that where such law is a law made by the Legislature of a State,

the  provisions  of  this  article  shall  not  apply  thereto  unless  such  law,  having

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

2 [Provided  further  that  where  any  law  makes  any  provision  for  the

acquisition by the State of any estate and where any land comprised therein is


2 [Provided  further  that  where  any  law  makes  any  provision  for  the

acquisition by the State of any estate and where any land comprised therein is

held  by  a  person  under  his  personal  cultivation,  it  shall  not  be  lawful  for  the

State to acquire any portion of such land as is within the ceiling limit applicable

to  him  under  any  law  for the  time  being in  force  or  any  building  or  structure

standing  thereon  or  appurtenant  thereto,  unless  the  law  relating  to  the

acquisition  of  such  land,  building  or  structure,  provides  for  payment  of

compensation at a rate which shall not be less than the market value thereof.]

(2) In this article,—

3[(a) the expression “estate” shall, in relation to any local area, have

the  same  meaning  as  that  expression  or  its  local  equivalent  has  in  the

existing law  relating to  land tenures  in  force in  that area  and  shall also

include—

(i) any jagir, inam or muafi or other similar grant and in the States

of 4[Tamil Nadu] and Kerala, any janmam right;

(ii) any land held under ryotwari settlement;

(iii)  any  land  held  or  let  for  purposes  of  agriculture  or  for

purposes ancillary thereto, including waste land, forest land, land for

1. Subs. by  the Constitution (Forty-fourth   Amendment)  Act, 1978, s. 7,  for "article 14,


1. Subs. by  the Constitution (Forty-fourth   Amendment)  Act, 1978, s. 7,  for "article 14,

article 19 or article 31" (w.e.f. 20-6-1979).

2. Ins. by the Constitution (Seventeenth  Amendment) Act, 1964, s. 2(i) (w.e.f. 20-6-1964).

3. Subs. by s.2(ii), ibid., for sub-clause (a) (with retrospective effect).

4.  Subs.  by  the  Madras  State  (Alteration  of  Name)  Act,  1968  (53  of  1968),  s.  4,  for

"Madras" (w.e.f. 14-1-1969).

48

pasture  or  sites  of  buildings  and  other  structures  occupied  by

cultivators of land, agricultural labourers and village artisans;]

(b) the expression “rights”, in relation to an estate, shall include any

rights  vesting  in  a  proprietor,  sub-proprietor,  under-proprietor,  tenure-

holder, 1[raiyat,  under-raiyat]  or  other  intermediary  and  any  rights  or

privileges in respect of land revenue.]

2 [31B.  Validation  of  certain  Acts  and  Regulations.—Without

prejudice  to the  generality  of  the  provisions  contained in  article  31A,  none  of

the  Acts  and  Regulations  specified  in  the  Ninth  Schedule  nor  any  of  the


the  Acts  and  Regulations  specified  in  the  Ninth  Schedule  nor  any  of  the

provisions thereof shall be deemed to be void, or ever to have become void, on

the ground that such Act, Regulation or provision is inconsistent with, or takes

away or abridges any of the rights conferred by, any provisions of this Part, and

notwithstanding any judgment, decree or order of any court or Tribunal to the

contrary,  each  of  the said  Acts  and  Regulations shall,  subject  to the power  of

any competent Legislature to repeal or amend it, continue in force.]

3[31C.  Saving  of laws giving effect to  certain  directive  principles.—

Notwithstanding  anything  contained  in  article  13,  no  law  giving  effect  to  the

policy of the State towards securing 4[all or any of the principles laid down in

Part IV] shall be deemed to be void on the ground that it is inconsistent with, or

takes away or abridges any of the rights conferred by 5[article 14 or article 19;]

6[and no law containing a declaration that it is for giving effect to such policy

shall be called in question in any court on the ground that it does not give effect

to such policy]:

Provided that where such law is made by the Legislature of a State, the

provisions  of this article  shall not apply  thereto  unless such law, having  been

reserved for the consideration of the President, has received his assent.]

1. Ins. by the Constitution (Fourth  Amendment) Act, 1955, s. 3 (with retrospective effect).


1. Ins. by the Constitution (Fourth  Amendment) Act, 1955, s. 3 (with retrospective effect).

2. Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951).

3. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).

