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e7474170ecfd-200 | State or the public account of the State or the custody or issue of such
money; or
(g) any matter incidental to any of the matters specified in
sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or for the
demand or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill introduced in the Legislature of
a State which has a Legislative Council is a Money Bill or not, the decision of
the Speaker of the Legislative Assembly of such State thereon shall be final.
121
(4) There shall be endorsed on every Money Bill when it is transmitted
to the Legislative Council under article 198, and when it is presented to the
Governor for assent under article 200, the certificate of the Speaker of the
Legislative Assembly signed by him that it is a Money Bill.
200. Assent to Bills.—When a Bill has been passed by the Legislative
Assembly of a State or, in the case of a State having a Legislative Council, has
been passed by both Houses of the Legislature of the State, it shall be presented | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-201 | Assembly of a State or, in the case of a State having a Legislative Council, has
been passed by both Houses of the Legislature of the State, it shall be presented
to the Governor and the Governor shall declare either that he assents to the Bill
or that he withholds assent therefrom or that he reserves the Bill for the
consideration of the President:
Provided that the Governor may, as soon as possible after the
presentation to him of the Bill for assent, return the Bill if it is not a Money Bill
together with a message requesting that the House or Houses will reconsider
the Bill or any specified provisions thereof and, in particular, will consider the
desirability of introducing any such amendments as he may recommend in his
message and, when a Bill is so returned, the House or Houses shall reconsider
the Bill accordingly, and if the Bill is passed again by the House or Houses
with or without amendment and presented to the Governor for assent, the
Governor shall not withhold assent therefrom:
Provided further that the Governor shall not assent to, but shall reserve
for the consideration of the President, any Bill which in the opinion of the
Governor would, if it became law, so derogate from the powers of the High
Court as to endanger the position which that Court is by this Constitution
designed to fill. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-202 | Court as to endanger the position which that Court is by this Constitution
designed to fill.
201. Bills reserved for consideration.—When a Bill is reserved by a
Governor for the consideration of the President, the President shall declare
either that he assents to the Bill or that he withholds assent therefrom:
Provided that, where the Bill is not a Money Bill, the President may
direct the Governor to return the Bill to the House or, as the case may be, the
Houses of the Legislature of the State together with such a message as is
mentioned in the first proviso to article 200 and, when a Bill is so returned, the
House or Houses shall reconsider it accordingly within a period of six months
from the date of receipt of such message and, if it is again passed by the House
or Houses with or without amendment, it shall be presented again to the
President for his consideration.
122
Procedure in Financial Matters
202. Annual financial statement.—(1) The Governor shall in respect of
every financial year cause to be laid before the House or Houses of the
Legislature of the State a statement of the estimated receipts and expenditure of
the State for that year, in this Part referred to as the “annual financial
statement”.
(2) The estimates of expenditure embodied in the annual financial
statement shall show separately— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-203 | statement”.
(2) The estimates of expenditure embodied in the annual financial
statement shall show separately—
(a) the sums required to meet expenditure described by this
Constitution as expenditure charged upon the Consolidated Fund of the
State; and
(b) the sums required to meet other expenditure proposed to be made
from the Consolidated Fund of the State;
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the
Consolidated Fund of each State—
(a) the emoluments and allowances of the Governor and other
expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy
Speaker of the Legislative Assembly and, in the case of a State having a
Legislative Council, also of the Chairman and the Deputy Chairman of
the Legislative Council;
(c) debt charges for which the State is liable including interest,
sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of
any High Court;
(e) any sums required to satisfy any judgment, decree or award of any
court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the
Legislature of the State by law, to be so charged.
203. Procedure in Legislature with respect to estimates.—(1) So | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-204 | Legislature of the State by law, to be so charged.
203. Procedure in Legislature with respect to estimates.—(1) So
much of the estimates as relates to expenditure charged upon the Consolidated
Fund of a State shall not be submitted to the vote of the Legislative Assembly,
but nothing in this clause shall be construed as preventing the discussion in the
Legislature of any of those estimates.
123
(2) So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the Legislative Assembly, and
the Legislative Assembly shall have power to assent, or to refuse to assent, to
any demand, or to assent to any demand subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made except on the recommendation
of the Governor.
204. Appropriation Bills.—(1) As soon as may be after the grants under
article 203 have been made by the Assembly, there shall be introduced a Bill to
provide for the appropriation out of the Consolidated Fund of the State of all
moneys required to meet—
(a) the grants so made by the Assembly; and
(b) the expenditure charged on the Consolidated Fund of the State but
not exceeding in any case the amount shown in the statement previously
laid before the House or Houses.
(2) No amendment shall be proposed to any such Bill in the House or
either House of the Legislature of the State which will have the effect of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-205 | either House of the Legislature of the State which will have the effect of
varying the amount or altering the destination of any grant so made or of
varying the amount of any expenditure charged on the Consolidated Fund of
the State, and the decision of the person presiding as to whether an amendment
is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 205 and 206, no money shall be
withdrawn from the Consolidated Fund of the State except under appropriation
made by law passed in accordance with the provisions of this article.
205. Supplementary, additional or excess grants.—(1) The Governor
shall—
(a) if the amount authorised by any law made in accordance with the
provisions of article 204 to be expended for a particular service for the
current financial year is found to be insufficient for the purposes of that
year or when a need has arisen during the current financial year for
supplementary or additional expenditure upon some new service not
contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial
year in excess of the amount granted for that service and for that year,
124
cause to be laid before the House or the Houses of the Legislature of the State
another statement showing the estimated amount of that expenditure or cause to
be presented to the Legislative Assembly of the State a demand for such excess,
as the case may be. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-206 | another statement showing the estimated amount of that expenditure or cause to
be presented to the Legislative Assembly of the State a demand for such excess,
as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in
relation to any such statement and expenditure or demand and also to any law
to be made authorising the appropriation of moneys out of the Consolidated
Fund of the State to meet such expenditure or the grant in respect of such
demand as they have effect in relation to the annual financial statement and the
expenditure mentioned therein or to a demand for a grant and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated
Fund of the State to meet such expenditure or grant.
206. Votes on account, votes of credit and exceptional grants.—(1)
Notwithstanding anything in the foregoing provisions of this Chapter, the
Legislative Assembly of a State shall have power—
(a) to make any grant in advance in respect of the estimated
expenditure for a part of any financial year pending the completion of
the procedure prescribed in article 203 for the voting of such grant and
the passing of the law in accordance with the provisions of article 204 in
relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-207 | relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the
resources of the State when on account of the magnitude or the indefinite
character of the service the demand cannot be stated with the details
ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current
service of any financial year;
and the Legislature of the State shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund of the State for the purposes
for which the said grants are made.
(2) The provisions of articles 203 and 204 shall have effect in relation to
the making of any grant under clause (1) and to any law to be made under that
clause as they have effect in relation to the making of a grant with regard to any
expenditure mentioned in the annual financial statement and the law to be made
for the authorisation of appropriation of moneys out of the Consolidated Fund
of the State to meet such expenditure.
125
207. Special provisions as to financial Bills.—(1) A Bill or amendment
making provision for any of the matters specified in sub-clauses (a) to (f) of
clause (1) of article 199 shall not be introduced or moved except on the
recommendation of the Governor, and a Bill making such provision shall not be
introduced in a Legislative Council:
Provided that no recommendation shall be required under this clause for
the moving of an amendment making provision for the reduction or abolition of
any tax. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-208 | introduced in a Legislative Council:
Provided that no recommendation shall be required under this clause for
the moving of an amendment making provision for the reduction or abolition of
any tax.
(2) A Bill or amendment shall not be deemed to make provision for any
of the matters aforesaid by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees for
licences or fees for services rendered, or by reason that it provides for the
imposition, abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve
expenditure from the Consolidated Fund of a State shall not be passed by a
House of the Legislature of the State unless the Governor has recommended to
that House the consideration of the Bill.
Procedure Generally
208. Rules of procedure.—(1) A House of the Legislature of a State
may make rules for regulating, subject to the provisions of this Constitution, its
procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constitution with respect to the Legislature for the corresponding Province shall
have effect in relation to the Legislature of the State subject to such modifications | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-209 | Constitution with respect to the Legislature for the corresponding Province shall
have effect in relation to the Legislature of the State subject to such modifications
and adaptations as may be made therein by the Speaker of the Legislative
Assembly, or the Chairman of the Legislative Council, as the case may be.
(3) In a State having a Legislative Council the Governor, after
consultation with the Speaker of the Legislative Assembly and the Chairman of
the Legislative Council, may make rules as to the procedure with respect to
communications between the two Houses.
The brackets and words "(including the quorum to constitute a meeting of the House)"
ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 35 (date not notified).
This amendment was omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 45 (w.e.f. 20-6-1979).
126
209. Regulation by law of procedure in the Legislature of the State in
relation to financial business.—The Legislature of a State may, for the purpose
of the timely completion of financial business, regulate by law the procedure of,
and the conduct of business in, the House or Houses of the Legislature of the
State in relation to any financial matter or to any Bill for the appropriation of
moneys out of the Consolidated Fund of the State, and, if and so far as any | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-210 | moneys out of the Consolidated Fund of the State, and, if and so far as any
provision of any law so made is inconsistent with any rule made by the House or
either House of the Legislature of the State under clause (1) of article 208 or with
any rule or standing order having effect in relation to the Legislature of the State
under clause (2) of that article, such provision shall prevail.
210. Language to be used in the Legislature.—(1) Notwithstanding
anything in Part XVII, but subject to the provisions of article 348, business in
the Legislature of a State shall be transacted in the official language or
languages of the State or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or Chairman of
the Legislative Council, or person acting as such, as the case may be, may
permit any member who cannot adequately express himself in any of the
languages aforesaid to address the House in his mother-tongue.
(2) Unless the Legislature of the State by law otherwise provides, this
article shall, after the expiration of a period of fifteen years from the
commencement of this Constitution, have effect as if the words “or in English”
were omitted therefrom:
1[Provided that in relation to the 2[Legislatures of the States of Himachal | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-211 | were omitted therefrom:
1[Provided that in relation to the 2[Legislatures of the States of Himachal
Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for
the words “fifteen years” occurring therein, the words “twenty-five years” were
substituted:]
3[Provided further that in relation to the 4[Legislatures of the States of
5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for
the words "fifteen years" occurring therein, the words "forty years" were
substituted.]
