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e7474170ecfd-300 | 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
date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the
passing of a resolution under clause (1) have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a period of
six months after the resolution has ceased to be in force, except as respects things
done or omitted to be done before the expiration of the said period.
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 3, for
"Parliament" (w.e.f. 16-9-2016).
2. Ins. by s. 4, ibid. (w.e.f. 16-9-2016).
177
250. Power of Parliament to legislate with respect to any matter in
the State List if a Proclamation of Emergency is in operation.—(1)
this Chapter, Parliament shall, while a
Notwithstanding anything
Proclamation of Emergency is in operation, have power to make laws for the
whole or any part of the territory of India with respect to 1[goods and services
tax provided under article 246A or] any of the matters enumerated in the State
List.
in
(2) A law made by Parliament which Parliament would not but for the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-301 | List.
in
(2) A law made by Parliament which Parliament would not but for the
issue of a Proclamation of Emergency have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a period of
six months after the Proclamation has ceased to operate, except as respects things
done or omitted to be done before the expiration of the said period.
251. Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.—Nothing in
articles 249 and 250 shall restrict the power of the Legislature of a State to
make any law which under this Constitution it has power to make, but if any
provision of a law made by the Legislature of a State is repugnant to any
provision of a law made by Parliament which Parliament has under either of the
said articles power to make, the law made by Parliament, whether passed
before or after the law made by the Legislature of the State, shall prevail, and
the law made by the Legislature of the State shall to the extent of the
repugnancy, but so long only as the law made by Parliament continues to have
effect, be inoperative.
252. Power of Parliament to legislate for two or more States by | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-302 | effect, be inoperative.
252. Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.—(1) If it
appears to the Legislatures of two or more States to be desirable that any of the
matters with respect to which Parliament has no power to make laws for the
States except as provided in articles 249 and 250 should be regulated in such
States by Parliament by law, and if resolutions to that effect are passed by all
the Houses of the Legislatures of those States, it shall be lawful for Parliament
to pass an act for regulating that matter accordingly, and any Act so passed
shall apply to such States and to any other State by which it is adopted
afterwards by resolution passed in that behalf by the House or, where there are
two Houses, by each of the Houses of the Legislature of that State.
1 . Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 5
(w.e.f. 16-9-2016).
178
(2) Any Act so passed by Parliament may be amended or repealed by an
Act of Parliament passed or adopted in like manner but shall not, as respects
any State to which it applies, be amended or repealed by an Act of the
Legislature of that State. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-303 | any State to which it applies, be amended or repealed by an Act of the
Legislature of that State.
253. Legislation for giving effect to international agreements.—
Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the territory
of India for implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international conference,
association or other body.
254. Inconsistency between laws made by Parliament and laws made
by the Legislatures of States.—(1) If any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament which Parliament is competent to enact, or to any provision of an
existing law with respect to one of the matters enumerated in the Concurrent
List, then, subject to the provisions of clause (2), the law made by Parliament,
whether passed before or after the law made by the Legislature of such State,
or, as the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State 1*** with respect to
one of the matters enumerated in the Concurrent List contains any provision | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-304 | one of the matters enumerated in the Concurrent List contains any provision
repugnant to the provisions of an earlier law made by Parliament or an existing
law with respect to that matter, then, the law so made by the Legislature of such
State shall, if it has been reserved for the consideration of the President and has
received his assent, prevail in that State:
Provided that nothing in this 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 Legislature
of the State.
255. Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.—No Act of Parliament or of the
Legislature of a State 1***, and no provision in any such Act, shall be invalid
by reason only that some recommendation or previous sanction required by this
Constitution was not given, if assent to that Act was given—
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).
179
(a) where the recommendation required was that of the Governor,
either by the Governor or by the President;
(b) where
the recommendation required was
Rajpramukh, either by the Rajpramukh or by the President;
that of
the
(c) where the recommendation or previous sanction required was
that of the President, by the President.
CHAPTER II.—ADMINISTRATIVE RELATIONS
General | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-305 | that of
the
(c) where the recommendation or previous sanction required was
that of the President, by the President.
CHAPTER II.—ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union.—The executive power of every
State shall be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that State, and the executive
power of the Union shall extend to the giving of such directions to a State as may
appear to the Government of India to be necessary for that purpose.
257. Control of the Union over States in certain cases.—(1) The
executive power of every State shall be so exercised as not to impede or
prejudice the exercise of the executive power of the Union, and the executive
power of the Union shall extend to the giving of such directions to a State as
may appear to the Government of India to be necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving of
directions to a State as to the construction and maintenance of means of
communication declared in the direction to be of national or military
importance:
Provided that nothing in this clause shall be taken as restricting the
power of Parliament to declare highways or waterways to be national highways
or national waterways or the power of the Union with respect to the highways
or waterways so declared or the power of the Union to construct and maintain | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-306 | or national waterways or the power of the Union with respect to the highways
or waterways so declared or the power of the Union to construct and maintain
means of communication as part of its functions with respect to naval, military
and air force works.
(3) The executive power of the Union shall also extend to the giving of
directions to a State as to the measures to be taken for the protection of the
railways within the State.
(4) Where in carrying out any direction given to a State under clause (2)
as to the construction or maintenance of any means of communication or under
clause (3) as to the measures to be taken for the protection of any railway, costs
have been incurred in excess of those which would have been incurred in the
discharge of the normal duties of the State if such direction had not been given,
there shall be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an arbitrator
appointed by the Chief Justice of India, in respect of the extra costs so incurred
by the State.
180
1[257A. [Assistance to States by deployment of armed forces or other
(Forty-fourth
the Constitution
forces of
Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979).]
the Union.].—Omitted by
258. Power of the Union to confer powers, etc., on States in certain
cases.—(1) Notwithstanding anything in this Constitution, the President may, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-307 | 258. Power of the Union to confer powers, etc., on States in certain
cases.—(1) Notwithstanding anything in this Constitution, the President may,
with the consent of the Government of a State, entrust either conditionally or
unconditionally to that Government or to its officers functions in relation to any
matter to which the executive power of the Union extends.
(2) A law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the Legislature
of the State has no power to make laws, confer powers and impose duties, or
authorise the conferring of powers and the imposition of duties, upon the State
or officers and authorities thereof.
(3) Where by virtue of this article powers and duties have been conferred
or imposed upon a State or officers or authorities thereof, there shall be paid by
the Government of India to the State such sum as may be agreed, or, in default
of agreement, as may be determined by an arbitrator appointed by the Chief
Justice of India, in respect of any extra costs of administration incurred by the
State in connection with the exercise of those powers and duties.
2[258A. Power of the States to entrust functions to the Union.—
Notwithstanding anything in this Constitution, the Governor of a State may,
with the consent of the Government of India, entrust either conditionally or
unconditionally to that Government or to its officers functions in relation to any | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-308 | unconditionally to that Government or to its officers functions in relation to any
matter to which the executive power of the State extends.]
[259. Armed Forces in 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).
260. Jurisdiction of the Union in relation to territories outside
India.—The Government of India may by agreement with the Government of
any territory not being part of the territory of India undertake any executive,
legislative or judicial functions vested in the Government of such territory, but
every such agreement shall be subject to, and governed by, any law relating to
the exercise of foreign jurisdiction for the time being in force.
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977).
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 18 (w.e.f. 1-11-1956).
181
261. Public acts, records and judicial proceedings.—(1) Full faith and
credit shall be given throughout the territory of India to public acts, records and
judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts,
records and proceedings referred to in clause (1) shall be proved and the effect
thereof determined shall be as provided by law made by Parliament. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-309 | records and proceedings referred to in clause (1) shall be proved and the effect
thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any
part of the territory of India shall be capable of execution anywhere within that
territory according to law.
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers
or river valleys.—(1) Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution or control of the
waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by
law provide that neither the Supreme Court nor any other court shall exercise
jurisdiction in respect of any such dispute or complaint as is referred to in
clause (1).
Co-ordination between States
263. Provisions with respect to an inter-State Council.—If at any time
it appears to the President that the public interests would be served by the
establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have
arisen between States;
(b) investigating and discussing subjects in which some or all of
the States, or the Union and one or more of the States, have a common
interest; or
(c) making recommendations upon any such subject and, in | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-310 | interest; or
(c) making recommendations upon any such subject and, in
particular, recommendations for the better co-ordination of policy and
action with respect to that subject,
it shall be lawful for the President by order to establish such a Council, and to
define the nature of the duties to be performed by it and its organisation and
procedure.
182
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.—FINANCE
General
1[264. Interpretation.—In this Part, “Finance Commission” means a
Finance Commission constituted under article 280.]
265. Taxes not to be imposed save by authority of law.—No tax shall
be levied or collected except by authority of law.
266. Consolidated Funds and public accounts of India and of the
States.—(1) Subject to the provisions of article 267 and to the provisions of
this Chapter with respect to the assignment of the whole or part of the net
proceeds of certain taxes and duties to States, all revenues received by the
Government of India, all loans raised by that Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
that Government in repayment of loans shall form one consolidated fund to be
entitled “the Consolidated Fund of India”, and all revenues received by the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-311 | entitled “the Consolidated Fund of India”, and all revenues received by the
Government of a State, all loans raised by that Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
that Government in repayment of loans shall form one consolidated fund to be
entitled “the Consolidated Fund of the State”.
(2) All other public moneys received by or on behalf of the Government
of India or the Government of a State shall be credited to the public account of
India or the public account of the State, as the case may be.
(3) No moneys out of the Consolidated Fund of India or the
Consolidated Fund of a State shall be appropriated except in accordance with
law and for the purposes and in the manner provided in this Constitution.
267. Contingency Fund.—(1) Parliament may by law establish a
Contingency Fund in the nature of an imprest to be entitled “the Contingency
Fund of India” into which shall be paid from time to time such sums as may be
determined by such law, and the said Fund shall be placed at the disposal of the
President to enable advances to be made by him out of such Fund for the
purposes of meeting unforeseen expenditure pending authorisation of such
expenditure by Parliament by law under article 115 or article 116. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-312 | purposes of meeting unforeseen expenditure pending authorisation of such
expenditure by Parliament by law under article 115 or article 116.