4.  Subs.  by  the  Constitution    (Forty-second    Amendment)  Act,  1976,  s.  4,  for  “the  principles

specified  in  clause  (b)  or  clause  (c)  of  article  39”  (w.e.f.  3-1-1977).  Section  4  has  been

declared invalid by  the Supreme Court in Minerva Mills Ltd. and Others Vs Union of India

and Others,  AIR 1980 SC 1789.

5. Subs. by the Constitution  (Forty-fourth  Amendment) Act, 1978, s. 8, for “article 14, article

19 or article 31” (w.e.f. 20-6-1979).

6. The words in italics struck down by the Supreme Court in Kesavananda Bharati vs. State of

Kerala, AIR 1973,  SC 1461.

49

131D.  [Saving  of  laws in  respect  of  anti-national  activities.].—Omitted

by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).

Right  to Constitutional Remedies


by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).

Right  to Constitutional Remedies

32. Remedies for enforcement of rights conferred by this Part.—(1)

The  right  to  move  the  Supreme  Court  by  appropriate  proceedings  for  the

enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or

writs, including  writs in  the nature  of  habeas corpus,  mandamus,  prohibition,

quo  warranto  and  certiorari,  whichever  may  be  appropriate,  for  the

enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by

clauses (1) and (2), Parliament may by law empower any other court to exercise

within the local limits of its jurisdiction all or any of the powers exercisable by

the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as

otherwise provided for by this Constitution.

232A.  [Constitutional  validity  of  State  laws  not  to  be  considered  in

proceedings  under  article  32.].—Omitted  by  the  Constitution  (Forty-third

Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).

3[33. Power of Parliament to modify the rights conferred by this Part

in their application to Forces, etc.—Parliament may, by law, determine to what

extent any of the rights conferred by this Part shall, in their application to,—


in their application to Forces, etc.—Parliament may, by law, determine to what

extent any of the rights conferred by this Part shall, in their application to,—

(a)  the members of the Armed Forces; or

(b) the members of the Forces charged with the  maintenance of

public order; or

(c) persons employed in any bureau or other organisation established

by the State for purposes of intelligence or counter intelligence; or

(d) person employed in, or in connection with, the telecommunication

systems  set  up  for  the  purposes  of  any  Force,  bureau  or  organisation

referred to in clauses (a) to (c),

be  restricted  or  abrogated so  as  to  ensure the  proper discharge  of  their  duties

and the maintenance of discipline among them.]

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

2. Ins. by the Constitution  (Forty-second  Amendment) Act, 1976, s. 6 (w.e.f. 1-2-1977).

3 .  Subs.  by  the  Constitution  (Fiftieth  Amendment)  Act,  1984,  s.  2,  for  art.  33

(w.e.f. 11-9-1984).

50

34. Restriction on rights conferred by  this Part while martial law is

in  force  in  any  area.—Notwithstanding  anything  in the  foregoing  provisions

of this Part, Parliament may by law indemnify any person in the service of the


in  force  in  any  area.—Notwithstanding  anything  in the  foregoing  provisions

of this Part, Parliament may by law indemnify any person in the service of the

Union  or  of  a  State  or  any  other  person in  respect  of  any  act  done  by  him in

connection with the maintenance or restoration of order in any area within the

territory  of  India  where  martial  law  was  in  force  or  validate  any  sentence

passed, punishment inflicted, forfeiture ordered or other act done under martial

law in such area.

35.  Legislation  to  give  effect  to  the  provisions  of  this  Part.—

Notwithstanding anything in this Constitution,—

(a)  Parliament  shall  have,  and  the  Legislature  of  a  State  shall  not

have, power to make laws—

(i)  with  respect  to  any  of  the  matters  which  under  clause  (3)  of

article  16,  clause  (3)  of  article  32,  article  33  and  article  34  may  be

provided for by law made by Parliament; and

(ii)  for  prescribing  punishment  for  those acts  which are  declared

to be offences under this Part,

and Parliament shall, as soon as may be after the commencement of this

Constitution, make laws for prescribing punishment for the acts referred

to in sub-clause (ii);

(b)  any  law  in  force  immediately  before  the  commencement  of  this

Constitution  in the territory  of  India  with  respect  to  any  of  the  matters


Constitution  in the territory  of  India  with  respect  to  any  of  the  matters

referred to in sub-clause (i) of clause (a) or providing for punishment for

any  act  referred to  in  sub-clause  (ii)  of  that  clause  shall,  subject  to  the

terms thereof and to any adaptations and modifications that may be made

therein  under  article  372,  continue  in  force  until  altered  or  repealed  or

amended by Parliament.