1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"Legislature of the State of Himachal Pradesh" (w.e.f. 21-1-1972).
3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).
4. Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for "Legislature
of the State of Mizoram" (w.e.f. 20-2-1987). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-212 | of the State of Mizoram" (w.e.f. 20-2-1987).
5. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for
"Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987).
127
211. Restriction on discussion in the Legislature.—No discussion
shall take place in the Legislature of a State with respect to the conduct of any
Judge of the Supreme Court or of a High Court in the discharge of his duties.
212. Courts not to inquire into proceedings of the Legislature.—(1)
The validity of any proceedings in the Legislature of a State shall not be called
in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers
are vested by or under this Constitution for regulating procedure or the conduct
of business, or for maintaining order, in the Legislature shall be subject to the
jurisdiction of any court in respect of the exercise by him of those powers.
CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of
Legislature.—(1) If at any time, except when the Legislative Assembly of a
State is in session, or where there is a Legislative Council in a State, except
when both Houses of the Legislature are in session, the Governor is satisfied | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-213 | when both Houses of the Legislature are in session, the Governor is satisfied
that circumstances exist which render it necessary for him to take immediate
action, he may promulgate such Ordinances as the circumstances appear to
him to require:
Provided that the Governor shall not, without instructions from the
President, promulgate any such Ordinance if—
(a) a Bill containing the same provisions would under this
Constitution have required the previous sanction of the President for the
introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill
containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same
provisions would under this Constitution have been invalid unless,
having been reserved for the consideration of the President, it had
received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of the Legislature of the State assented to by the
Governor, but every such Ordinance—
128
(a) shall be laid before the Legislative Assembly of the State, or
where there is a Legislative Council in the State, before both the Houses, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-214 | 128
(a) shall be laid before the Legislative Assembly of the State, or
where there is a Legislative Council in the State, before both the Houses,
and shall cease to operate at the expiration of six weeks from the
reassembly of the Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative Assembly and
agreed to by the Legislative Council, if any, upon the passing of the
resolution or, as the case may be, on the resolution being agreed to by
the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a
Legislative Council are summoned to reassemble on different dates, the period
of six weeks shall be reckoned from the later of those dates for the purposes of
this clause.
(3) If and so far as an Ordinance under this article makes any provision
which would not be valid if enacted in an Act of the Legislature of the State
assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution
relating to the effect of an Act of the Legislature of a State which is repugnant
to an Act of Parliament or an existing law with respect to a matter enumerated
in the Concurrent List, an Ordinance promulgated under this article in | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-215 | in the Concurrent List, an Ordinance promulgated under this article in
pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of the
President and assented to by him.
1(4)*
* *
CHAPTER V.—THE HIGH COURTS IN THE STATES
214. High Courts for States.—2*** There shall be a High Court for each
State.
3(2)* * * *
3(3)* * * *
215. High Courts to be courts of record.—Every High Court shall be a
court of record and shall have all the powers of such a court including the
power to punish for contempt of itself.
1. Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (with
retrospective effect) and omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 27 (w.e.f. 20-6-1979).
2. The bracket and figure "(1)" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Cls. (2) and (3) omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
129
216. Constitution of High Courts.—Every High Court shall consist of a | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-216 | 129
216. Constitution of High Courts.—Every High Court shall consist of a
Chief Justice and such other Judges as the President may from time to time
deem it necessary to appoint.
* * *
1*
217. Appointment and conditions of the office of a Judge of a High
Court.—(1) Every Judge of a High Court shall be appointed by the President
by warrant under his hand and seal 2[on the recommendation of the National
Judicial Appointments Commission referred to in article 124A], and the
Governor of the State, and, in the case of appointment of a Judge other than the
Chief Justice, the Chief Justice of the High Court, 3[shall hold office, in the
case of an additional or acting Judge, as provided in article 224, and in any
other case, until he attains the age of 4[sixty-two years:]]
Provided that—
(a) a Judge may, by writing under his hand addressed to the
President, resign his office;
(b) a Judge may be removed from his office by the President in the
manner provided in clause (4) of article 124 for the removal of a Judge
of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by
the President to be a Judge of the Supreme Court or by his being | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-217 | the President to be a Judge of the Supreme Court or by his being
transferred by the President to any other High Court within the territory
of India.
(2) A person shall not be qualified for appointment as a Judge of a High
Court unless he is a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of
India; or
1 . Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, s. 11
(w.e.f. 1-11-1956).
2 . Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6, for "after
consultation with the Chief Justice of India, the Governor of the State, and, in the case
of appointment of a Judge other than the Chief Justice, the Chief Justice of the High
Court" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme
Court in the case of Supreme Court Advocates-on-Record Association and Another Vs.
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
3. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office
until he attains the age of sixty years" (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-218 | until he attains the age of sixty years" (w.e.f. 1-11-1956).
4. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(a), for "sixty years"
(w.e.f. 5-10-1963).
130
(b) has for at least ten years been an advocate of a High Court
1*** or of two or more such Courts in succession.2***
2(c)* * * * *
Explanation.—For the purposes of this clause—
3[(a) in computing the period during which a person has held
judicial office in the territory of India, there shall be included any period,
after he has held any judicial office, during which the person has been an
advocate of a High Court or has held the office of a member of a tribunal
or any post, under the Union or a State, requiring special knowledge of
law;]
4[(aa)] in computing the period during which a person has been an
advocate of a High Court, there shall be included any period during
which the person 5[has held judicial office or the office of a member of a
tribunal or any post, under the Union or a State, requiring special
knowledge of law] after he became an advocate;
(b) in computing the period during which a person has held judicial
office in the territory of India or been an advocate of a High Court, there | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-219 | (b) in computing the period during which a person has held judicial
office in the territory of India or been an advocate of a High Court, there
shall be included any period before the commencement of this
Constitution during which he has held judicial office in any area which
was comprised before the fifteenth day of August, 1947, within India as
defined by the Government of India Act, 1935, or has been an advocate
of any High Court in any such area, as the case may be.
6[(3) If any question arises as to the age of a Judge of a High Court, the
question shall be decided by the President after consultation with the Chief
Justice of India and the decision of the President shall be final.]
1. The words "in any State specified in the First Schedule" omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2 . The word "or" and sub-clause (c) were ins. by the Constitution (Forty-second
Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. s. 28 (w.e.f. 20-6-1979). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-220 | 3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978. s. 28 (w.e.f. 20-6-1979).
4. Cl. (a) re-lettered as cl. (aa) by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 28 (w.e.f. 20-6-1979).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for "has held
judicial office" (w.e.f. 3-1-1977).
6. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(b), (with retrospective
effect).
131
218. Application of certain provisions relating to Supreme Court to
High Courts.—The provisions of clauses (4) and (5) of article 124 shall apply
in relation to a High Court as they apply in relation to the Supreme Court with
the substitution of references to the High Court for references to the Supreme
Court.
219. Oath or affirmation by Judges of High Courts.—Every person
appointed to be a Judge of a High Court 1*** shall, before he enters upon his
office, make and subscribe before the Governor of the State, or some person
appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule.
2[220. Restriction on practice after being a permanent Judge.—No
person who, after the commencement of this Constitution, has held office as a | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-221 | 2[220. Restriction on practice after being a permanent Judge.—No
person who, after the commencement of this Constitution, has held office as a
permanent Judge of a High Court shall plead or act in any court or before any
authority in India except the Supreme Court and the other High Courts.
Explanation.—In this article, the expression “High Court” does not
include a High Court for a State specified in Part B of the First Schedule as it
existed before the commencement3 of the Constitution (Seventh Amendment)
Act, 1956.]
221. Salaries, etc., of Judges.—4[(1) There shall be paid to the Judges
of each High Court such salaries as may be determined by Parliament by law
and, until provision in that behalf is so made, such salaries as are specified in
the Second Schedule.]
(2) Every Judge shall be entitled to such allowances and to such rights in
respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so determined, to
such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect
to leave of absence or pension shall be varied to his disadvantage after his
appointment.
1. The words "in a State" omitted by the Constitution (Seventh Amendment) Act, 1956,
s. 29 and Sch. (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-222 | s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 13, ibid. (w.e.f. 1-11-1956).
3. 1st November, 1956.
4. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for clause (1)
(w.e.f. 1-4-1986).
132
222. Transfer of a Judge from one High Court to another.—(1) The
President may, 1[on the recommendation of the National Judicial Appointments
Commission referred to in article 124A], transfer a Judge from one High Court
to any other High Court 2***.
3[(2) When a Judge has been or is so transferred, he shall, during the
period he serves, after the commencement of the Constitution (Fifteenth
Amendment) Act, 1963, as a Judge of the other High Court, be entitled to
receive in addition to his salary such compensatory allowance as may be
determined by Parliament by law and, until so determined, such compensatory
allowance as the President may by order fix.]
223. Appointment of acting Chief Justice.—When the office of Chief
Justice of a High Court is vacant or when any such Chief Justice is, by reason
of absence or otherwise, unable to perform the duties of his office, the duties of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-223 | Justice of a High Court is vacant or when any such Chief Justice is, by reason
of absence or otherwise, unable to perform the duties of his office, the duties of
the office shall be performed by such one of the other Judges of the Court as
the President may appoint for the purpose.
4 [224. Appointment of additional and acting Judges.—(1) If by
reason of any temporary increase in the business of a High Court or by reason
of arrears of work therein, it appears to the President that the number of the
Judges of that Court should be for the time being increased, 5[the President
may, in consultation with the National Judicial Appointments Commission,
appoint] duly qualified persons to be additional Judges of the Court for such
period not exceeding two years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by
1 . Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7, for "after
consultation with the Chief Justice of India" (w.e.f. 13-4-2015). This amendment has
been struck down by the Supreme Court in the case of Supreme Court Advocates-on-
Record Association and Another Vs. Union of India in its judgment dated 16-10-2015,
AIR 2016 SC 117. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-224 | Record Association and Another Vs. Union of India in its judgment dated 16-10-2015,
AIR 2016 SC 117.
2 . The words "within the territory of India" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).
3. Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956,
s. 14 (w.e.f. 1-11-1956) and subsequently ins. by the Constitution (Fifteenth
Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963).
4 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 for art. 224
(w.e.f. 1-11-1956).
5 . Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8, for "the
President may appoint" (w.e.f. 13-4-2015). This amendment has been struck down, by
the Supreme Court in the case of Supreme Court Advocates-on-Record Association
and Another Vs. Union of India in its judgment, dated 16-10-2015, AIR 2016 SC 117.