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for art. 264
(w.e.f. 1-11-1956).
183
(2) The Legislature of a State may by law establish a Contingency Fund in
the nature of an imprest to be entitled “the Contingency Fund of the State” into
which shall be paid from time to time such sums as may be determined by such
law, and the said Fund shall be placed at the disposal of the Governor 1*** of the
State to enable advances to be made by him out of such Fund for the purposes of
meeting unforeseen expenditure pending authorisation of such expenditure by the
Legislature of the State by law under article 205 or article 206.
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by
the States.—(1) Such stamp duties 2*** as are mentioned in the Union List shall
be levied by the Government of India but shall be collected—
(a) in the case where such duties are leviable within any 3[Union
territory], by the Government of India, and
(b) in other cases, by the States within which such duties are
respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within
any State shall not form part of the Consolidated Fund of India, but shall be
assigned to that State. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-313 | any State shall not form part of the Consolidated Fund of India, but shall be
assigned to that State.
4268A. [Service tax levied by Union and collected and appropriated by
the Union and the States.].—Omitted by the Constitution (One Hundred and
First Amendment) Act, 2016, s. 7 (w.e.f. 16-9-2016).
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "and such duties of excise on medicinal and toilet preparations"
omitted by the Constitution (One Hundred and First Amendment) Act, 2016, s. 6,
(w.e.f. 16-9-2016).
3. 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).
4. Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 2 (not enforced).
184
269. Taxes levied and collected by the Union but assigned to the
States.— 1 [(1) Taxes on the sale or purchase of goods and taxes on the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-314 | States.— 1 [(1) Taxes on the sale or purchase of goods and taxes on the
consignment of goods 2[except as provided in article 269A] shall be levied and
collected by the Government of India but shall be assigned and shall be deemed
to have been assigned to the States on or after the 1st day of April, 1996 in the
manner provided in clause (2).
Explanation.—For the purposes of this clause,—
(a) the expression "taxes on the sale or purchase of goods" shall
mean taxes on sale or purchase of goods other than newspapers, where
such sale or purchase takes place in the course of inter-State trade or
commerce;
(b) the expression "taxes on the consignment of goods" shall mean
taxes on the consignment of goods (whether the consignment is to the
person making it or to any other person), where such consignment takes
place in the course of inter-State trade or commerce.
(2) The net proceeds in any financial year of any such tax, except in so
far as those proceeds represent proceeds attributable to Union territories, shall
not form part of the Consolidated Fund of India, but shall be assigned to the
States within which that tax is leviable in that year, and shall be distributed
among those States in accordance with such principles of distribution as may be
formulated by Parliament by law.]
3[(3) Parliament may by law formulate principles for determining when a | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-315 | among those States in accordance with such principles of distribution as may be
formulated by Parliament by law.]
3[(3) Parliament may by law formulate principles for determining when a
4[sale or purchase of, or consignment of goods] takes place in the course of
inter-State trade or commerce.]
5[269A. Levy and collection of goods and services tax in course of
inter-State trade or commerce.— (1) Goods and services tax on supplies in
the course of inter-State trade or commerce shall be levied and collected by the
Government of India and such tax shall be apportioned between the Union and
the States in the manner as may be provided by Parliament by law on the
recommendations of the Goods and Services Tax Council.
1. Subs. by the Constitution (Eightieth Amendment) Act, 2000. s. 2, for cls. (1) and (2)
(w.e.f. 9-6-2000).
2 . Ins. by the Constitution (One Hundred and First Amendment) Act, 2016 s. 8,
(w.e.f. 16-9-2016).
3. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3 (w.e.f. 11-9-1956).
4 . Subs. by the Constitution (Forty-sixth Amendment) Act, 1982. s. 2, for "sale or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-316 | purchase of goods" (w.e.f. 2-2-1983).
5 . Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 9
(w.e.f. 16-9-2016).
185
Explanation.—For the purposes of this clause, supply of goods, or of
services, or both in the course of import into the territory of India shall be
deemed to be supply of goods, or of services, or both in the course of inter-
State trade or commerce.
(2) The amount apportioned to a State under clause (1) shall not form
part of the Consolidated Fund of India.
(3) Where an amount collected as tax levied under clause (1) has been
used for payment of the tax levied by a State under article 246A, such amount
shall not form part of the Consolidated Fund of India.
(4) Where an amount collected as tax levied by a State under article
246A has been used for payment of the tax levied under clause (1), such
amount shall not form part of the Consolidated Fund of the State.
(5) Parliament may, by law, formulate the principles for determining the
place of supply, and when a supply of goods, or of services, or both takes place
in the course of inter-State trade or commerce.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-317 | place of supply, and when a supply of goods, or of services, or both takes place
in the course of inter-State trade or commerce.]
1 [270. Taxes levied and distributed between the Union and the
States.—(1) All taxes and duties referred to in the Union List, except the duties
and taxes referred to in 2[articles 268, 269 and 269A], respectively, surcharge
on taxes and duties referred to in article 271 and any cess levied for specific
purposes under any law made by Parliament shall be levied and collected by
the Government of India and shall be distributed between the Union and the
States in the manner provided in clause (2).
3[(1A) The tax collected by the Union under clause (1) of article 246A
shall also be distributed between the Union and the States in the manner
provided in clause (2).
(1B) The tax levied and collected by the Union under clause (2) of
article 246A and article 269A, which has been used for payment of the tax
levied by the Union under clause (1) of article 246A, and the amount
apportioned to the Union under clause (1) of article 269A, shall also be | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-318 | apportioned to the Union under clause (1) of article 269A, shall also be
distributed between the Union and the States in the manner provided in clause
(2).]
1 . Subs. by the Constitution (Eightieth Amendment) Act, 2000, s. 3, for art. 270
(w.e.f. 1-4-1996).
2. Subs. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 3, for “articles 268
and 269” (not enforced) and further subs. by the Constitution (One Hundred and First
Amendment) Act, 2016, s. 10, for arts. 268, 268A and 269 (w.e.f. 16 -9-2016).
3. Ins. by s. 10, ibid. (w.e.f. 16-9-2016).
186
(2) Such percentage, as may be prescribed, of the net proceeds of any
such tax or duty in any financial year shall not form part of the Consolidated
Fund of India, but shall be assigned to the States within which that tax or duty
is leviable in that year, and shall be distributed among those States in such
manner and from such time as may be prescribed in the manner provided in
clause (3).
(3) In this article, "prescribed" means, —
(i) until a Finance Commission has been constituted, prescribed by | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-319 | clause (3).
(3) In this article, "prescribed" means, —
(i) until a Finance Commission has been constituted, prescribed by
the President by order, and
(ii) after a Finance Commission has been constituted, prescribed by
the President by order after considering the recommendations of the
Finance Commission.]
271. Surcharge on certain duties and taxes for purposes of the
Union.—Notwithstanding anything in articles 269 and 270, Parliament may at
any time increase any of the duties or taxes referred to in those articles 1[except
the goods and services tax under article 246A,] by a surcharge for purposes of
the Union and the whole proceeds of any such surcharge shall form part of the
Consolidated Fund of India.
[272. Taxes which are levied and collected by the Union and may be
distributed between the Union and the States.].—Omitted by the Constitution
(Eightieth Amendment) Act, 2000, s. 4. (w.e.f. 9-6-2000).
273. Grants in lieu of export duty on jute and jute products.—(1)
There shall be charged on the Consolidated Fund of India in each year as
grants-in-aid of the revenues of the States of Assam, Bihar, 2[Odisha] and West
Bengal, in lieu of assignment of any share of the net proceeds in each year of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-320 | Bengal, in lieu of assignment of any share of the net proceeds in each year of
export duty on jute and jute products to those States, such sums as may be
prescribed.
(2) The sums so prescribed shall continue to be charged on the
Consolidated Fund of India so long as any export duty on jute or jute products
continues to be levied by the Government of India or until the expiration of ten
years from the commencement of this Constitution whichever is earlier.
1 . Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 11
(w.e.f. 16-9-2016).
2. Subs. by the Orissa (Alteration of Name) Act, 2011 (15 of 2011), s. 5, for "Orissa"
(w.e.f. 1-11-2011).
187
(3) In this article, the expression “prescribed” has the same meaning as
in article 270.
274. Prior recommendation of President required to Bills affecting
taxation in which States are interested.—(1) No Bill or amendment which
imposes or varies any tax or duty in which States are interested, or which varies
the meaning of the expression “agricultural income” as defined for the purposes
of the enactments relating to Indian income-tax, or which affects the principles
on which under any of the foregoing provisions of this Chapter moneys are or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-321 | of the enactments relating to Indian income-tax, or which affects the principles
on which under any of the foregoing provisions of this Chapter moneys are or
may be distributable to States, or which imposes any such surcharge for the
purposes of the Union as is mentioned in the foregoing provisions of this
Chapter, shall be introduced or moved in either House of Parliament except on
the recommendation of the President.
(2) In this article, the expression “tax or duty in which States are
interested” means—
(a) a tax or duty the whole or part of the net proceeds whereof are
assigned to any State; or
(b) a tax or duty by reference to the net proceeds whereof sums
are for the time being payable out of the Consolidated Fund of India to
any State.
275. Grants from the Union to certain States.—(1) Such sums as
Parliament may by law provide shall be charged on the Consolidated Fund of
India in each year as grants-in-aid of the revenues of such States as Parliament
may determine to be in need of assistance, and different sums may be fixed for
different States:
Provided that there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of a State such capital and recurring sums as may
be necessary to enable that State to meet the costs of such schemes of
development as may be undertaken by the State with the approval of the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-322 | development as may be undertaken by the State with the approval of the
Government of India for the purpose of promoting the welfare of the Scheduled
Tribes in that State or raising the level of administration of the Scheduled Areas
therein to that of the administration of the rest of the areas of that State:
Provided further that there shall be paid out of the Consolidated Fund of
India as grants-in-aid of the revenues of the State of Assam sums, capital and
recurring, equivalent to—
188
(a) the average excess of expenditure over the revenues during the
two years immediately preceding the commencement of this Constitution
in respect of the administration of the tribal areas specified in 1[Part I] of
the table appended to paragraph 20 of the Sixth Schedule; and
(b) the costs of such schemes of development as may be
undertaken by that State with the approval of the Government of India
for the purpose of raising the level of administration of the said areas to
that of the administration of the rest of the areas of that State.