Explanation.—In this article, the expression "law in force'' has the same

meaning as in article 372.

51

PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

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

State” has the same meaning as in Part III.

37.  Application  of  the  principles  contained  in  this  Part.—The

provisions contained in this Part shall not be enforceable by any court, but the

principles therein laid down are nevertheless fundamental in the governance of

the  country  and  it  shall  be  the  duty  of  the  State  to  apply  these  principles  in

making laws.

38. State to secure  a social  order for the promotion  of  welfare of the

people.—1[(1)]  The  State  shall  strive  to  promote  the  welfare  of  the  people  by

securing  and  protecting  as  effectively  as  it  may  a  social  order  in  which  justice,

social, economic and political, shall inform all the institutions of the national life.

2[(2) The State shall, in particular, strive to minimise the inequalities in


social, economic and political, shall inform all the institutions of the national life.

2[(2) The State shall, in particular, strive to minimise the inequalities in

income,  and  endeavour  to  eliminate  inequalities  in  status,  facilities  and

opportunities, not only amongst individuals but also amongst groups of people

residing in different areas or engaged in different vocations.]

39.  Certain  principles  of  policy  to  be  followed  by  the  State.—The

State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an

adequate means of livelihood;

(b) that the ownership and control of the material resources of the

community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the

concentration  of  wealth  and  means  of  production  to  the  common

detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and

the tender age of children are not abused and that citizens are not forced

by  economic  necessity  to  enter  avocations  unsuited  to  their  age  or

strength;

1. Art. 38 renumbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f.

20-6-1979).

2. Ins. by s. 9, ibid. (w.e.f. 20-6-1979).

52

1[(f) that children are given opportunities and facilities to develop


52

1[(f) that children are given opportunities and facilities to develop

in  a  healthy  manner and  in  conditions  of  freedom  and  dignity  and  that

childhood and youth are protected against exploitation and against moral

and material abandonment.]

2[39A. Equal justice and free legal aid.—The State shall secure that the

operation of the legal system promotes justice, on a basis of equal opportunity,

and shall, in particular, provide free legal aid, by suitable legislation or schemes

or  in  any  other  way,  to  ensure  that  opportunities  for  securing  justice  are  not

denied to any citizen by reason of economic or other disabilities.]

40. Organisation of village panchayats.—The State shall take steps to

organise village panchayats and endow them with such powers and authority as

may be necessary to enable them to function as units of self-government.

41.  Right  to  work,  to  education  and  to  public  assistance  in  certain

cases.—The  State  shall,  within  the  limits  of  its  economic  capacity  and

development,  make  effective  provision  for  securing  the  right  to  work,  to

education and to public assistance in cases of unemployment, old age, sickness

and disablement, and in other cases of undeserved want.

42. Provision for just and humane conditions of work and maternity

relief.—The  State  shall  make  provision  for  securing  just  and  humane

conditions of work and for maternity relief.

43.  Living  wage,  etc.,  for  workers.—The  State  shall  endeavour  to

secure, by suitable legislation or economic organisation or in any other way, to


43.  Living  wage,  etc.,  for  workers.—The  State  shall  endeavour  to

secure, by suitable legislation or economic organisation or in any other way, to

all  workers,  agricultural,  industrial  or  otherwise,  work,  a  living  wage,

conditions  of  work  ensuring  a  decent  standard  of  life  and  full  enjoyment  of

leisure  and  social  and  cultural  opportunities  and,  in  particular,  the  State  shall

endeavour to promote cottage industries on an individual or co-operative basis

in rural areas.

3[43A. Participation  of  workers  in  management  of  industries.—The

State shall take steps, by suitable legislation or in any other way, to secure the

participation of workers in the management of undertakings, establishments or

other organisations engaged in any industry.]

1 .  Subs.  by  the  Constitution  (Forty-second  Amendment)  Act,  1976,  s.  7,  for  cl.  (f)

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

2. Ins. by s. 8, ibid. (w.e.f. 3-1-1977).

3. Ins. by s. 9, ibid. (w.e.f. 3-1-1977).

53

1[43B. Promotion of co-operative societies.—The State shall endeavour

to  promote  voluntary  formation,  autonomous  functioning,  democratic  control

and professional management of co-operative societies.]

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

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