133
reason of absence or for any other reason unable to perform the duties of his | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-225 | 133
reason of absence or for any other reason unable to perform the duties of his
office or is appointed to act temporarily as Chief Justice, 1[the President may,
in consultation with the National Judicial Appointments Commission, appoint]
a duly qualified person to act as a Judge of that Court until the permanent Judge
has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High
Court shall hold office after attaining the age of 2[sixty-two years].]
3[224A. Appointment of retired Judges at sittings of High Courts.—
Notwithstanding anything in this Chapter, 4[the National Judicial Appointments
Commission on a reference made to it by the Chief Justice of a High Court for
any State, may with the previous consent of the President], request any person
who has held the office of a Judge of that Court or of any other High Court to
sit and act as a Judge of the High Court for that State, and every such person so
requested shall, while so sitting and acting, be entitled to such allowances as
the President may by order determine and have all the jurisdiction, powers and
privileges of, but shall not otherwise be deemed to be, a Judge of that High
Court:
Provided that nothing in this article shall be deemed to require any such
person as aforesaid to sit and act as a Judge of that High Court unless he
consents so to do.]
225. Jurisdiction of existing High Courts.—Subject to the provisions | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-226 | consents so to do.]
225. Jurisdiction of existing High Courts.—Subject to the provisions
of this Constitution and to the provisions of any law of the appropriate
Legislature made by virtue of powers conferred on that Legislature by this
Constitution, the jurisdiction of, and the law administered in, any existing High
Court, and the respective powers of the Judges thereof in relation to the
administration of justice in the Court, including any power to make rules of
Court and to regulate the sittings of the Court and of members thereof sitting
alone or in Division Courts, shall be the same as immediately before the
commencement of this Constitution:
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 8 for "the President
may appoint" (w.e.f. 13-4-2015). This amendment has been struck down by the
Supreme Court in the case of Supreme Court Advocates-on-Record Association and
Another Vs. Union of India in its judgment, dated 16-10-2015, AIR 2016 SC 117.
2 Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for "sixty years"
(w.e.f. 5-10-1963). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-227 | (w.e.f. 5-10-1963).
3. Ins. by s. 7, ibid. (w.e.f. 5-10-1963).
4. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 9, for "the Chief
Justice of a High Court for any State may at any time, with the previous consent of the
President" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme
Court in the case of Supreme Court Advocates-on-Record Association and Another Vs.
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
134
1 [Provided that any restriction to which the exercise of original
jurisdiction by any of the High Courts with respect to any matter concerning
the revenue or concerning any act ordered or done in the collection thereof was
subject immediately before the commencement of this Constitution shall no
longer apply to the exercise of such jurisdiction.]
2 [226. Power of High Courts to
issue certain writs.—(1)
Notwithstanding anything in article 32 3 ***, every High Court shall have
power, throughout the territories in relation to which it exercises jurisdiction, to
issue to any person or authority, including in appropriate cases, any
Government, within those territories directions, orders or writs, including | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-228 | Government, within those territories directions, orders or writs, including
4[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, or any of them, for the enforcement of any of the rights
conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs
to any Government, authority or person may also be exercised by any High
Court exercising jurisdiction in relation to the territories within which the cause
of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories.
5[(3) Where any party against whom an interim order, whether by way of
injunction or stay or in any other manner, is made on, or in any proceedings
relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents
in support of the plea for such interim order; and
1 . Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37
(w.e.f. 1-2-1977) and subsequently ins. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 29 (w.e.f. 20-6-1979). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-229 | Act, 1978, s. 29 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38 for art. 226
(w.e.f. 1-2-1977).
3. The words, figures and letters "but subject to the provisions of article 131A and article
226A" omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7
(w.e.f. 13-4-1978).
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion
beginning with "writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them" and ending with "such illegality has resulted
in substantial failure of justice." (w.e.f. 1-8-1979).
5. Subs. by s.30, ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979).
135
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and
furnishes a copy of such application to the party in whose favour such order has
been made or the counsel of such party, the High Court shall dispose of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-230 | been made or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is received or
from the date on which the copy of such application is so furnished, whichever is
later, or where the High Court is closed on the last day of that period, before the
expiry of the next day afterwards on which the High Court is open; and if the
application is not so disposed of, the interim order shall, on the expiry of that
period, or, as the case may be, the expiry of the said next day, stand vacated.]
1[(4) The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme Court by clause (2) of article 32.]
2[226A. Constitutional validity of Central laws not to be considered in
proceedings under article 226.].—Omitted by the Constitution (Forty-third
Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).
227. Power of superintendence over all courts by the High Court.—
3[(1) Every High Court shall have superintendence over all courts and tribunals
throughout the territories in relation to which it exercises jurisdiction.]
(2) Without prejudice to the generality of the foregoing provision, the
High Court may—
(a) call for returns from such courts; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-231 | (2) Without prejudice to the generality of the foregoing provision, the
High Court may—
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating
the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept
by the officers of any such courts.
(3) The High Court may also settle tables of fees to be allowed to the
sheriff and all clerks and officers of such courts and to attorneys, advocates and
pleaders practising therein:
1. Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 30 (w.e.f. 1-8-1979).
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).
3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 40, for cl. (1)
(w.e.f. 1-2-1977) and further subs. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 31, for cl. (1) (w.e.f. 20-6-1979).
136
Provided that any rules made, forms prescribed or tables settled under
clause (2) or clause (3) shall not be inconsistent with the provision of any law | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-232 | clause (2) or clause (3) shall not be inconsistent with the provision of any law
for the time being in force, and shall require the previous approval of the
Governor.
(4) Nothing in this article shall be deemed to confer on a High Court
powers of superintendence over any court or tribunal constituted by or under
any law relating to the Armed Forces.
1(5)* * * *
228. Transfer of certain cases to High Court.—If the High Court is
satisfied that a case pending in a court subordinate to it involves a substantial
question of law as to the interpretation of this Constitution the determination of
which is necessary for the disposal of the case, 2[it shall withdraw the case and
3*** may—]
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the
court from which the case has been so withdrawn together with a copy of
its judgment on such question, and the said court shall on receipt thereof
proceed to dispose of the case in conformity with such judgment.
4 [228A. Special provisions as to disposal of questions relating to
constitutional validity of State laws.].—Omitted by the Constitution (Forty-
third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
229. Officers and servants and the expenses of High Courts.—(1) | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-233 | 229. Officers and servants and the expenses of High Courts.—(1)
Appointments of officers and servants of a High Court shall be made by the Chief
Justice of the Court or such other Judge or officer of the Court as he may direct:
1 . Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40
(w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 31 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall
withdraw the case and may—" (w.e.f. 1-2-1977).
3. The words, figures and letter, "subject to the provisions of article 131A," omitted by
the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).
137
Provided that the Governor of the State 1*** may by rule require that in
such cases as may be specified in the rule no person not already attached to the
Court shall be appointed to any office connected with the Court save after
consultation with the State Public Service Commission. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-234 | Court shall be appointed to any office connected with the Court save after
consultation with the State Public Service Commission.
(2) Subject to the provisions of any law made by the Legislature of the
State, the conditions of service of officers and servants of a High Court shall be
such as may be prescribed by rules made by the Chief Justice of the Court or by
some other Judge or officer of the Court authorised by the Chief Justice to
make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate
to salaries, allowances, leave or pensions, require the approval of the Governor
of the State 1***.
(3) The administrative expenses of a High Court, including all salaries,
allowances and pensions payable to or in respect of the officers and servants of
the Court, shall be charged upon the Consolidated Fund of the State, and any
fees or other moneys taken by the Court shall form part of that Fund.
2 [230. Extension of jurisdiction of High Courts to Union
territories.—(1) Parliament may by law extend the jurisdiction of a High Court
to, or exclude the jurisdiction of a High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a
Union territory,—
(a) nothing in this Constitution shall be construed as empowering the
Legislature of the State to increase, restrict or abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-235 | Legislature of the State to increase, restrict or abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts in that territory, be
construed as a reference to the President.
231. Establishment of a common High Court for two or more
States.—(1) Notwithstanding anything contained in the preceding provisions of
this Chapter, Parliament may by law establish a common High Court for two or
more States or for two or more States and a Union territory.
(2) In relation to any such High Court,—
1. The words "in which the High Court has its principal seat" omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 16, ibid., for arts. 230, 231 and 232 (w.e.f. 1-11-1956).
138
1(a)*
*
(b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts, be construed as a
reference to the Governor of the State in which the subordinate courts
are situate; and
(c) the references in articles 219 and 229 to the State shall be
construed as a reference to the State in which the High Court has its
principal seat: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-236 | construed as a reference to the State in which the High Court has its
principal seat:
Provided that if such principal seat is in a Union territory, the references
in articles 219 and 229 to the Governor, Public Service Commission,
Legislature and Consolidated Fund of the State shall be construed respectively
as references to the President, Union Public Service Commission, Parliament
and Consolidated Fund of India.]
[232. Interpretation.—Articles 230, 231 and 232 subs. by articles 230
and 231 by the Constitution (Seventh Amendment) Act, 1956, s. 16
(w.e.f. 1-11-1956)].
CHAPTER VI.—SUBORDINATE COURTS
233. Appointment of district judges.—(1) Appointments of persons to
be, and the posting and promotion of, district judges in any State shall be made
by the Governor of the State in consultation with the High Court exercising
jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall
only be eligible to be appointed a district judge if he has been for not less than
seven years an advocate or a pleader and is recommended by the High Court
for appointment.
1. Cl. (a) was omitted by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 10 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-237 | (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide
its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association and
Another Vs. Union of India reported AIR 2016 SC 117. Before amendment, sub-
clause (a) was as under:—
"(a) the reference in article 217 to the Governor of the State shall be construed as
reference to the Governors of all the States in relation to which the High Court
exercises jurisdiction".