2[(1A) On and from the formation of the autonomous State under article
244A,—
(i) any sums payable under clause (a) of the second proviso to
clause (1) shall, if the autonomous State comprises all the tribal areas
referred to therein, be paid to the autonomous State, and, if the
autonomous State comprises only some of those tribal areas, be
apportioned between the State of Assam and the autonomous State as the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-323 | autonomous State comprises only some of those tribal areas, be
apportioned between the State of Assam and the autonomous State as the
President may, by order, specify;
(ii) there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the revenues of the autonomous State sums, capital and
recurring, equivalent to the costs of such schemes of development as
may be undertaken by the autonomous State with the approval of the
Government of India for
level of
administration of that State to that of the administration of the rest of the
State of Assam.]
(2) Until provision is made by Parliament under clause (1), the powers
conferred on Parliament under that clause shall be exercisable by the President
by order and any order made by the President under this clause shall have effect
subject to any provision so made by Parliament:
the purpose of raising
the
Provided that after a Finance Commission has been constituted no order
shall be made under this clause by the President except after considering the
recommendations of the Finance Commission.
276. Taxes on professions, trades, callings and employments.—(1)
Notwithstanding anything in article 246, no law of the Legislature of a State relating
to taxes for the benefit of the State or of a municipality, district board, local board or
other local authority therein in respect of professions, trades, callings or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-324 | other local authority therein in respect of professions, trades, callings or
employments shall be invalid on the ground that it relates to a tax on income.
1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71,
for "Part A" (w.e.f. 21-1-1972).
2. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3 (w.e.f. 25-9-1969).
189
(2) The total amount payable in respect of any one person to the State or
to any one municipality, district board, local board or other local authority in
the State by way of taxes on professions, trades, callings and employments
shall not exceed 1[two thousand and five hundred rupees] per annum.
2*
(3) The power of the Legislature of a State to make laws as aforesaid
with respect to taxes on professions, trades, callings and employments shall not
be construed as limiting in any way the power of Parliament to make laws with
respect to taxes on income accruing from or arising out of professions, trades,
callings and employments.
277. Savings.—Any taxes, duties, cesses or fees which, immediately
before the commencement of this Constitution, were being lawfully levied by
the Government of any State or by any municipality or other local authority or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-325 | before the commencement of this Constitution, were being lawfully levied by
the Government of any State or by any municipality or other local authority or
body for the purposes of the State, municipality, district or other local area
may, notwithstanding that those taxes, duties, cesses or fees are mentioned in
the Union List, continue to be levied and to be applied to the same purposes
until provision to the contrary is made by Parliament by law.
278. [Agreement with States in Part B of the First Schedule with regard
the Constitution (Seventh
to certain
Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).
financial matters.].—Omitted by
279. Calculation of “net proceeds”, etc.—(1) In the foregoing
provisions of this Chapter, “net proceeds” means in relation to any tax or duty
the proceeds thereof reduced by the cost of collection, and for the purposes of
those provisions the net proceeds of any tax or duty, or of any part of any tax or
duty, in or attributable to any area shall be ascertained and certified by the
Comptroller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this
Chapter, a law made by Parliament or an order of the President may, in any | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-326 | Chapter, a law made by Parliament or an order of the President may, in any
case where under this Part the proceeds of any duty or tax are, or may be,
assigned to any State, provide for the manner in which the proceeds are to be
calculated, for the time from or at which and the manner in which any
payments are to be made, for the making of adjustments between one financial
year and another, and for any other incidental or ancillary matters.
1. Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for "two hundred and
fifty rupees" (w.e.f. 20-12-1988).
2. Proviso omitted by s.2, ibid. (w.e.f. 20-12-1988).
190
1[279A. Goods and Services Tax Council.—(1) The President shall,
within sixty days from the date of commencement of the Constitution (One
Hundred and First Amendment) Act, 2016, by order, constitute a Council to be
called the Goods and Services Tax Council.
(2) The Goods and Services Tax Council shall consist of the following
members, namely:—
(a) the Union Finance Minister — Chairperson;
(b) the Union Minister of State in charge of Revenue or
Finance — Member;
(c) the Minister in charge of Finance or Taxation or any other | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-327 | Finance — Member;
(c) the Minister in charge of Finance or Taxation or any other
Minister nominated by each State Government — Members.
(3) The Members of the Goods and Services Tax Council referred to in
sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst
themselves to be the Vice-Chairperson of the Council for such period as they
may decide.
(4) The Goods and Services Tax Council shall make recommendations to
the Union and the States on—
(a) the taxes, cesses and surcharges levied by the Union, the
States and the local bodies which may be subsumed in the goods and
services tax;
(b) the goods and services that may be subjected to, or exempted
from, the goods and services tax;
(c) model Goods and Services Tax Laws, principles of levy,
apportionment of Goods and Services Tax levied on supplies in the
course of inter-State trade or commerce under article 269A and the
principles that govern the place of supply;
(d) the threshold limit of turnover below which goods and services
may be exempted from goods and services tax;
(e) the rates including floor rates with bands of goods and services
tax ;
(f) any special rate or rates for a specified period, to raise
additional resources during any natural calamity or disaster; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-328 | tax ;
(f) any special rate or rates for a specified period, to raise
additional resources during any natural calamity or disaster;
1 . Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 12
(w.e.f. 12-9-2016).
191
(g) special provision with respect to the States of Arunachal
Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and
(h) any other matter relating to the goods and services tax, as the
Council may decide.
(5) The Goods and Services Tax Council shall recommend the date on
which the goods and services tax be levied on petroleum crude, high speed
diesel, motor spirit (commonly known as petrol), natural gas and aviation
turbine fuel.
(6) While discharging the functions conferred by this article, the Goods
and Services Tax Council shall be guided by the need for a harmonised
structure of goods and services tax and for the development of a harmonised
national market for goods and services.
(7) One-half of the total number of Members of the Goods and Services
Tax Council shall constitute the quorum at its meetings.
(8) The Goods and Services Tax Council shall determine the procedure | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-329 | Tax Council shall constitute the quorum at its meetings.
(8) The Goods and Services Tax Council shall determine the procedure
in the performance of its functions.
(9) Every decision of the Goods and Services Tax Council shall be taken
at a meeting, by a majority of not less than three-fourths of the weighted votes
of the members present and voting, in accordance with the following principles,
namely:—
(a) the vote of the Central Government shall have a weightage of
one-third of the total votes cast, and
(b) the votes of all the State Governments taken together shall
have a weightage of two-thirds of the total votes cast,
in that meeting.
(10) No act or proceedings of the Goods and Services Tax Council shall
be invalid merely by reason of—
(a) any vacancy in, or any defect in, the constitution of the
Council; or
(b) any defect in the appointment of a person as a Member of the
Council; or
(c) any procedural irregularity of the Council not affecting the
merits of the case.
(11) The Goods and Services Tax Council shall establish a mechanism to
adjudicate any dispute—
192
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on
one side and one or more other States on the other side; or
(c) between two or more States,
arising out of the recommendations of the Council or implementation thereof.]
280. Finance Commission.—(1) The President shall, within two years
from the commencement of this Constitution and thereafter at the expiration of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-330 | 280. Finance Commission.—(1) The President shall, within two years
from the commencement of this Constitution and thereafter at the expiration of
every fifth year or at such earlier time as the President considers necessary, by
order constitute a Finance Commission which shall consist of a Chairman and
four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be
requisite for appointment as members of the Commission and the manner in
which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to
the President as to—
(a) the distribution between the Union and the States of the net
proceeds of taxes which are to be, or may be, divided between them
under this Chapter and the allocation between the States of the respective
shares of such proceeds;
(b) the principles which should govern the grants-in-aid of the
revenues of the States out of the Consolidated Fund of India;
1[(bb) the measures needed to augment the Consolidated Fund of a
State to supplement the resources of the Panchayats in the State on the basis
of the recommendations made by the Finance Commission of the State;]
2[(c) the measures needed to augment the Consolidated Fund of a
State to supplement the resources of the Municipalities in the State on
the basis of the recommendations made by the Finance Commission of
the State;] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-331 | the basis of the recommendations made by the Finance Commission of
the State;]
3 [(d)] any other matter referred to the Commission by the
President in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such
powers in the performance of their functions as Parliament may by law confer
on them.
1. Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993).
2. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993).
3. Sub-clause (c) re-lettered as sub-clause (d) by s. 3, ibid. (w.e.f. 1-6-1993).
193
281. Recommendations of the Finance Commission.—The President
shall cause every recommendation made by the Finance Commission under the
provisions of this Constitution together with an explanatory memorandum as to
the action taken thereon to be laid before each House of Parliament.
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its
revenues.—The Union or a State may make any grants for any public purpose,
notwithstanding that the purpose is not one with respect to which Parliament or
the Legislature of the State, as the case may be, may make laws.
283. Custody, etc., of Consolidated Funds, Contingency Funds and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-332 | 283. Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts.—(1) The custody of
the
Consolidated Fund of India and the Contingency Fund of India, the payment of
moneys into such Funds, the withdrawal of moneys therefrom, the custody of
public moneys other than those credited to such Funds received by or on behalf
of the Government of India, their payment into the public account of India and
the withdrawal of moneys from such account and all other matters connected
with or ancillary to matters aforesaid shall be regulated by law made by
Parliament, and, until provision in that behalf is so made, shall be regulated by
rules made by the President.
(2) The custody of the Consolidated Fund of a State and the
Contingency Fund of a State, the payment of moneys into such Funds, the
withdrawal of moneys therefrom, the custody of public moneys other than
those credited to such Funds received by or on behalf of the Government of the
State, their payment into the public account of the State and the withdrawal of
moneys from such account and all other matters connected with or ancillary to
matters aforesaid shall be regulated by law made by the Legislature of the
State, and, until provision in that behalf is so made, shall be regulated by rules | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-333 | State, and, until provision in that behalf is so made, shall be regulated by rules
made by the Governor 1*** of the State.