139
1[233A. Validation of appointments of, and judgments, etc.,
delivered by, certain district judges.—Notwithstanding any judgment,
decree or order of any court,—
(a) (i) no appointment of any person already in the judicial service
of a State or of any person who has been for not less than seven years an
advocate or a pleader, to be a district judge in that State, and
(ii) no posting, promotion or transfer of any such person as a
district judge,
made at any time before the commencement of the Constitution (Twentieth
Amendment) Act, 1966, otherwise than in accordance with the provisions
of article 233 or article 235 shall be deemed to be illegal or void or ever to
have become illegal or void by reason only of the fact that such
appointment, posting, promotion or transfer was not made in accordance
with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-238 | with the said provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order
passed or made, and no other act or proceeding done or taken, before the
commencement of the Constitution (Twentieth Amendment) Act, 1966
by, or before, any person appointed, posted, promoted or transferred as a
district judge in any State otherwise than in accordance with the
provisions of article 233 or article 235 shall be deemed to be illegal or
invalid or ever to have become illegal or invalid by reason only of the
fact that such appointment, posting, promotion or transfer was not made
in accordance with the said provisions.]
234. Recruitment of persons other than district judges to the judicial
service.—Appointments of persons other than district judges to the judicial service
of a State shall be made by the Governor of the State in accordance with rules made
by him in that behalf after consultation with the State Public Service Commission
and with the High Court exercising jurisdiction in relation to such State.
235. Control over subordinate courts.—The control over district
courts and courts subordinate thereto including the posting and promotion of,
and the grant of leave to, persons belonging to the judicial service of a State
and holding any post inferior to the post of district judge shall be vested in the
High Court, but nothing in this article shall be construed as taking away from
any such person any right of appeal which he may have under the law | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-239 | any such person any right of appeal which he may have under the law
regulating the conditions of his service or as authorising the High Court to deal
with him otherwise than in accordance with the conditions of his service
prescribed under such law.
1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966).
140
236. Interpretation.—In this Chapter—
(a) the expression “district judge” includes judge of a city civil court,
additional district judge, joint district judge, assistant district judge, chief
judge of a small cause court, chief presidency magistrate, additional
chief presidency magistrate, sessions judge, additional sessions judge
and assistant sessions Judge;
(b) the expression “judicial service” means a service consisting
exclusively of persons intended to fill the post of district judge and other
civil judicial posts inferior to the post of district judge.
237. Application of the provisions of this Chapter to certain class or
classes of magistrates.—The Governor may by public notification direct that
the foregoing provisions of this Chapter and any rules made thereunder shall
with effect from such date as may be fixed by him in that behalf apply in
relation to any class or classes of magistrates in the State as they apply in
relation to persons appointed to the judicial service of the State subject to such | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-240 | relation to persons appointed to the judicial service of the State subject to such
exceptions and modifications as may be specified in the notification.
141
PART VII
[The States in Part B of the First Schedule].
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and
Sch. (w.e.f. 1-11 -1956)
142
PART VIII
1[THE UNION TERRITORIES]
2[239. Administration of Union territories.—(1) Save as otherwise
provided by Parliament by law, every Union territory shall be administered by
the President acting, to such extent as he thinks fit, through an administrator to
be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may
appoint the Governor of a State as the administrator of an adjoining Union
territory, and where a Governor is so appointed, he shall exercise his functions
as such administrator independently of his Council of Ministers.]
3[239A. Creation of local Legislatures or Council of Ministers or
both for certain Union territories.—(1) Parliament may by law create 4[for
the Union territory of 5[Puducherry]]—
(a) a body, whether elected or partly nominated and partly elected, to
function as a Legislature for the Union territory, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be
specified in the law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-241 | specified in the law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be
the purposes of article 368
this Constitution for
an amendment of
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading
"THE STATES IN PART C OF THE FIRST SCHEDULE" (w.e.f. 1-11-1956).
2. Subs. by s. 17, ibid., for arts. 239 and 240 (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4 (w.e.f. 28-12-1962).
4. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63(c), for
"for any of the Union territories of Goa, Daman and Diu and Pondicherry"
(w.e.f. 30-5-1987).
5. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
Article 239A has been made applicable to Union territory of Jammu and Kashmir by
the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) s. 13 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-242 | the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) s. 13
(w.e.f. 31-10-2019).
143
notwithstanding that it contains any provision which amends or has the effect
of amending this Constitution.]
1[239AA. Special provisions with respect to Delhi.—(1) As from the
date of commencement of the Constitution (Sixty-ninth Amendment) Act,
1991, the Union territory of Delhi shall be called the National Capital Territory
of Delhi (hereafter in this Part referred to as the National Capital Territory) and
the administrator thereof appointed under article 239 shall be designated as the
Lieutenant Governor.
(2)(a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members chosen by
direct election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of
seats reserved for Scheduled Castes, the division of the National Capital
Territory into territorial constituencies (including the basis for such division)
and all other matters relating to the functioning of the Legislative Assembly
shall be regulated by law made by Parliament.
(c) The provisions of articles 324 to 327 and 329 shall apply in relation
to the National Capital Territory, the Legislative Assembly of the National
Capital Territory and the members thereof as they apply, in relation to a State, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-243 | to the National Capital Territory, the Legislative Assembly of the National
Capital Territory and the members thereof as they apply, in relation to a State,
the Legislative Assembly of a State and the members thereof respectively; and
any reference in articles 326 and 329 to “appropriate Legislature” shall be
deemed to be a reference to Parliament.
(3) (a) Subject to the provisions of this Constitution, the Legislative
Assembly shall have power to make laws for the whole or any part of the
National Capital Territory with respect to any of the matters enumerated in the
State List or in the Concurrent List in so far as any such matter is applicable to
Union territories except matters with respect to Entries 1, 2 and 18 of the State
List and Entries 64, 65 and 66 of that List in so far as they relate to the said
Entries 1, 2 and 18.
1. Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).
144
(b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any matter for
a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by Parliament | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-244 | respect to any matter is repugnant to any provision of a law made by Parliament
with respect to that matter, whether passed before or after the law made by the
Legislative Assembly, or of an earlier law, other than a law made by the
Legislative Assembly, then, in either case, the law made by Parliament, or, as
the case may be, such earlier law, shall prevail and the law made by the
Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has
been reserved for the consideration of the President and has received his assent,
such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament
from enacting at any time any law with respect to the same matter including a
law adding to, amending, varying or repealing the law so made by the
Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten
per cent. of the total number of members in the Legislative Assembly, with the
Chief Minister at the head to aid and advise the Lieutenant Governor in the
exercise of his functions in relation to matters with respect to which the
Legislative Assembly has power to make laws, except in so far as he is, by or
under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-245 | under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant
Governor and his Ministers on any matter, the Lieutenant Governor shall refer
it to the President for decision and act according to the decision given thereon
by the President and pending such decision it shall be competent for the
Lieutenant Governor in any case where the matter, in his opinion, is so urgent
that it is necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and other
Ministers shall be appointed by the President on the advice of the Chief
Minister and the Ministers shall hold office during the pleasure of the
President.
145
(6) The Council of Ministers shall be collectively responsible to the
Legislative Assembly.
1[(7) (a)] Parliament may, by law, make provisions for giving effect to,
or supplementing the provisions contained in the foregoing clauses and for all
matters incidental or consequential thereto.
2[(b) Any such law as is referred to in sub-clause (a) shall not be deemed
to be an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect
of amending, this Constitution.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-246 | notwithstanding that it contains any provision which amends or has the effect
of amending, this Constitution.]
(8) The provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor and the
Legislative Assembly, as they apply in relation to the Union territory of
3 [Puducherry], the administrator and its Legislature, respectively; and any
reference in that article to “clause (1) of article 239A” shall be deemed to be a
reference to this article or article 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.—If
the President, on receipt of a report from the Lieutenant Governor or otherwise,
is satisfied—
(a) that a situation has arisen in which the administration of the
National Capital Territory cannot be carried on in accordance with the
provisions of article 239AA or of any law made in pursuance of that
article; or
(b) that for the proper administration of the National Capital
Territory it is necessary or expedient so to do,
the President may by order suspend the operation of any provision of article
239AA or of all or any of the provisions of any law made in pursuance of that | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-247 | 239AA or of all or any of the provisions of any law made in pursuance of that
article for such period and subject to such conditions as may be specified in
such law and make such incidental and consequential provisions as may appear
1. Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for "(7)"
(w.e.f. 21-12-1991).
2. Ins. by s. 3, ibid. (w.e.f. 21-12-1991).
3 . Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
146
to him to be necessary or expedient for administering the National Capital
Territory in accordance with the provisions of article 239 and article 239AA.]
1[239B. Power of administrator to promulgate Ordinances during
recess of Legislature.—(1) If at any time, except when the Legislature of 2[the
Union territory of 3[Puducherry]] is in session, the administrator thereof is
satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances
appear to him to require: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-248 | immediate action, he may promulgate such Ordinances as the circumstances
appear to him to require:
Provided that no such Ordinance shall be promulgated by the
administrator except after obtaining instructions from the President in that
behalf:
Provided further that whenever the said Legislature is dissolved, or its
functioning remains suspended on account of any action taken under any such
law as is referred to in clause (1) of article 239A, the administrator shall not
promulgate any Ordinance during the period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of
instructions from the President shall be deemed to be an Act of the Legislature
of the Union territory which has been duly enacted after complying with the
provisions in that behalf contained in any such law as is referred to in clause (1)
of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory and
shall cease to operate at the expiration of six weeks from the reassembly
of the Legislature or if, before the expiration of that period, a resolution
disapproving it is passed by the Legislature, upon the passing of the
resolution; and
(b) may be withdrawn at any time by the administrator after
obtaining instructions from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-249 | obtaining instructions from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision
which would not be valid if enacted in an Act of the Legislature of the Union
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause (1) of article 239A, it shall be void.]
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971).
2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s. 63, for "a Union
territory referred to in clause (1) article 239A" (w.e.f. 30-5-1987).
3 . Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
147
* *
1(4)*
2[240. Power of President to make regulations for certain Union
territories.—(1) The President may make regulations for the peace, progress
and good government of the Union territory of—
(a) the Andaman and Nicobar Islands;
3[(b) Lakshadweep;]
4[(c) Dadra and Nagar Haveli and Daman and Diu;]
5[(d) **** ;]
6[(e) 7[Puducherry ];] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-250 | 5[(d) **** ;]
6[(e) 7[Puducherry ];]
8(f) * * *
9(g) * * *
10[Provided that when any body is created under article 239A to function
as a Legislature for the 11[Union territory of 5[Puducherry]], the President shall
not make any regulation for the peace, progress and good government of that
1. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (with retrospective
effect) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 32
(w.e.f. 20-6-1979).
2 . Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17 (b) for articles 239 and
240 (w.e.f. 1-11-1956).
3. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973
(34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973).
4 . Ins. by the Constitution (Tenth Amendment) Act, 1961, s.3 (w.e.f. 11-8-1961) and
subsequently subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-251 | subsequently subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union
territories) Act, 2019 (44 of 2019) s. 4(i) (w.e.f. 26-1-2020).
5. Omitted by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories)
Act, 2019 (44 of 2019) s. 4(ii) (w.e.f. 26-1-2020).
6. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).
7 . Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4 for
"Pondicherry" (w.e.f. 1-10-2006).
8. The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of
1986), s. 39 (w.e.f. 20-2-1987).
9. The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act,
1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).
10. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-252 | 10. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5 (w.e.f. 28-12-1962).
11. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for "Union territory
of Goa, Daman and Diu or Pondicherry" (w.e.f. 15-2-1972).
148
Union territory with effect from the date appointed for the first meeting of the
Legislature:]
1[Provided further that whenever the body functioning as a Legislature
for the Union territory of 2[Puducherry] is dissolved, or the functioning of that
body as such Legislature remains suspended on account of any action taken
under any such law as is referred to in clause (1) of article 239A, the President
may, during the period of such dissolution or suspension, make regulations for
the peace, progress and good government of that Union territory.]
(2) Any regulation so made may repeal or amend any Act made by
Parliament or 3[any other law], which is for the time being applicable to the
Union territory and, when promulgated by the President, shall have the same
force and effect as an Act of Parliament which applies to that territory.]
241. High Courts for Union territories—(1) Parliament may by law
constitute a High Court for a 4[Union territory] or declare any court in any | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-253 | constitute a High Court for a 4[Union territory] or declare any court in any
5[such territory] to be a High Court for all or any of the purposes of this
Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to
every High Court referred to in clause (1) as they apply in relation to a High
Court referred to in article 214 subject to such modifications or exceptions as
Parliament may by law provide.
6[(3) Subject to the provisions of this Constitution and to the provisions
of any law of the appropriate Legislature made by virtue of powers conferred
on that Legislature by or under this Constitution, every High Court exercising
jurisdiction immediately before the commencement of the Constitution
(Seventh Amendment) Act, 1956, in relation to any Union territory shall
continue to exercise such jurisdiction in relation to that territory after such
commencement.
(4) Nothing in this article derogates from the power of Parliament to
extend or exclude the jurisdiction of a High Court for a State to, or from, any
Union territory or part thereof.]
1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-254 | 1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).
2 . Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for
"Pondicherry" (w.e.f. 1-10-2006).
3. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s.4, for "any existing law"
(w.e.f. 15-2-1972).
4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "State
specified in Part C of the First Schedule" (w.e.f. 1-11-1956).
5. Subs. by s. 29 and Sch., ibid., for "such State" (w.e.f. 1-11-1956).
6. Subs. by s. 29 and Sch., ibid., for cls. (3) and (4) (w.e.f. 1-11-1956).
149
242. [Coorg.].—Omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.(w.e.f. 1-11-1956).
1[PART IX
THE PANCHAYATS
243. Definitions.—In this Part, unless the context otherwise requires,—
(a) “district” means a district in a State;
(b) “Gram Sabha” means a body consisting of persons registered in | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-255 | (a) “district” means a district in a State;
(b) “Gram Sabha” means a body consisting of persons registered in
the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c) “intermediate level” means a level between the village and
district levels specified by the Governor of a State by public notification
to be the intermediate level for the purposes of this Part;
(d) “Panchayat” means an institution (by whatever name called) of
self-government constituted under article 243B, for the rural areas;
(e) “Panchayat area” means the territorial area of a Panchayat;
(f) “Population” means the population as ascertained at the last
preceding census of which the relevant figures have been published;
(g) “village” means a village specified by the Governor by public
notification to be a village for the purposes of this Part and includes a
group of villages so specified.
243A. Gram Sabha.—A Gram Sabha may exercise such powers and
perform such functions at the village level as the Legislature of a State may, by
law, provide.
243B. Constitution of Panchayats.—(1) There shall be constituted in
every State, Panchayats at the village, intermediate and district levels in
accordance with the provisions of this Part. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-256 | every State, Panchayats at the village, intermediate and district levels in
accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate
level may not be constituted in a State having a population not exceeding
twenty lakhs.
243C. Composition of Panchayats.—(1) Subject to the provisions of
1. Original Part IX was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and
the Constitution (Seventy-third
ins. by
Sch. (w.e.f. 1-11-1956) and subsequently
Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).
150
this Part, the Legislature of a State may, by law, make provisions with respect
to the composition of Panchayats:
Provided that the ratio between the population of the territorial area of a
Panchayat at any level and the number of seats in such Panchayat to be filled
by election shall, so far as practicable, be the same throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by
direct election from territorial constituencies in the Panchayat area and, for this
purpose, each Panchayat area shall be divided into territorial constituencies in
such manner that the ratio between the population of each constituency and the
number of seats allotted to it shall, so far as practicable, be the same throughout | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-257 | such manner that the ratio between the population of each constituency and the
number of seats allotted to it shall, so far as practicable, be the same throughout
the Panchayat area.
(3) The Legislature of a State may, by law, provide for the
representation—
(a) of the Chairpersons of the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not having
Panchayats at the intermediate level, in the Panchayats at the district
level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in
the Panchayats at the district level;
(c) of the members of the House of the People and the members of
the Legislative Assembly of the State representing constituencies which
comprise wholly or partly a Panchayat area at a level other than the
village level, in such Panchayat;
(d) of the members of the Council of States and the members of the
Legislative Council of the State, where they are registered as electors
within—
(i) a Panchayat area at the intermediate level, in Panchayat at the
intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the
district level.
(4) The Chairperson of a Panchayat and other members of a Panchayat | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-258 | district level.
(4) The Chairperson of a Panchayat and other members of a Panchayat
whether or not chosen by direct election from territorial constituencies in the
Panchayat area shall have the right to vote in the meetings of the Panchayats.
(5) The Chairperson of—
(a) a Panchayat at the village level shall be elected in such manner as
the Legislature of a State may, by law, provide; and
151
(b) a Panchayat at the intermediate level or district level shall be
elected by, and from amongst, the elected members thereof.
243D. Reservation of seats.—(1) Seats shall be reserved for—
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
in every Panchayat and the number of seats so reserved shall bear, as nearly as
may be, the same proportion to the total number of seats to be filled by direct
election in that Panchayat as the population of the Scheduled Castes in that
Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the
total population of that area and such seats may be allotted by rotation to
different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under
clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
the case may be, the Scheduled Tribes. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-259 | clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in every Panchayat shall be
reserved for women and such seats may be allotted by rotation to different
constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or
any other level shall be reserved for the Scheduled Castes, the Scheduled
Tribes and women in such manner as the Legislature of a State may, by law,
provide:
Provided that the number of offices of Chairpersons reserved for the
Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in
any State shall bear, as nearly as may be, the same proportion to the total
number of such offices in the Panchayats at each level as the population of the
Scheduled Castes in the State or of the Scheduled Tribes in the State bears to
the total population of the State:
Provided further that not less than one-third of the total number of offices
of Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-260 | of Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall
be allotted by rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the reservation of
offices of Chairpersons (other than the reservation for women) under clause (4)
shall cease to have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making
152
any provision for reservation of seats in any Panchayat or offices of Chairpersons in
the Panchayats at any level in favour of backward class of citizens.
243E. Duration of Panchayats, etc.—(1) Every Panchayat, unless
sooner dissolved under any law for the time being in force, shall continue for
five years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Panchayat at any level, which is functioning
immediately before such amendment, till the expiration of its duration specified
in clause (1).
(3) An election to constitute a Panchayat shall be completed—
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
Panchayat would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the Panchayat | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-261 | necessary to hold any election under this clause for constituting the Panchayat
for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat before
the expiration of its duration shall continue only for the remainder of the period
for which the dissolved Panchayat would have continued under clause (1) had it
not been so dissolved.
243F. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of a Panchayat—
(a) if he is so disqualified by or under any law for the time being in
force for the purposes of elections to the Legislature of the State
concerned:
Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of twenty-
one years;
(b) if he is so disqualified by or under any law made by the
Legislature of the State.
(2) If any question arises as to whether a member of a Panchayat has
become subject to any of the disqualifications mentioned in clause (1), the
question shall be referred for the decision of such authority and in such manner
153
as the Legislature of a State may, by law, provide.
243G. Powers, authority and responsibilities of Panchayats.—
Subject to the provisions of this Constitution, the Legislature of a State may, by | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-262 | 243G. Powers, authority and responsibilities of Panchayats.—
Subject to the provisions of this Constitution, the Legislature of a State may, by
law, endow the Panchayats with such powers and authority as may be
necessary to enable them to function as institutions of self-government and
such law may contain provisions for the devolution of powers and
responsibilities upon Panchayats at the appropriate level, subject to such
conditions as may be specified therein, with respect to—
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and
social justice as may be entrusted to them including those in relation to
the matters listed in the Eleventh Schedule.
243H. Powers to impose taxes by, and Funds of, the Panchayats.—
The Legislature of a State may, by law,—
(a) authorise a Panchayat to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject to
such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and
collected by the State Government for such purposes and subject to such
conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the
Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-263 | Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys
received, respectively, by or on behalf of the Panchayats and also for the
withdrawal of such moneys therefrom,
as may be specified in the law.
243-I. Constitution of Finance Commission to review financial
position.—(1) The Governor of a State shall, as soon as may be within one
year from the commencement of the Constitution (Seventy-third Amendment)
Act, 1992, and thereafter at the expiration of every fifth year, constitute a
Finance Commission to review the financial position of the Panchayats and to
make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the Panchayats of the
net proceeds of the taxes, duties, tolls and fees leviable by the
State, which may be divided between them under this Part and the
allocation between the Panchayats at all levels of their respective
154
shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which
may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated
Fund of the State;
(b) the measures needed to improve the financial position of the
Panchayats;
(c) any other matter referred to the Finance Commission by the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-264 | Panchayats;
(c) any other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition
of the Commission, the qualifications which shall be requisite for appointment
as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such
powers in the performance of their functions as the Legislature of the State
may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum as to
the action taken thereon to be laid before the Legislature of the State.
243J. Audit of accounts of Panchayats.—The Legislature of a State
may, by law, make provisions with respect to the maintenance of accounts by
the Panchayats and the auditing of such accounts.