284. Custody of suitors' deposits and other moneys received by
public servants and courts.—All moneys received by or deposited with—
(a) any officer employed in connection with the affairs of the
Union or of a State in his capacity as such, other than revenues or
public moneys raised or received by the Government of India or the
Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any
cause, matter, account or persons,
1 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
194
shall be paid into the public account of India or the public account of State, as
the case may be.
285. Exemption of property of the Union from State taxation.—(1)
The property of the Union shall, save in so far as Parliament may by law
otherwise provide, be exempt from all taxes imposed by a State or by any
authority within a State. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-334 | otherwise provide, be exempt from all taxes imposed by a State or by any
authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise
provides, prevent any authority within a State from levying any tax on any
property of the Union to which such property was immediately before the
commencement of this Constitution liable or treated as liable, so long as that
tax continues to be levied in that State.
286. Restrictions as to imposition of tax on the sale or purchase of
goods.—(1) No law of a State shall impose, or authorise the imposition of, a
tax on 1[the supply of goods or of services or both, where such supply takes
place]—
(a) outside the State; or
(b) in the course of the import of the 2[goods or services or both]
into, or export of the 2[goods or services or both] out of, the territory of
India.
3[* *
*]
4[(2) Parliament may by law formulate principles for determining when a
5[supply of goods or of services or both] in any of the ways mentioned in
clause (1).
6[(3) *
287. Exemption from taxes on electricity.—Save in so far as | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-335 | clause (1).
6[(3) *
287. Exemption from taxes on electricity.—Save in so far as
Parliament may by law otherwise provide, no law of a State shall impose, or
authorise the imposition of, a tax on the consumption or sale of electricity
(whether produced by a Government or other persons) which is—
*]
1. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13,
for "the sale or purchase of goods where such sale or purchase takes place"
(w.e.f. 16-9-2016).
2. Subs. by s. 13 (i)(B), ibid., for "goods" (w.e.f. 16-9-2016).
3. Explanation to cl. (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4
(w.e.f. 11-9-1956).
4. Subs. by s.4, ibid., for cls. (2) and (3) (w.e.f. 11-9-1956).
5. Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 13(ii),
for "sale or purchase of goods takes place" (w.e.f. 16-9-2016). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-336 | for "sale or purchase of goods takes place" (w.e.f. 16-9-2016).
6. Cl. (3) omitted by s. 13 (iii), ibid. (w.e.f. 16-9-2016).
195
(a) consumed by the Government of India, or sold to the
Government of India for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of any
railway by the Government of India or a railway company operating that
railway, or sold to that Government or any such railway company for
consumption in the construction, maintenance or operation of any
railway,
and any such law imposing, or authorising the imposition of, a tax on the sale
of electricity shall secure that the price of electricity sold to the Government of
India for consumption by that Government, or to any such railway company as
aforesaid for consumption in the construction, maintenance or operation of any
railway, shall be less by the amount of the tax than the price charged to other
consumers of a substantial quantity of electricity.
288. Exemption from taxation by States in respect of water or
electricity in certain cases.—(1) Save in so far as the President may by order
otherwise provide, no law of a State in force immediately before the
commencement of this Constitution shall impose, or authorise the imposition
of, a tax in respect of any water or electricity stored, generated, consumed, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-337 | of, a tax in respect of any water or electricity stored, generated, consumed,
distributed or sold by any authority established by any existing law or any law
made by Parliament for regulating or developing any inter-State river or
river-valley.
Explanation.—The expression “law of a State in force” in this clause
shall include a law of a State passed or made before the commencement of this
Constitution and not previously repealed, notwithstanding that it or parts of it
may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the
imposition of, any such tax as is mentioned in clause (1), but no such law shall
have any effect unless it has, after having been reserved for the consideration of
the President, received his assent; and if any such law provides for the fixation
of the rates and other incidents of such tax by means of rules or orders to be
made under the law by any authority, the law shall provide for the previous
consent of the President being obtained to the making of any such rule or order.
289. Exemption of property and income of a State from Union
taxation.—(1) The property and income of a State shall be exempt from Union
taxation.
196
(2) Nothing in clause (1) shall prevent the Union from imposing, or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-338 | taxation.
196
(2) Nothing in clause (1) shall prevent the Union from imposing, or
authorising the imposition of, any tax to such extent, if any, as Parliament may
by law provide in respect of a trade or business of any kind carried on by, or on
behalf of, the Government of a State, or any operations connected therewith, or
any property used or occupied for the purposes of such trade or business, or any
income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any
class of trade or business, which Parliament may by law declare to be incidental
to the ordinary functions of Government.
290. Adjustment in respect of certain expenses and pensions.—
Where under the provisions of this Constitution the expenses of any court or
Commission, or the pension payable to or in respect of a person who has served
before the commencement of this Constitution under the Crown in India or
after such commencement in connection with the affairs of the Union or of a
State, are charged on the Consolidated Fund of India or the Consolidated Fund
of a State, then, if—
(a) in the case of a charge on the Consolidated Fund of India, the
court or Commission serves any of the separate needs of a State, or the
person has served wholly or in part in connection with the affairs of a
State; or
(b) in the case of a charge on the Consolidated Fund of a State, the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-339 | State; or
(b) in the case of a charge on the Consolidated Fund of a State, the
court or Commission serves any of the separate needs of the Union or
another State, or the person has served wholly or in part in connection
with the affairs of the Union or another State,
there shall be charged on and paid out of the Consolidated Fund of the State or,
as the case may be, the Consolidated Fund of India or the Consolidated Fund of
the other State, such contribution in respect of the expenses or pension as may
be agreed, or as may in default of agreement be determined by an arbitrator to
be appointed by the Chief Justice of India.
1[290A. Annual payment to certain Devaswom Funds.—A sum of
forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of,
the Consolidated Fund of the State of Kerala every year to the Travancore
Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be
charged on, and paid out of, the Consolidated Fund of the State of 2[Tamil
Nadu] every year to the Devaswom Fund established in that State for the
maintenance of Hindu temples and shrines in the territories transferred to that
State on the 1st day of November, 1956, from the State of Travancore-Cochin.]
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19 (w.e.f. 1-11-1956). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-340 | 1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 19 (w.e.f. 1-11-1956).
2. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for
"Madras" (w.e.f. 14-1-1969).
197
291. [Privy purse sums of Rulers.].—Omitted by the Constitution
(Twenty-sixth Amendment) Act, 1971, s. 2 (w.e.f. 28-12-1971).
CHAPTER II.—BORROWING
292. Borrowing by the Government of India.—The executive power
of the Union extends to borrowing upon the security of the Consolidated Fund
of India within such limits, if any, as may from time to time be fixed by
Parliament by law and to the giving of guarantees within such limits, if any, as
may be so fixed.
293. Borrowing by States.—(1) Subject to the provisions of this article,
the executive power of a State extends to borrowing within the territory of India
upon the security of the Consolidated Fund of the State within such limits, if any,
as may from time to time be fixed by the Legislature of such State by law and to
the giving of guarantees within such limits, if any, as may be so fixed.
(2) The Government of India may, subject to such conditions as may be
laid down by or under any law made by Parliament, make loans to any State or, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-341 | (2) The Government of India may, subject to such conditions as may be
laid down by or under any law made by Parliament, make loans to any State or,
so long as any limits fixed under article 292 are not exceeded, give guarantees
in respect of loans raised by any State, and any sums required for the purpose
of making such loans shall be charged on the Consolidated Fund of India.
(3) A State may not without the consent of the Government of India raise
any loan if there is still outstanding any part of a loan which has been made to
the State by the Government of India or by its predecessor Government, or in
respect of which a guarantee has been given by the Government of India or by
its predecessor Government.
(4) A consent under clause (3) may be granted subject to such
conditions, if any, as the Government of India may think fit to impose.
CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS, LIABILITIES,
OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations
in certain cases.—As from the commencement of this Constitution—
(a) all property and assets which immediately before such
commencement were vested in His Majesty for the purposes of the
Government of the Dominion of India and all property and assets which
immediately before such commencement were vested in His Majesty for
the purposes of the Government of each Governor’s Province shall vest
respectively in the Union and the corresponding State, and
198
(b) all rights, liabilities and obligations of the Government of the
Dominion of India and of the Government of each Governor's Province, | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-342 | 198
(b) all rights, liabilities and obligations of the Government of the
Dominion of India and of the Government of each Governor's Province,
whether arising out of any contract or otherwise, shall be the rights,
liabilities and obligations respectively of the Government of India and
the Government of each corresponding State,
subject to any adjustment made or to be made by reason of the creation before
the commencement of this Constitution of the Dominion of Pakistan or of the
Provinces of West Bengal, East Bengal, West Punjab and East Punjab.
295. Succession to property, assets, rights, liabilities and obligations
in other cases.—(1) As from the commencement of this Constitution—
(a) all property and assets which immediately before such
commencement were vested in any Indian State corresponding to a State
specified in Part B of the First Schedule shall vest in the Union, if the
purposes for which such property and assets were held immediately
before such commencement will thereafter be purposes of the Union
relating to any of the matters enumerated in the Union List, and
(b) all rights, liabilities and obligations of the Government of any
Indian State corresponding to a State specified in Part B of the First
Schedule, whether arising out of any contract or otherwise, shall be the
rights, liabilities and obligations of the Government of India, if the purposes
for which such rights were acquired or liabilities or obligations were incurred
before such commencement will thereafter be purposes of the Government | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-343 | rights, liabilities and obligations of the Government of India, if the purposes
for which such rights were acquired or liabilities or obligations were incurred
before such commencement will thereafter be purposes of the Government
of India relating to any of the matters enumerated in the Union List,
subject to any agreement entered into in that behalf by the Government of India
with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B
of the First Schedule shall, as from the commencement of this Constitution, be the
successor of the Government of the corresponding Indian State as regards all
property and assets and all rights, liabilities and obligations, whether arising out
of any contract or otherwise, other than those referred to in clause (1).