243K. Elections to the Panchayats.—(1) The superintendence,
direction and control of the preparation of electoral rolls for, and the conduct
of, all elections to the Panchayats shall be vested in a State Election
Commission consisting of a State Election Commissioner to be appointed by
the Governor.
(2) Subject to the provisions of any law made by the Legislature of a | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-265 | the Governor.
(2) Subject to the provisions of any law made by the Legislature of a
State, the conditions of service and tenure of office of the State Election
Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a Judge of a
High Court and the conditions of service of the State Election Commissioner
155
shall not be varied to his disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the State
Election Commission, make available to the State Election Commission such
staff as may be necessary for the discharge of the functions conferred on the
State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a
State may, by law, make provision with respect to all matters relating to, or in
connection with, elections to the Panchayats.
243L. Application to Union territories.—The provisions of this Part
shall apply to the Union territories and shall, in their application to a Union
territory, have effect as if the references to the Governor of a State were
references to the Administrator of the Union territory appointed under article | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-266 | references to the Administrator of the Union territory appointed under article
239 and references to the Legislature or the legislative Assembly of a State
were references, in relation to a Union territory having a Legislative Assembly,
to that Legislative Assembly:
Provided that the President may, by public notification, direct that the
provisions of this Part shall apply to any Union territory or part thereof subject
to such exceptions and modifications as he may specify in the notification.
243M. Part not to apply to certain areas.—(1) Nothing in this Part
shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas
referred to in clause (2), of article 244.
(2) Nothing in this Part shall apply to—
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the hill areas in the State of Manipur for which District Councils
exist under any law for the time being in force.
(3) Nothing in this Part—
(a) relating to Panchayats at the district level shall apply to the hill
areas of the District of Darjeeling in the State of West Bengal for which
Darjeeling Gorkha Hill Council exists under any law for the time being
in force;
(b) shall be construed to affect the functions and powers of the
Darjeeling Gorkha Hill Council constituted under such law.
156
1[(3A) Nothing in article 243D, relating to reservation of seats for the
Scheduled Castes, shall apply to the State of Arunachal Pradesh.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-267 | Scheduled Castes, shall apply to the State of Arunachal Pradesh.]
(4) Notwithstanding anything in this Constitution,—
(a) the Legislature of a State referred to in sub-clause (a) of clause
(2) may, by law, extend this Part to that State, except the areas, if any,
referred to in clause (1), if the Legislative Assembly of that State passes
a resolution to that effect by a majority of the total membership of that
House and by a majority of not less than two-thirds of the members of
that House present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the
Scheduled Areas and the tribal areas referred to in clause (1) subject to
such exceptions and modifications as may be specified in such law, and
no such law shall be deemed to be an amendment of this Constitution for
the purposes of article 368.
of
243N. Continuance
and Panchayats.—
Notwithstanding anything in this Part, any provision of any law relating to
Panchayats in force in a State immediately before the commencement of the
Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with
the provisions of this Part, shall continue to be in force until amended or
repealed by a competent Legislature or other competent authority or until the
expiration of one year from such commencement, whichever is earlier:
existing
laws
Provided that all the Panchayats existing immediately before such | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-268 | expiration of one year from such commencement, whichever is earlier:
existing
laws
Provided that all the Panchayats existing immediately before such
commencement shall continue till the expiration of their duration, unless sooner
dissolved by a resolution passed to that effect by the Legislative Assembly of
that State or, in the case of a State having a Legislative Council, by each House
of the Legislature of that State.
243-O. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution,—
(a)
the validity of any
to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 243K, shall not be called in question
in any court;
law relating
(b) no election to any Panchayat shall be called in question except by
an election petition presented to such authority and in such manner as is
provided for by or under any law made by the Legislature of a State.
1. Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
157
1[PART IXA
THE MUNICIPALITIES
243P. Definitions.—In
this Part, unless
the context otherwise
requires,—
(a) “Committee” means a Committee constituted under article 243S;
(b) “district” means a district in a State;
(c) “Metropolitan area” means an area having a population of ten
lakhs or more, comprised in one or more districts and consisting of two | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-269 | lakhs or more, comprised in one or more districts and consisting of two
or more Municipalities or Panchayats or other contiguous areas,
specified by the Governor by public notification to be a Metropolitan
area for the purposes of this Part;
(d) “Municipal area” means the territorial area of a Municipality as is
notified by the Governor;
(e) “Municipality” means an
institution of self-government
constituted under article 243Q;
(f) “Panchayat” means a Panchayat constituted under article 243B;
(g) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been published.
243Q. Constitution of Municipalities.—(1) There shall be constituted
in every State,—
(a) a Nagar Panchayat (by whatever name called) for a transitional
area, that is to say, an area in transition from a rural area to an urban
area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area,
in accordance with the provisions of this Part:
1. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1993).
158
Provided that a Municipality under this clause may not be constituted in
such urban area or part thereof as the Governor may, having regard to the size | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-270 | 158
Provided that a Municipality under this clause may not be constituted in
such urban area or part thereof as the Governor may, having regard to the size
of the area and the municipal services being provided or proposed to be
provided by an industrial establishment in that area and such other factors as he
may deem fit, by public notification, specify to be an industrial township.
(2) In this article, “a transitional area”, “a smaller urban area” or “a
larger urban area” means such area as the Governor may, having regard to the
population of the area, the density of the population therein, the revenue
generated for local administration, the percentage of employment in non-
agricultural activities, the economic importance or such other factors as he may
deem fit, specify by public notification for the purposes of this Part.
243R. Composition of Municipalities.—(1) Save as provided in clause
(2), all the seats in a Municipality shall be filled by persons chosen by direct
election from the territorial constituencies in the Municipal area and for this
purpose each Municipal area shall be divided into territorial constituencies to
be known as wards.
(2) The Legislature of a State may, by law, provide—
(a) for the representation in a Municipality of—
(i) persons having special knowledge or experience in
Municipal administration;
(ii) the members of the House of the People and the members
of
representing
the Legislative Assembly of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-271 | Municipal administration;
(ii) the members of the House of the People and the members
of
representing
the Legislative Assembly of
constituencies which comprise wholly or partly the Municipal
area;
the State
(iii) the members of the Council of States and the members of
the Legislative Council of the State registered as electors within
the Municipal area;
(iv) the Chairpersons of the Committees constituted under
clause (5) of article 243S:
Provided that the persons referred to in paragraph (i) shall not
have the right to vote in the meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality.
159
243S. Constitution and composition of Wards Committees, etc.—(1)
There shall be constituted Wards Committees, consisting of one or more wards,
within the territorial area of a Municipality having a population of three lakhs
or more.
(2) The Legislature of a State may, by law, make provision with respect
to—
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be
filled.
(3) A member of a Municipality representing a ward within the territorial
area of the Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of—
(a) one ward, the member representing that ward in the Municipality;
or
(b) two or more wards, one of the members representing such wards
in the Municipality elected by the members of the Wards Committee, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-272 | or
(b) two or more wards, one of the members representing such wards
in the Municipality elected by the members of the Wards Committee,
shall be the Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a
State from making any provision for the constitution of Committees in addition
to the Wards Committees.
243T. Reservation of seats.—(1) Seats shall be reserved for the
Scheduled Castes and the Scheduled Tribes in every Municipality and the
number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct election in that
Municipality as the population of the Scheduled Castes in the Municipal area or
of the Scheduled Tribes in the Municipal area bears to the total population of
that area and such seats may be allotted by rotation to different constituencies
in a Municipality.
(2) Not less than one-third of the total number of seats reserved under
clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
the case may be, the Scheduled Tribes.
160
(3) Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in every Municipality shall
be reserved for women and such seats may be allotted by rotation to different
constituencies in a Municipality. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-273 | total number of seats to be filled by direct election in every Municipality shall
be reserved for women and such seats may be allotted by rotation to different
constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved
for the Scheduled Castes, the Scheduled Tribes and women in such manner as
the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of
offices of Chairpersons (other than the reservation for women) under clause (4)
shall cease to have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Municipality or offices of
Chairpersons in the Municipalities in favour of backward class of citizens.
243U. Duration of Municipalities, etc.—(1) Every Municipality, unless
sooner dissolved under any law for the time being in force, shall continue for
five years from the date appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable opportunity of
being heard before its dissolution.
(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Municipality at any level, which is
functioning immediately before such amendment, till the expiration of its
duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,—
(a) before the expiry of its duration specified in clause (1); | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-274 | duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,—
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
Municipality would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the
Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality
before the expiration of its duration shall continue only for the remainder of the
period for which the dissolved Municipality would have continued under clause
(1) had it not been so dissolved.
161
243V. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of a Municipality—
(a) if he is so disqualified by or under any law for the time being in force
for the purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of
twenty-one years;
(b) if he is so disqualified by or under any law made by the
Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-275 | Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has
become subject to any of the disqualifications mentioned in clause (1), the
question shall be referred for the decision of such authority and in such manner
as the Legislature of a State may, by law, provide.
243W. Powers, authority and responsibilities of Municipalities,
etc.—Subject to the provisions of this Constitution, the Legislature of a State
may, by law, endow—
(a) the Municipalities with such powers and authority as may be
necessary to enable them to function as institutions of self-government
and such law may contain provisions for the devolution of powers and
responsibilities upon Municipalities, subject to such conditions as may
be specified therein, with respect to—
(i) the preparation of plans for economic development and social
justice;
(ii) the performance of functions and the implementation of
schemes as may be entrusted to them including those in relation to
the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be
necessary to enable them to carry out the responsibilities conferred upon
them including those in relation to the matters listed in the Twelfth
Schedule.
243X. Power to impose taxes by, and Funds of, the Municipalities.—
The Legislature of a State may, by law,— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-276 | Schedule.
243X. Power to impose taxes by, and Funds of, the Municipalities.—
The Legislature of a State may, by law,—
(a) authorise a Municipality to levy, collect and appropriate such
taxes, duties, tolls and fees in accordance with such procedure and
subject to such limits;
162
(b) assign to a Municipality such taxes, duties, tolls and fees levied
and collected by the State Government for such purposes and subject to
such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities from
the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys
received, respectively, by or on behalf of the Municipalities and also for
the withdrawal of such moneys therefrom,
as may be specified in the law.
243Y. Finance Commission.—(1) The Finance Commission constituted
under article 243-I shall also review the financial position of the Municipalities
and make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the Municipalities of
the net proceeds of the taxes, duties, tolls and fees leviable by the
State, which may be divided between them under this Part and the
allocation between the Municipalities at all levels of their respective
shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-277 | shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which
may be assigned to, or appropriated by, the Municipalities;
(iii)
the grants-in-aid
to
the Municipalities
from
the
Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the
Municipalities;
(c) any other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Municipalities.
(2) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum as to
the action taken thereon to be laid before the Legislature of the State.
243Z. Audit of accounts of Municipalities.—The Legislature of a State
may, by law, make provisions with respect to the maintenance of accounts by
the Municipalities and the auditing of such accounts.
163
243ZA. Elections to the Municipalities.—(1) The superintendence,
direction and control of the preparation of electoral rolls for, and the conduct
of, all elections to the Municipalities shall be vested in the State Election
Commission referred to in article 243K.
(2) Subject to the provisions of this Constitution, the Legislature of a
State may, by law, make provision with respect to all matters relating to, or in
connection with, elections to the Municipalities.
243ZB. Application to Union territories.—The provisions of this Part | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-278 | connection with, elections to the Municipalities.
243ZB. Application to Union territories.—The provisions of this Part
shall apply to the Union territories and shall, in their application to a Union
territory, have effect as if the references to the Governor of a State were
references to the Administrator of the Union territory appointed under
article 239 and references to the Legislature or the Legislative Assembly of a
State were references in relation to a Union territory having a Legislative
Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the
provisions of this Part shall apply to any Union territory or part thereof subject
to such exceptions and modifications as he may specify in the notification.
243ZC. Part not to apply to certain areas.—(1) Nothing in this Part
shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas
referred to in clause (2) of article 244.
(2) Nothing in this Part shall be construed to affect the functions and
powers of the Darjeeling Gorkha Hill Council constituted under any law for the
time being in force for the hill areas of the district of Darjeeling in the State of
West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by
law, extend the provisions of this Part to the Scheduled Areas and the tribal | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-279 | law, extend the provisions of this Part to the Scheduled Areas and the tribal
areas referred to in clause (1) subject to such exceptions and modifications as
may be specified in such law, and no such law shall be deemed to be an
amendment of this Constitution for the purposes of article 368.
243ZD. Committee for district planning.—(1) There shall be
constituted in every State at the district level a District Planning Committee to
consolidate the plans prepared by the Panchayats and the Municipalities in the
district and to prepare a draft development plan for the district as a whole.
(2) The Legislature of a State may, by law, make provision with respect
to—
164
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be
filled:
Provided that not less than four-fifths of the total number of
members of such Committee shall be elected by, and from amongst, the
elected members of the Panchayat at the district level and of the
Municipalities in the district in proportion to the ratio between the
population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be
assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees
shall be chosen. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-280 | assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees
shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft
development plan,—
(a) have regard to—
(i) matters of common interest between the Panchayats and
the Municipalities including spatial planning, sharing of water and
other physical and natural resources, the integrated development
of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether
financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward
the development plan, as recommended by such Committee, to the Government
of the State.
243ZE. Committee for Metropolitan planning.—(1) There shall be
constituted in every Metropolitan area a Metropolitan Planning Committee to
prepare a draft development plan for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to—
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in hhich the seats in such Committees shall be filled:
165
Provided that not less than two-thirds of the members of such
Committee shall be elected by, and from amongst, the elected members
of the Municipalities and Chairpersons of the Panchayats in the
Metropolitan area in proportion to the ratio between the population of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-281 | Metropolitan area in proportion to the ratio between the population of
the Municipalities and of the Panchayats in that area;
(c) the representation in such Committees of the Government of
India and the Government of the State and of such organisations and
institutions as may be deemed necessary for carrying out the functions
assigned to such Committees;
(d) the functions relating to planning and coordination for the
Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees
shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft
development plan,—
(a) have regard to—
(i) the plans prepared by the Municipalities and the
Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities
and the Panchayats, including coordinated spatial planning of the
area, sharing of water and other physical and natural resources,
the integrated development of infrastructure and environmental
conservation;
(iii) the overall objectives and priorities set by the
Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made
in the Metropolitan area by agencies of the Government of India
and of the Government of the State and other available resources
whether financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-282 | whether financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall
forward the development plan, as recommended by such Committee, to the
Government of the State.
166
243ZF. Continuance of existing
laws and Municipalities.—
Notwithstanding anything in this Part, any provision of any law relating to
Municipalities in force in a State immediately before the commencement of the
Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent
with the provisions of this Part, shall continue to be in force until amended or
repealed by a competent Legislature or other competent authority or until the
expiration of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such
commencement shall continue till the expiration of their duration, unless sooner
dissolved by a resolution passed to that effect by the Legislative Assembly of
that State or, in the case of a State having a Legislative Council, by each House
of the Legislature of that State.
243ZG. Bar to interference by courts in electoral matters.—
Notwithstanding anything in this Constitution,—
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-283 | constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 243ZA shall not be called in
question in any court;
(b) no election to any Municipality shall be called in question
except by an election petition presented to such authority and in such
manner as is provided for by or under any law made by the Legislature
of a State.]
167
1[PART IXB
THE CO-OPERATIVE SOCIETIES
243ZH. Definitions.—In this Part, unless the context otherwise
requires,—
(a) “authorised person” means a person referred to as such in article
243ZQ;
(b) “board” means the board of directors or the governing body of a
co-operative society, by whatever name called, to which the direction
and control of the management of the affairs of a society is entrusted to;
(c) “co-operative society” means a society registered or deemed to be
registered under any law relating to co-operative societies for the time
being in force in any State;
(d) “multi-State co-operative society” means a society with objects
not confined to one State and registered or deemed to be registered under
any law for the time being in force relating to such co-operatives;
(e) “office bearer” means a President, Vice-President, Chairperson,
Vice-Chairperson, Secretary or Treasurer, of a co-operative society and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-284 | (e) “office bearer” means a President, Vice-President, Chairperson,
Vice-Chairperson, Secretary or Treasurer, of a co-operative society and
includes any other person to be elected by the board of any co-operative
society;
(f) “Registrar” means the Central Registrar appointed by the Central
Government in relation to the multi-State co-operative societies and the
Registrar for co-operative societies appointed by the State Government
under the law made by the Legislature of a State in relation to
co-operative societies;
(g) “State Act” means any law made by the Legislature of a State;
(h) “State level co-operative society” means a co-operative society
having its area of operation extending to the whole of a State and defined
as such in any law made by the Legislature of a State.
2 4 3 ZI . Incorporation of co-operative societies.—Subject to the
provisions of this Part, the Legislature of a State may, by law, make provisions
with respect to the incorporation, regulation and winding up of co-operative
societies based on the principles of voluntary formation, democratic member-
control, member-economic participation and autonomous functioning.
1. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 4 (w.e.f. 15-2-2012).
168
243ZJ. Number and term of members of board and its office
bearers.—(1) The board shall consist of such number of directors as may be | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-285 | bearers.—(1) The board shall consist of such number of directors as may be
provided by the Legislature of a State, by law:
Provided that the maximum number of directors of a co-operative
society shall not exceed twenty-one:
Provided further that the Legislature of a State shall, by law, provide for
the reservation of one seat for the Scheduled Castes or the Scheduled Tribes
and two seats for women on board of every co-operative society consisting of
individuals as members and having members from such class of category of
persons.
(2) The term of office of elected members of the board and its office
bearers shall be five years from the date of election and the term of office
bearers shall be conterminous with the term of the board:
Provided that the board may fill a casual vacancy on the board by
nomination out of the same class of members in respect of which the casual
vacancy has arisen, if the term of office of the board is less than half of its
original term.
(3) The Legislature of a State shall, by law, make provisions for
co-option of persons to be members of the board having experience in the field
of banking, management, finance or specialisation in any other field relating to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-286 | co-option of persons to be members of the board having experience in the field
of banking, management, finance or specialisation in any other field relating to
the objects and activities undertaken by the co-operative society, as members of
the board of such society:
Provided that the number of such co-opted members shall not exceed
two in addition to twenty-one directors specified in the first proviso to
clause (1):
Provided further that such co-opted members shall not have the right to
vote in any election of the co-operative society in their capacity as such
member or to be eligible to be elected as office bearers of the board:
Provided also that the functional directors of a co-operative society shall
also be the members of the board and such members shall be excluded for the
purpose of counting the total number of directors specified in the first proviso
to clause (1).
169
243ZK. Election of members of board.—(1) Notwithstanding anything
contained in any law made by the Legislature of a State, the election of a board
shall be conducted before the expiry of the term of the board so as to ensure
that the newly elected members of the board assume office immediately on the
expiry of the term of the office of members of the outgoing board.
(2) The superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to a co-operative society
shall vest in such an authority or body, as may be provided by the Legislature
of a State, by law: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-287 | shall vest in such an authority or body, as may be provided by the Legislature
of a State, by law:
Provided that the Legislature of a State may, by law, provide for the
procedure and guidelines for the conduct of such elections.
243ZL. Supersession and suspension of board and
interim
management.—(1) Notwithstanding anything contained in any law for the
time being in force, no board shall be superseded or kept under suspension for a
period exceeding six months:
Provided that the board may be superseded or kept under suspension in a
case—
(i) of its persistent default; or
(ii) of negligence in the performance of its duties; or
(iii) the board has committed any act prejudicial to the interests of
the co-operative society or its members; or
(iv) there is stalemate in the constitution or functions of the board;
or
(v) the authority or body as provided by the Legislature of a State,
by law, under clause (2) of article 243ZK, has failed to conduct
elections in accordance with the provisions of the State Act:
Provided further that the board of any such co-operative society shall not
be superseded or kept under suspension where there is no Government
shareholding or loan or financial assistance or any guarantee by the
Government:
Provided also that in case of a co-operative society carrying on the
business of banking, the provisions of the Banking Regulation Act, 1949 shall
also apply:
170 | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-288 | business of banking, the provisions of the Banking Regulation Act, 1949 shall
also apply:
170
Provided also that in case of a co-operative society, other than a
multi-State co-operative society, carrying on the business of banking, the
provisions of this clause shall have the effect as if for the words “six months”,
the words “one year” had been substituted.
(2) In case of supersession of a board, the administrator appointed to
manage the affairs of such co-operative society shall arrange for conduct of
elections within the period specified in clause (1) and handover the
management to the elected board.