296. Property accruing by escheat or lapse or as bona vacantia.—
Subject as hereinafter provided, any property in the territory of India which, if
this Constitution had not come into operation, would have accrued to His Majesty
or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as
bona vacantia for want of a rightful owner, shall, if it is property situate in a
State, vest in such State, and shall, in any other case, vest in the Union:
199
Provided that any property which at the date when it would have so
accrued to His Majesty or to the Ruler of an Indian State was in the possession
or under the control of the Government of India or the Government of a State | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-344 | accrued to His Majesty or to the Ruler of an Indian State was in the possession
or under the control of the Government of India or the Government of a State
shall, according as the purposes for which it was then used or held were
purposes of the Union or of a State, vest in the Union or in that State.
Explanation.—In this article, the expressions “Ruler” and “Indian State”
have the same meanings as in article 363.
1[297. Things of value within territorial waters or continental shelf
and resources of the exclusive economic zone to vest in the Union.—(1) All
lands, minerals and other things of value underlying the ocean within the
territorial waters, or the continental shelf, or the exclusive economic zone, of
India shall vest in the Union and be held for the purposes of the Union.
(2) All other resources of the exclusive economic zone of India shall also
vest in the Union and be held for the purposes of the Union.
(3) The limits of the territorial waters, the continental shelf, the exclusive
economic zone, and other maritime zones, of India shall be such as may be
specified, from time to time, by or under any law made by Parliament.]
2[298. Power to carry on trade, etc.—The executive power of the
Union and of each State shall extend to the carrying on of any trade or business
and to the acquisition, holding and disposal of property and the making of
contracts for any purpose:
Provided that— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-345 | and to the acquisition, holding and disposal of property and the making of
contracts for any purpose:
Provided that—
(a) the said executive power of the Union shall, in so far as such
trade or business or such purpose is not one with respect to which
Parliament may make laws, be subject in each State to legislation by the
State; and
(b) the said executive power of each State shall, in so far as such
trade or business or such purpose is not one with respect to which the
State Legislature may make laws, be subject to legislation by
Parliament.]
1. Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2 (w.e.f. 27 -5-1976).
2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20 (w.e.f. 1-11-1956).
200
299. Contracts.—(1) All contracts made in the exercise of the executive
power of the Union or of a State shall be expressed to be made by the
President, or by the Governor 1*** of the State, as the case may be, and all such
contracts and all assurances of property made in the exercise of that power shall
be executed on behalf of the President or the Governor 1*** by such persons
and in such manner as he may direct or authorise.
(2) Neither the President nor the Governor 2*** shall be personally liable | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-346 | and in such manner as he may direct or authorise.
(2) Neither the President nor the Governor 2*** shall be personally liable
in respect of any contract or assurance made or executed for the purposes of
this Constitution, or for the purposes of any enactment relating to the
Government of India heretofore in force, nor shall any person making or
executing any such contract or assurance on behalf of any of them be
personally liable in respect thereof.
300. Suits and proceedings.—(1) The Government of India may sue or
be sued by the name of the Union of India and the Government of a State may
sue or be sued by the name of the State and may, subject to any provisions
which may be made by Act of Parliament or of the Legislature of such State
enacted by virtue of powers conferred by this Constitution, sue or be sued in
relation to their respective affairs in the like cases as the Dominion of India and
the corresponding Provinces or the corresponding Indian States might have
sued or been sued if this Constitution had not been enacted.
(2) If at the commencement of this Constitution—
(a) any legal proceedings are pending to which the Dominion of
India is a party, the Union of India shall be deemed to be substituted for
the Dominion in those proceedings; and | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-347 | India is a party, the Union of India shall be deemed to be substituted for
the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an
Indian State is a party, the corresponding State shall be deemed to be
substituted for the Province or the Indian State in those proceedings.
3[CHAPTER IV.—RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of
law.— No person shall be deprived of his property save by authority of law.]
1. The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "nor the Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 34 (w.e.f. 20-6-1979).
201
PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse.—Subject to the
other provisions of this Part, trade, commerce and intercourse throughout the
territory of India shall be free.
302. Power of Parliament to impose restrictions on trade, commerce
and intercourse.—Parliament may by law impose such restrictions on the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-348 | 302. Power of Parliament to impose restrictions on trade, commerce
and intercourse.—Parliament may by law impose such restrictions on the
freedom of trade, commerce or intercourse between one State and another or
within any part of the territory of India as may be required in the public
interest.
303. Restrictions on the legislative powers of the Union and of the
States with regard to trade and commerce.—(1) Notwithstanding anything
in article 302, neither Parliament nor the Legislature of a State shall have power
to make any law giving, or authorising the giving of, any preference to one
State over another, or making, or authorising the making of, any discrimination
between one State and another, by virtue of any entry relating to trade and
commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law
giving, or authorising the giving of, any preference or making, or authorising
the making of, any discrimination if it is declared by such law that it is
necessary to do so for the purpose of dealing with a situation arising from
scarcity of goods in any part of the territory of India.
304. Restrictions on trade, commerce and intercourse among
States.—Notwithstanding anything in article 301 or article 303, the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-349 | States.—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—
(a) impose on goods imported from other States 1[or the Union
territories] any tax to which similar goods manufactured or produced in
that State are subject, so, however, as not to discriminate between goods
so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade,
commerce or intercourse with or within that State as may be required in
the public interest:
1 . Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
202
Provided that no Bill or amendment for the purposes of clause (b) shall
be introduced or moved in the Legislature of a State without the previous
sanction of the President.
1 [305. Saving of existing laws and laws providing for State
monopolies.—Nothing in articles 301 and 303 shall affect the provisions of
any existing law except in so far as the President may by order otherwise
direct; and nothing in article 301 shall affect the operation of any law made
before the commencement of the Constitution (Fourth Amendment) Act, 1955,
in so far as it relates to, or prevent Parliament or the Legislature of a State from | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-350 | before the commencement of the Constitution (Fourth Amendment) Act, 1955,
in so far as it relates to, or prevent Parliament or the Legislature of a State from
making any law relating to, any such matter as is referred to in sub-clause (ii)
of clause (6) of article 19.]
306. [Power of certain States in Part B of the First Schedule to
impose restrictions on trade and commerce.].—Omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956).
307. Appointment of authority for carrying out the purposes of
articles 301 to 304.—Parliament may by law appoint such authority as it
considers appropriate for carrying out the purposes of articles 301, 302, 303
and 304, and confer on the authority so appointed such powers and such duties
as it thinks necessary.
1 . Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305
(w.e.f. 27-4-1955).
203
PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.— SERVICES
308. Interpretation.—In this Part, unless the context otherwise requires,
the expression “State” 1[does not include the State of Jammu and Kashmir].
309. Recruitment and conditions of service of persons serving the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-351 | 309. Recruitment and conditions of service of persons serving the
Union or a State.—Subject to the provisions of this Constitution, Acts of the
appropriate Legislature may regulate the recruitment, and conditions of service
of persons appointed, to public services and posts in connection with the affairs
of the Union or of any State:
Provided that it shall be competent for the President or such person as he
may direct in the case of services and posts in connection with the affairs of the
Union, and for the Governor 2*** of a State or such person as he may direct in
the case of services and posts in connection with the affairs of the State, to
make rules regulating the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf is made by
or under an Act of the appropriate Legislature under this article, and any rules
so made shall have effect subject to the provisions of any such Act.
310. Tenure of office of persons serving the Union or a State.—(1)
Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an all-
India service or holds any post connected with defence or any civil post under
the Union holds office during the pleasure of the President, and every person
who is a member of a civil service of a State or holds any civil post under a
State holds office during the pleasure of the Governor 3*** of the State.
(2) Notwithstanding that a person holding a civil post under the Union or | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-352 | State holds office during the pleasure of the Governor 3*** of the State.
(2) Notwithstanding that a person holding a civil post under the Union or
a State holds office during the pleasure of the President or, as the case may be,
of the Governor 2*** of the State, any contract under which a person, not being
a member of a defence service or of an all-India service or of a civil service of
the Union or a State, is appointed under this Constitution to hold such a post
may, if the President or the Governor 4***, as the case may be, deems it
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "means
a State specified in Part A or Part B of the First Schedule" (w.e.f. 1 -11-1956).
2. The words "or Rajpramukh" omitted by s.29 and Sch., ibid (w.e.f. 1-11-1956).
3. The words "or, as the case may be, the Rajpramukh" omitted by s.29 and Sch., ibid. .
(w.e.f. 1-11-1956).
4. The words "or the Rajpramukh" omitted by s.29 and Sch., ibid. (w.e.f. 1-11-1956).
204
necessary in order to secure the services of a person having special
qualifications, provide for the payment to him of compensation, if before the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-353 | qualifications, provide for the payment to him of compensation, if before the
expiration of an agreed period that post is abolished or he is, for reasons not
connected with any misconduct on his part, required to vacate that post.
311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.—(1) No person who is a member
of a civil service of the Union or an all-India service or a civil service of a
State or holds a civil post under the Union or a State shall be dismissed or
removed by an authority subordinate to that by which he was appointed.
1[(2) No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed of the
charges against him and given a reasonable opportunity of being heard in
respect of those charges 2***:
3[Provided that where it is proposed after such inquiry, to impose upon
him any such penalty, such penalty may be imposed on the basis of the
evidence adduced during such inquiry and it shall not be necessary to give such
person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply—]
(a) where a person is dismissed or removed or reduced in rank on
the ground of conduct which has led to his conviction on a criminal | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-354 | (a) where a person is dismissed or removed or reduced in rank on
the ground of conduct which has led to his conviction on a criminal
charge; or
(b) where the authority empowered to dismiss or remove a person
or to reduce him in rank is satisfied that for some reason, to be recorded
by that authority in writing, it is not reasonably practicable to hold such
inquiry; or
(c) where the President or the Governor, as the case may be, is
satisfied that in the interest of the security of the State it is not expedient
to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises
whether it is reasonably practicable to hold such inquiry as is referred to in
clause (2), the decision thereon of the authority empowered to dismiss or
remove such person or to reduce him in rank shall be final.]
1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3)
(w.e.f. 5-10-1963).
2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44
(w.e.f. 3-1-1977).
3. Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).
205
312. All-India services.—(1) Notwithstanding anything in 1[Chapter VI | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-355 | 205
312. All-India services.—(1) Notwithstanding anything in 1[Chapter VI
of Part VI or Part XI], 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 so to do, Parliament may by
law provide for the creation of one or more all India services 2[(including an
all-India judicial service)] common to the Union and the States, and, subject to
the other provisions of this Chapter, regulate the recruitment, and the
conditions of service of persons appointed, to any such service.
(2) The services known at the commencement of this Constitution as the
Indian Administrative Service and the Indian Police Service shall be deemed to
be services created by Parliament under this article.
2[(3) The all-India judicial service referred to in clause (1) shall not
include any post inferior to that of a district judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service
aforesaid may contain such provisions for the amendment of Chapter VI of
Part VI as may be necessary for giving effect to the provisions of that law and
no such law shall be deemed to be an amendment of this Constitution for the
purposes of article 368.]
3[312A. Power of Parliament to vary or revoke conditions of service
of officers of certain services.—(1) Parliament may by law— | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-356 | purposes of article 368.]
3[312A. Power of Parliament to vary or revoke conditions of service
of officers of certain services.—(1) Parliament may by law—
(a) vary or revoke, whether prospectively or retrospectively, the
conditions of services as respects remuneration, leave and pension and
the rights as respects disciplinary matters of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, continue on and after
the
Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the
Government of India or of a State in any service or post;
the commencement of
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for "Part XI"
(w.e.f. 3-1-1977).
2. Ins. by s. 45, ibid. (w.e.f. 3-1-1977).
3. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).
206
(b) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects pension of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-357 | appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, retired or otherwise ceased to be in service at any time
before
(Twenty-eighth
Amendment) Act, 1972:
the commencement of
the Constitution
Provided that in the case of any such person who is holding or has held
the office of the Chief Justice or other Judge of the Supreme Court or a High
Court, the Comptroller and Auditor-General of India, the Chairman or other
member of the Union or a State Public Service Commission or the Chief
Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be
construed as empowering Parliament to vary or revoke, after his appointment
to such post, the conditions of his service to his disadvantage except in so far as
such conditions of service are applicable to him by reason of his being a
person appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any Legislature or other
authority under any other provision of this Constitution to regulate the
conditions of service of persons referred to in clause (1). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-358 | authority under any other provision of this Constitution to regulate the
conditions of service of persons referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in—
(a) any dispute arising out of any provision of, or any
endorsement on, any covenant, agreement or other similar instrument
which was entered into or executed by any person referred to in clause
(1), or arising out of any letter issued to such person, in relation to his
appointment to any civil service of the Crown in India or his continuance
in service under the Government of the Dominion of India or a Province
thereof;
(b) any dispute in respect of any right, liability or obligation
under article 314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding
anything in article 314 as originally enacted or in any other provision of this
Constitution.]
207
313. Transitional provisions.—Until other provision is made in this
behalf under this Constitution, all the laws in force immediately before the
commencement of this Constitution and applicable to any public service or any
post which continues to exist after the commencement of this Constitution, as
an all-India service or as service or post under the Union or a State shall
continue in force so far as consistent with the provisions of this Constitution. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-359 | continue in force so far as consistent with the provisions of this Constitution.
314. [Provision for protection of existing officers of certain services.].—
Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3
(w.e.f. 29-8-1972).
CHAPTER II.— PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.—
(1) Subject to the provisions of this article, there shall be a Public Service
Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is passed
by the House or, where there are two Houses, by each House of the Legislature
of each of those States, Parliament may by law provide for the appointment of a
Joint State Public Service Commission (referred to in this Chapter as Joint
Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and
consequential provisions as may be necessary or desirable for giving effect to
the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do
by the Governor 1*** of a State, may, with the approval of the President, agree
to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-360 | to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service
Commission or a State Public Service Commission shall, unless the context
otherwise requires, be construed as references to the Commission serving the
needs of the Union or, as the case may be, the State as respects the particular
matter in question.
316. Appointment and term of office of members.—(1) The Chairman
and other members of a Public Service Commission shall be appointed, in the
case of the Union Commission or a Joint Commission, by the President, and in
the case of a State Commission, by the Governor of the State:
1 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
208
Provided that as nearly as may be one-half of the members of every
Public Service Commission shall be persons who at the dates of their respective
appointments have held office for at least ten years either under the
Government of India or under the Government of a State, and in computing the
said period of ten years any period before the commencement of this
Constitution during which a person has held office under the Crown in India or
under the Government of an Indian State shall be included.
1[(1A) If the office of the Chairman of the Commission becomes vacant
or if any such Chairman is by reason of absence or for any other reason unable | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-361 | 1[(1A) If the office of the Chairman of the Commission becomes vacant
or if any such Chairman is by reason of absence or for any other reason unable
to perform the duties of his office, those duties shall, until some person
appointed under clause (1) to the vacant office has entered on the duties thereof
or, as the case may be, until the Chairman has resumed his duties, be performed
by such one of the other members of the Commission as the President, in the
case of the Union Commission or a Joint Commission, and the Governor of the
State in the case of a State Commission, may appoint for the purpose.]
(2) A member of a Public Service Commission shall hold office for a
term of six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty-five years, and in
the case of a State Commission or a Joint Commission, the age of 2[sixty-two
years], whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing under
his hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to
the Governor 3*** of the State, resign his office;
(b) a member of a Public Service Commission may be removed from
his office in the manner provided in clause (1) or clause (3) of
article 317. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-362 | his office in the manner provided in clause (1) or clause (3) of
article 317.
(3) A person who holds office as a member of a Public Service
Commission shall, on the expiration of his term of office, be ineligible for re-
appointment to that office.
1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963).
2. Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for "sixty years"
(w.e.f. 7-9-1976).
3 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
209
317. Removal and suspension of a member of a Public Service
Commission.—(1) Subject to the provisions of clause (3), the Chairman or
any other member of a Public Service Commission shall only be removed from
his office by order of the President on the ground of misbehaviour after the
Supreme Court, on reference being made to it by the President, has, on inquiry
held in accordance with the procedure prescribed in that behalf under
article 145, reported that the Chairman or such other member, as the case may | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-363 | held in accordance with the procedure prescribed in that behalf under
article 145, reported that the Chairman or such other member, as the case may
be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor 1*** in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the Supreme Court under
clause (1) until the President has passed orders on receipt of the report of the
Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service
Commission is or becomes in any way concerned or interested in any contract
or agreement made by or on behalf of the Government of India or the
Government of a State or participates in any way in the profit thereof or in any | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-364 | Government of a State or participates in any way in the profit thereof or in any
benefit or emolument arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall, for the
purposes of clause (1), be deemed to be guilty of misbehaviour.
318. Power to make regulations as to conditions of service of
members and staff of the Commission.—In the case of the Union
Commission or a Joint Commission, the President and, in the case of a State
Commission, the Governor 1*** of the State may by regulations—
1 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
210
(a) determine the number of members of the Commission and their
conditions of service; and
(b) make provision with respect to the number of members of the
staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.
319. Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.—On ceasing to hold office—
(a) the Chairman of the Union Public Service Commission shall be
ineligible for further employment either under the Government of India | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-365 | (a) the Chairman of the Union Public Service Commission shall be
ineligible for further employment either under the Government of India
or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be
eligible for appointment as the Chairman or any other member of the
Union Public Service Commission or as the Chairman of any other State
Public Service Commission, but not for any other employment either
under the Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service
Commission shall be eligible for appointment as the Chairman of the
Union Public Service Commission or as the Chairman of a State Public
Service Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service
Commission shall be eligible for appointment as the Chairman or any
other member of the Union Public Service Commission or as the
Chairman of that or any other State Public Service Commission, but not
for any other employment either under the Government of India or under
the Government of a State.
320. Functions of Public Service Commissions.—(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of
the State respectively. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-366 | examinations for appointments to the services of the Union and the services of
the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in framing
and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted—
211
(a) on all matters relating to methods of recruitment to civil
services and for civil posts;
(b) on the principles to be followed in making appointments to
civil services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or
has served under the Government of India or the Government of a State
or under the Crown in India or under the Government of an Indian State,
in a civil capacity, that any costs incurred by him in defending legal
proceedings instituted against him in respect of acts done or purporting | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-367 | proceedings instituted against him in respect of acts done or purporting
to be done in the execution of his duty should be paid out of the
Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India or
the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the case
may be, the Governor 1*** of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor 2***, as respects other services and posts in connection with
the affairs of a State, may make regulations specifying the matters in which
either generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to be
consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-368 | consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to
be consulted as respects the manner in which any provision referred to in clause
(4) of article 16 may be made or as respects the manner in which effect may be
given to the provisions of article 335.
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.
(w.e.f. 1-11-1956).
212
(5) All regulations made under the proviso to clause (3) by the President
or the Governor 1*** of a State shall be laid for not less than fourteen days
before each House of Parliament or the House or each House of the Legislature
of the State, as the case may be, as soon as possible after they are made, and
shall be subject to such modifications, whether by way of repeal or amendment,
as both Houses of Parliament or the House or both Houses of the Legislature of
the State may make during the session in which they are so laid.
321. Power to extend functions of Public Service Commissions.—An
Act made by Parliament or, as the case may be, the Legislature of a State may
provide for the exercise of additional functions by the Union Public Service | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-369 | provide for the exercise of additional functions by the Union Public Service
Commission or the State Public Service Commission as respects the services of
the Union or the State and also as respects the services of any local authority or
other body corporate constituted by law or of any public institution.
322. Expenses of Public Service Commissions.—The expenses of the
Union or a State Public Service Commission, including any salaries,
allowances and pensions payable to or in respect of the members or staff of the
Commission, shall be charged on the Consolidated Fund of India or, as the case
may be, the Consolidated Fund of the State.
323. Reports of Public Service Commissions.—(1) It shall be the duty
of the Union Commission to present annually to the President a report as to the
work done by the Commission and on receipt of such report the President shall
cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the
Governor 1*** of the State a report as to the work done by the Commission,
and it shall be the duty of a Joint Commission to present annually to the
Governor 1*** of each of the States the needs of which are served by the Joint
Commission a report as to the work done by the Commission in relation to that | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-370 | Governor 1*** of each of the States the needs of which are served by the Joint
Commission a report as to the work done by the Commission in relation to that
State, and in either case the Governor 2***, shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before the Legislature of the State.