(3) The Legislature of a State may, by law, make provisions for the
conditions of service of the administrator.
243ZM. Audit of accounts of co-operative societies.—(1) The
Legislature of a State may, by law, make provisions with respect to the
maintenance of accounts by the co-operative societies and the auditing of such
accounts at least once in each financial year.
(2) The Legislature of a State shall, by law, lay down the minimum
qualifications and experience of auditors and auditing firms that shall be
eligible for auditing accounts of the co-operative societies.
(3) Every co-operative society shall cause to be audited by an auditor or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-289 | eligible for auditing accounts of the co-operative societies.
(3) Every co-operative society shall cause to be audited by an auditor or
auditing firms referred to in clause (2) appointed by the general body of the
co-operative society:
Provided that such auditors or auditing firms shall be appointed from a
panel approved by a State Government or an authority authorised by the State
Government in this behalf.
(4) The accounts of every co-operative society shall be audited within
six months of the close of the financial year to which such accounts relate.
(5) The audit report of the accounts of an apex co-operative society, as
may be defined by the State Act, shall be laid before the State Legislature in the
manner, as may be provided by the State Legislature, by law.
243ZN. Convening of general body meetings.—The Legislature of a
State may, by law, make provisions that the annual general body meeting of
every co-operative society shall be convened within a period of six months of
close of the financial year to transact the business as may be provided in such
law.
171
243ZO. Right of a member to get information.—(1) The Legislature
of a State may, by law, provide for access to every member of a co-operative
society to the books, information and accounts of the co-operative society kept
in regular transaction of its business with such member.
(2) The Legislature of a State may, by law, make provisions to ensure | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-290 | in regular transaction of its business with such member.
(2) The Legislature of a State may, by law, make provisions to ensure
the participation of members in the management of the co-operative society
providing minimum requirement of attending meetings by the members and
utilising the minimum level of services as may be provided in such law.
(3) The Legislature of a State may, by law, provide for co-operative
education and training for its members.
243ZP. Returns.—Every co-operative society shall file returns, within
six months of the close of every financial year, to the authority designated by
the State Government including the following matters, namely:—
(a) annual report of its activities;
(b) its audited statement of accounts;
(c) plan for surplus disposal as approved by the general body of the
co-operative society;
(d) list of amendments to the bye-laws of the co-operative society, if
any;
(e) declaration regarding date of holding of its general body meeting
and conduct of elections when due; and
(f) any other information required by the Registrar in pursuance of
any of the provisions of the State Act.
243ZQ. Offences and penalties.—(1) The Legislature of a State may,
by law, make provisions for the offences relating to the co-operative societies
and penalties for such offences.
(2) A law made by the Legislature of a State under clause (1) shall | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-291 | and penalties for such offences.
(2) A law made by the Legislature of a State under clause (1) shall
include the commission of the following act or omission as offences, namely:—
(a) a co-operative society or an officer or member thereof wilfully
makes a false return or furnishes false information, or any person
wilfully not furnishes any information required from him by a person
authorised in this behalf under the provisions of the State Act;
172
(b) any person wilfully or without any reasonable excuse disobeys
any summons, requisition or lawful written order issued under the
provisions of the State Act;
(c) any employer who, without sufficient cause, fails to pay to a
co-operative society amount deducted by him from its employee within a
period of fourteen days from the date on which such deduction is made;
(d) any officer or custodian who wilfully fails to handover custody of
books, accounts, documents, records, cash, security and other property
belonging to a co-operative society of which he is an officer or
custodian, to an authorised person; and
(e) whoever, before, during or after the election of members of the
board or office bearers, adopts any corrupt practice.
243ZR. Application to multi-State co-operative societies.—The | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-292 | board or office bearers, adopts any corrupt practice.
243ZR. Application to multi-State co-operative societies.—The
provisions of this Part shall apply to the multi-State co-operative societies
subject to the modification that any reference to “Legislature of a State”, “State
Act” or “State Government” shall be construed as a reference to “Parliament”,
“Central Act” or “the Central Government” respectively.
243ZS. Application to Union territories.—The provisions of this Part
shall apply to the Union territories and shall, in their application to a Union
territory, having no Legislative Assembly as if the references to the Legislature
of a State were a reference to the administrator thereof appointed under article
239 and, in relation to a Union territory having a Legislative Assembly, to that
Legislative Assembly:
Provided that the President may, by notification in the Official Gazette,
direct that the provisions of this Part shall not apply to any Union territory or
part thereof as he may specify in the notification.
243ZT. Continuance of existing laws.— Notwithstanding anything in
this Part, any provision of any law relating to co-operative societies in force in
a State immediately before the commencement of the Constitution (Ninety-
seventh Amendment) Act, 2011, which is inconsistent with the provisions of
this Part, shall continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of one year
from such commencement, whichever is less.]
173
PART X | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-293 | Legislature or other competent authority or until the expiration of one year
from such commencement, whichever is less.]
173
PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas.—(1) The
provisions of the Fifth Schedule shall apply to the administration and control of
the Scheduled Areas and Scheduled Tribes in any State 1*** other than 2[the
States of Assam, 3[, 4[Meghalaya, Tripura and Mizoram]]].
(2) The provisions of
the
administration of the tribal areas in 2[the States of Assam, 3[, 5[Meghalaya,
Tripura and Mizoram]]].
the Sixth Schedule shall apply
to
6[244A. Formation of an autonomous State comprising certain tribal
areas in Assam and creation of local Legislature or Council of Ministers or
both therefor.—(1) Notwithstanding anything in this Constitution, Parliament
may, by law, form within the State of Assam an autonomous State comprising
(whether wholly or in part) all or any of the tribal areas specified in 7[Part I] of
the table appended to paragraph 20 of the Sixth Schedule and create therefor—
(a) a body, whether elected or partly nominated and partly
elected, to function as a Legislature for the autonomous State, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be
specified in the law.
(2) Any such law as is referred to in clause (1) may, in particular,— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-294 | specified in the law.
(2) Any such law as is referred to in clause (1) may, in particular,—
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for "the State of
Assam" (w.e.f. 21-1-1972).
3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for "and Meghalaya" (w.e.f. 1-
4-1985).
4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and Tripura" (w.e.f.
20-2-1987).
5. Subs. by s. 39, ibid., for "Meghalaya and Tripura and the Union territory of Mizoram". (w.e.f. 20-2-
1987).
6. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2 (w.e.f. 25-9-1969).
7. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for "Part A" | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-295 | (w.e.f. 21-1-1972).
174
(a) specify the matters enumerated in the State List or the
Concurrent List with respect to which the Legislature of the autonomous
State shall have power to make laws for the whole or any part thereof,
whether to the exclusion of the Legislature of the State of Assam or
otherwise;
(b) define the matters with respect to which the executive power
of the autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be
assigned to the autonomous State in so far as the proceeds thereof are
attributable to the autonomous State;
(d) provide that any reference to a State in any article of this
Constitution shall be construed as including a reference to the
autonomous State; and
(e) make such supplemental,
provisions as may be deemed necessary.
incidental and consequential
(3) An amendment of any such law as aforesaid in so far as such
amendment relates to any of the matters specified in sub-clause (a) or
sub-clause (b) of clause (2) shall have no effect unless the amendment is passed
in each House of Parliament by not less than two-thirds of the members present
and voting.
(4) Any such law as is referred to in this article shall not be deemed to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-296 | in each House of Parliament by not less than two-thirds of the members present
and voting.
(4) Any such law as is referred to in this article shall not be deemed to
be an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect
of amending this Constitution.]
175
PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.—LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of
States.—(1) Subject to the provisions of this Constitution, Parliament may
make laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the
Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3),
Parliament has exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution referred to as
the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-297 | the “Union List”).
(2) Notwithstanding anything in clause (3), Parliament, and, subject to
clause (1), the Legislature of any State 1*** also, have power to make laws
with respect to any of the matters enumerated in List III in the Seventh
Schedule (in this Constitution referred to as the “Concurrent List”).
(3) Subject to clauses (1) and (2), the Legislature of any State 1*** has
exclusive power to make laws for such State or any part thereof with respect to
any of the matters enumerated in List II in the Seventh Schedule (in this
Constitution referred to as the “State List”).
(4) Parliament has power to make laws with respect to any matter for
any part of the territory of India not included 2[in a State] notwithstanding that
such matter is a matter enumerated in the State List.
3[246A. Special provision with respect to goods and services tax.—(1)
Notwithstanding anything contained in articles 246 and 254, Parliament, and,
subject to clause (2), the Legislature of every State, have power to make laws
with respect to goods and services tax imposed by the Union or by such State.
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-298 | the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch., ibid., for "in Part A or Part B of the First Schedule"
(w.e.f. 1-11-1956).
3 . Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 2
(w.e.f. 16-9-2016).
176
(2) Parliament has exclusive power to make laws with respect to goods
and services tax where the supply of goods, or of services, or both takes place
in the course of inter-State trade or commerce.
Explanation.—The provisions of this article, shall, in respect of goods
and services tax referred to in clause (5) of article 279A, take effect from the
date recommended by the Goods and Services Tax Council.]
247. Power of Parliament to provide for the establishment of certain
additional courts.—Notwithstanding anything in this Chapter, Parliament may
by law provide for the establishment of any additional courts for the better
administration of laws made by Parliament or of any existing laws with respect
to a matter enumerated in the Union List.
248. Residuary powers of legislation.—(1) 1[Subject to article 246A,
Parliament] has exclusive power to make any law with respect to any matter
not enumerated in the Concurrent List or State List. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-299 | Parliament] has exclusive power to make any law with respect to any matter
not enumerated in the Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a
tax not mentioned in either of those Lists.
249. Power of Parliament to legislate with respect to a matter in the
State List in the national interest.—(1) Notwithstanding anything in the
foregoing provisions of this Chapter, if the Council of States has declared by
resolution supported by not less than two-thirds of the members present and
voting that it is necessary or expedient in the national interest that Parliament
should make laws with respect to 2[goods and services tax provided under article
246A or] any matter enumerated in the State List specified in the resolution, it
shall be lawful for Parliament to make laws for the whole or any part of the
territory of India with respect to that matter while the resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such
period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance
in force of any such resolution is passed in the manner provided in clause (1),
such resolution shall continue in force for a further period of one year from the | https://legislative.gov.in/sites/default/files/COI...pdf |