1 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.
(w.e.f. 1-11-1956).
213
1[PART XIVA
TRIBUNALS
323A. Administrative tribunals.—(1) Parliament may, by law, provide
for the adjudication or trial by administrative tribunals of disputes and
complaints with respect to recruitment and conditions of service of persons
appointed to public services and posts in connection with the affairs of the
Union or of any State or of any local or other authority within the territory of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-371 | Union or of any State or of any local or other authority within the territory of
India or under the control of the Government of India or of any corporation
owned or controlled by the Government.
(2) A law made under clause (1) may—
(a) provide for the establishment of an administrative tribunal for the
Union and a separate administrative tribunal for each State or for two or
more States;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to the disputes or
complaints referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of any
cases pending before any court or other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction
of such tribunal if the causes of action on which such suits or
proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3)
of article 371D;
(g) contain such supplemental,
incidental and consequential
provisions (including provisions as to fees) as Parliament may deem
necessary for the effective functioning of, and for the speedy disposal of | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-372 | provisions (including provisions as to fees) as Parliament may deem
necessary for the effective functioning of, and for the speedy disposal of
cases by, and the enforcement of the orders of, such tribunals.
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).
214
(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for the
time being in force.
323B. Tribunals for other matters.—(1) The appropriate Legislature
may, by law, provide for the adjudication or trial by tribunals of any disputes,
complaints, or offences with respect to all or any of the matters specified in
clause (2) with respect to which such Legislature has power to make laws.
(2) The matters referred to in clause (1) are the following, namely:—
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as
defined in article 31A or of any rights therein or the extinguishment or
modification of any such rights or by way of ceiling on agricultural land
or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either
House of the Legislature of a State, but excluding the matters referred to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-373 | (f) elections to either House of Parliament or the House or either
House of the Legislature of a State, but excluding the matters referred to
in article 329 and article 329A;
(g) production, procurement, supply and distribution of food-stuffs
(including edible oilseeds and oils) and such other goods as the President
may, by public notification, declare to be essential goods for the purpose
of this article and control of prices of such goods;
1[(h) rent, its regulation and control and tenancy issues including the
right, title and interest of landlords and tenants;]
2 [(i)] offences against laws with respect to any of the matters
specified in sub-clauses (a) to 3[(h)] and fees in respect of any of those
matters;
1. Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).
2. Sub-clause (h) re-lettered as sub-clause (i) by s. 2, ibid. (w.e.f. 15-5-1994).
3. Subs. by s. 2, ibid., for cl. “(g)” (w.e.f. 15-5-1994).
215
1 [(j)] any matter incidental to any of the matters specified in
sub-clauses (a) to 2[(i)].
(3) A law made under clause (1) may—
(a) provide for the establishment of a hierarchy of tribunals;
(b) specify the jurisdiction, powers (including the power to punish for | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-374 | (a) provide for the establishment of a hierarchy of tribunals;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to all or any of the matters
falling within the jurisdiction of the said tribunals;
(e) provide for the transfer to each such tribunal of any cases pending
before any court or any other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction
of such tribunal if the causes of action on which such suits or
proceedings are based had arisen after such establishment;
incidental and consequential
(f) contain such supplemental,
provisions (including provisions as
the appropriate
to fees) as
Legislature may deem necessary for the effective functioning of, and for
the speedy disposal of cases by, and the enforcement of the orders of,
such tribunals.
(4) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for the
time being in force.
Explanation.—In this article, “appropriate Legislature”, in relation to any
matter, means Parliament or, as the case may be, a State Legislature competent | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-375 | time being in force.
Explanation.—In this article, “appropriate Legislature”, in relation to any
matter, means Parliament or, as the case may be, a State Legislature competent
to make laws with respect to such matter in accordance with the provisions of
Part XI.]
1 . Sub-clause (i) re-lettered as sub-clause (j) by the Constitution (Seventy-fifth
Amendment) Act, 1993, s. 2 (w.e.f. 15-5-1994).
2. Subs. by s. 2, ibid, for “(h)” (w.e.f. 15-5-1994).
216
PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested
in an Election Commission.—(1) The superintendence, direction and control
of the preparation of the electoral rolls for, and the conduct of, all elections to
Parliament and to the Legislature of every State and of elections to the offices
of President and Vice-President held under this Constitution 1*** shall be
vested in a Commission (referred to in this Constitution as the Election
Commission).
(2) The Election Commission shall consist of the Chief Election
Commissioner and such number of other Election Commissioners, if any, as the
President may from time to time fix and the appointment of the Chief Election
Commissioner and other Election Commissioners shall, subject to the provisions
of any law made in that behalf by Parliament, be made by the President. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-376 | Commissioner and other Election Commissioners shall, subject to the provisions
of any law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief
Election Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the
Legislative Assembly of each State, and before the first general election and
thereafter before each biennial election to the Legislative Council of each State
having such Council, the President may also appoint after consultation with the
Election Commission such Regional Commissioners as he may consider
necessary to assist the Election Commission in the performance of the
functions conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made by Parliament, the conditions
of service and tenure of office of the Election Commissioners and the Regional
Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a Judge of the
Supreme Court and the conditions of service of
the Chief Election
Commissioner shall not be varied to his disadvantage after his appointment:
1. The words "including the appointment of election tribunals for the decision of doubts
and disputes arising out of or in connection with elections to Parliament and to the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-377 | and disputes arising out of or in connection with elections to Parliament and to the
Legislatures of States" omitted by the Constitution (Nineteenth Amendment)
Act, 1966, s. 2 (w.e.f. 11-12-1966).
217
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the recommendation
of the Chief Election Commissioner.
(6) The President, or the Governor 1 *** of a State, shall, when so
requested by the Election Commission, make available to the Election
Commission or to a Regional Commissioner such staff as may be necessary for
the discharge of the functions conferred on the Election Commission by
clause (1).
325. No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race, caste or
sex.—There shall be one general electoral roll for every territorial constituency
for election to either House of Parliament or to the House or either House of the
Legislature of a State and no person shall be ineligible for inclusion in any such
roll or claim to be included in any special electoral roll for any such
constituency on grounds only of religion, race, caste, sex or any of them.
326. Elections to the House of the People and to the Legislative | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-378 | 326. Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.—The elections to
the House of the People and to the Legislative Assembly of every State shall be
on the basis of adult suffrage; that is to say, every person who is a citizen of
India and who is not less than 2[eighteen years] of age on such date as may be
fixed in that behalf by or under any law made by the appropriate Legislature
and is not otherwise disqualified under this Constitution or any law made by
the appropriate Legislature on the ground of non-residence, unsoundness of
mind, crime or corrupt or illegal practice, shall be entitled to be registered as a
voter at any such election.
327. Power of Parliament to make provision with respect to elections
to Legislatures.—Subject to the provisions of this Constitution, Parliament
may from time to time by law make provision with respect to all matters
relating to, or in connection with, elections to either House of Parliament or to
the House or either House of the Legislature of a State including the
preparation of electoral rolls, the delimitation of constituencies and all other
matters necessary for securing the due constitution of such House or Houses.
1 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-379 | 1 . The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for "twenty-one
years" (w.e.f. 28-3-1989).
218
328. Power of Legislature of a State to make provision with respect
to elections to such Legislature.—Subject to the provisions of this
Constitution and in so far as provision in that behalf is not made by Parliament,
the Legislature of a State may from time to time by law make provision with
respect to all matters relating to, or in connection with, the elections to the
House or either House of the Legislature of the State including the preparation
of electoral rolls and all other matters necessary for securing the due
constitution of such House or Houses.
329. Bar to
interference by courts
in electoral matters.—
1[Notwithstanding anything in this Constitution 2***—]
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 327 or article 328, shall not be called
in question in any court; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-380 | purporting to be made under article 327 or article 328, shall not be called
in question in any court;
(b) no election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in question
except by an election petition presented to such authority and in such
manner as may be provided for by or under any law made by the
appropriate Legislature.
3329A. [Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.].—Omitted by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words
(w.e.f. 10-8-1975).
2. The words, figures and letter "but subject to the provisions of article 329A" omitted by
the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4 (w.e.f. 10-8-1975).
219
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-381 | 219
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the House of the People.—(1) Seats shall be reserved in the House of the
People for —
(a) the Scheduled Castes;
1[(b) the Scheduled Tribes except the Scheduled Tribes in the
autonomous districts of Assam; and]
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State 2[or Union territory] for
the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as
nearly as may be, the same proportion to the total number of seats allotted to
that State 2[or Union territory] in the House of the People as the population of
the Scheduled Castes in the State 2[or Union territory] or of the Scheduled
Tribes in the State 2[or Union territory] or part of the State 2[or Union territory],
as the case may be, in respect of which seats are so reserved, bears to the total
population of the State 2[or Union territory].
3[(3) Notwithstanding anything contained in clause (2), the number of
seats reserved in the House of the People for the Scheduled Tribes in the
autonomous districts of Assam shall bear to the total number of seats allotted to | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-382 | autonomous districts of Assam shall bear to the total number of seats allotted to
that State a proportion not less than the population of the Scheduled Tribes in
the said autonomous districts bears to the total population of the State.]
4 [Explanation.—In this article and in article 332, the expression
“population” means the population as ascertained at the last preceding census
of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 5[2026] have been
published, be construed as a reference to the 6[2001] census.]
1 . Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b)
(w.e.f. 16-6-1986).
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3 (w.e.f. 17-10-1973).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-383 | 4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).
5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for "2000" (w.e.f. 21-2-2002).
6. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for "1991" (w.e.f. 22-6-2003).
220
331. Representation of the Anglo-Indian Community in the House of
the People.—Notwithstanding anything in article 81, the President may, if he is
of opinion that the Anglo-Indian community is not adequately represented in
the House of the People, nominate not more than two members of that
community to the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.—(1) Seats shall be reserved for
the Scheduled Castes and the Scheduled Tribes, 1[except the Scheduled Tribes
in the autonomous districts of Assam], in the Legislative Assembly of every
State 2***.
(2) Seats shall be reserved also for the autonomous districts in the
Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes or the
Scheduled Tribes in the Legislative Assembly of any State under clause (1) | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-384 | Scheduled Tribes in the Legislative Assembly of any State under clause (1)
shall bear, as nearly as may be, the same proportion to the total number of seats
in the Assembly as the population of the Scheduled Castes in the State or of the
Scheduled Tribes in the State or part of the State, as the case may be, in respect
of which seats are so reserved, bears to the total population of the State.
3[(3A) Notwithstanding anything contained in clause (3), until the taking
effect, under article 170, of the re-adjustment, on the basis of the first census
after the year 4[2026], of the number of seats in the Legislative Assemblies of
the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats
which shall be reserved for the Scheduled Tribes in the Legislative Assembly
of any such State shall be,—
(a) if all the seats in the Legislative Assembly of such State in
existence on the date of coming into force of the Constitution (Fifty-
seventh Amendment) Act, 1987 (hereafter in this clause referred to as
the existing Assembly) are held by members of the Scheduled Tribes, all
the seats except one;
(b) in any other case, such number of seats as bears to the total
number of seats, a proportion not less than the number (as on the said | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-385 | number of seats, a proportion not less than the number (as on the said
date) of members belonging to the Scheduled Tribes in the existing
Assembly bears to the total number of seats in the existing Assembly.]
1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987).
4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000" (w.e.f. 21-2-2002).
221
1 [(3B) Notwithstanding anything contained in clause (3), until the
re-adjustment, under article 170, takes effect on the basis of the first census
after the year 2[2026], of the number of seats in the Legislative Assembly of the
State of Tripura, the seats which shall be reserved for the Scheduled Tribes in
the Legislative Assembly shall be, such number of seats as bears to the total | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-386 | the Legislative Assembly shall be, such number of seats as bears to the total
number of seats, a proportion not less than the number, as on the date of
coming into force of the Constitution (Seventy-second Amendment) Act, 1992,
of members belonging to the Scheduled Tribes in the Legislative Assembly in
existence on the said date bears to the total number of seats in that Assembly.]
(4) The number of seats reserved for an autonomous district in the
Legislative Assembly of the State of Assam shall bear to the total number of
seats in that Assembly a proportion not less than the population of the district
bears to the total population of the State.
(5) The constituencies for the seats reserved for any autonomous district
of Assam shall not comprise any area outside that district 3***.
(6) No person who is not a member of a Scheduled Tribe of any
autonomous district of the State of Assam shall be eligible for election to the
Legislative Assembly of the State from any constituency of that district 3***:
4[Provided that for elections to the Legislative Assembly of the State of
Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in
the constituencies included in the Bodoland Territorial Areas District, so
notified, and existing prior to the constitution of Bodoland Territorial Areas
District, shall be maintained.] | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-387 | notified, and existing prior to the constitution of Bodoland Territorial Areas
District, shall be maintained.]
333. Representation of the Anglo-Indian community
in the
Legislative Assemblies of the States.—Notwithstanding anything in article
170, the Governor 5*** of a State may, if he is of opinion that the Anglo-Indian
community needs representation in the Legislative Assembly of the State and is
not adequately represented therein, 6[nominate one member of that community
to the Assembly].
1. Ins. by the Constitition (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992).
2 . Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000"
(w.e.f. 21-2-2002).
3. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),
s. 71 (w.e.f. 21-1-1972).
4. Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003).
5. The words "or Rajpramukh" 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-388 | s. 29 and Sch. (w.e.f. 1-11-1956).
6. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for "nominate such
number of members of the community to the Assembly as he considers appropriate"
(w.e.f. 23-1-1970).
222
334. 1[Reservation of seats and special representation to cease after
certain period].—Notwithstanding anything in the foregoing provisions of this
Part, the provisions of this Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the
Scheduled Tribes in the House of the People and in the Legislative
Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the
House of the People and in the Legislative Assemblies of the States by
nomination,
shall cease to have effect on the expiration of a period of 2[eighty years in
respect of clause (a) and seventy years in respect of clause (b)] from the
commencement of this Constitution:
Provided that nothing in this article shall affect any representation in the
House of the People or in the Legislative Assembly of a State until the
dissolution of the then existing House or Assembly, as the case may be. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-389 | dissolution of the then existing House or Assembly, as the case may be.
335. Claims of Scheduled Castes and Scheduled Tribes to services
and posts.—The claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with the affairs of the Union or of a State:
3 [Provided that nothing in this article shall prevent in making of any
provision in favour of the members of the Scheduled Castes and the Scheduled
Tribes for relaxation in qualifying marks in any examination or lowering the
standards of evaluation, for reservation in matters or promotion to any class or
classes of services or posts in connection with the affairs of the Union or of a State.]
336. Special provision for Anglo-Indian community in certain
services.—(1) During the first two years after the commencement of this
Constitution, appointments of members of the Anglo-Indian community to posts
in the railway, customs, postal and telegraph services of the Union shall be made
on the same basis as immediately before the fifteenth day of August, 1947.
1. Subs. by the Constitution (One hundred and fourth Amendment) Act, 2019, s. 2,
(w.e.f. 25-1-2020). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-390 | (w.e.f. 25-1-2020).
2. Subs. by s. 2, ibid., for “seventy years” (w.e.f. 25-1-2020). The words “seventy years”
subs. for “sixty years” by the Constitution (Ninety-fifth Amendment) Act, 2009, s.2
(w.e.f. 25-1-2010). The words “sixty years” subs. for “fifty years” by the Constitution
(Seventy-ninth Amendment) Act, 1999, s. 2 (w.e.f. 25-1-2000). The words “fifty years”
subs. for “forty years” by the Constitution (Sixty-second Amendment) Act, 1989, s. 2
(w.e.f. 20-12-1989). The words “forty years” subs. for “thirty years” by the Constitution
(Forty-fifth Amendment) Act, 1980, s. 2 (w.e.f. 25-1-1980).
3. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
223
During every succeeding period of two years, the number of posts
reserved for the members of the said community in the said services shall, as | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-391 | reserved for the members of the said community in the said services shall, as
nearly as possible, be less by ten per cent. than the numbers so reserved during
the immediately preceding period of two years:
Provided that at the end of ten years from the commencement of this
Constitution all such reservations shall cease.
(2) Nothing in clause (1) shall bar the appointment of members of the
Anglo-Indian community to posts other than, or in addition to, those reserved
for the community under that clause if such members are found qualified for
appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the
benefit of Anglo-Indian community.—During the first three financial years
after the commencement of this Constitution, the same grants, if any, shall be
made by the Union and by each State 1*** for the benefit of the Anglo-Indian
community in respect of education as were made in the financial year ending
on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by
ten per cent. than those for the immediately preceding period of three years:
Provided that at the end of ten years from the commencement of this
Constitution such grants, to the extent to which they are a special concession to
the Anglo-Indian community, shall cease: | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-392 | Constitution such grants, to the extent to which they are a special concession to
the Anglo-Indian community, shall cease:
Provided further that no educational institution shall be entitled to
receive any grant under this article unless at least forty per cent. of the annual
admissions therein are made available to members of communities other than
the Anglo-Indian community.
338. 2[National Commission for Scheduled Castes].—3[4[(1) There
shall be a Commission for the Scheduled Castes to be known as the National
Commission for the Scheduled Castes.
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 Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal
heading (w.e.f. 19-2-2004).
3. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls. (1) and (2)
(w.e.f. 12-3-1992).
4. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls. (1) and
(2) (w.e.f. 19-2-2004).
224
(2) Subject to the provisions of any law made in this behalf by | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-393 | 224
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
and three other Members and the conditions of service and tenure of office of
the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.]
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes 1*** under this Constitution or under
any other law for the time being in force or under any order of the
Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes 1***;
(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Castes 1*** and to
evaluate the progress of their development under the Union and any
State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-394 | Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation of
those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Castes 1***; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes 1***
as the President may, subject to the provisions of any law made by
Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any of such recommendations.
1 . The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth
Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
225
(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-395 | Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in
sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in particular in
respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and
documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult
Commission on all major policy matters affecting Scheduled Castes 1***].
the
2[(10)] In this article, references to the Scheduled Castes 1*** shall be
construed as including references 3*** to the Anglo-Indian community.
1. The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth Amendment) Act,
2003, s. 2 (w.e.f. 19-2-2004). | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-396 | 2003, s. 2 (w.e.f. 19-2-2004).
2. Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2 (w.e.f.
12-3-1992).
3. The words, brackets and figures "to such other backward classes as the President may, on receipt of
the report of a Commission appointed under cl. (1) of article 340, by order specify and also"
omitted by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 2 (w.e.f. 15-8-
2018).
226
1[338A. National Commission for Scheduled Tribes.—(1) There shall
be a Commission for the Scheduled Tribes to be known as the National
Commission for the Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
and three other Members and the conditions of service and tenure of office of
the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-397 | Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Tribes under this Constitution or
under any other law for the time being in force or under any order of the
Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-
economic development of the Scheduled Tribes and to evaluate the
progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as
the Commission may deem fit, reports upon the working of those
safeguards;
(e) to make in such reports recommendations as to the
measures that should be taken by the Union or any State for the
effective implementation of those safeguards and other measures
for the protection, welfare and socio-economic development of the
Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Tribes as
the President may, subject to the provisions of any law made by
Parliament, by rule specify. | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-398 | the President may, subject to the provisions of any law made by
Parliament, by rule specify.
1. Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3 (w.e.f. 19-2-2004).
227
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in
sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in particular in
respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document; | https://legislative.gov.in/sites/default/files/COI...pdf |
e7474170ecfd-399 | any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
the
(9) The Union and every State Government shall consult
Commission on all major policy matters affecting Scheduled Tribes.]
1[338B. National Commission for Backward Classes.—(1) There shall
be a Commission for the socially and educationally backward classes to be
known as the National Commission for Backward Classes.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
and three other Members and the conditions of service and tenure of office of
the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and
seal.
1 . Ins. by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 3
(w.e.f. 15-8-2018).
228
(4) The Commission shall have the power to regulate its own procedure. | https://legislative.gov.in/sites/default/files/COI...pdf |