TheVixhal/Indian_Constitution huggingface dataset:
Article 239A. creation of local legislatures or council of ministers or both for certain union territories: (1) parliament may by law create for the union territory of puducherry —

 

(a) a body, whether elected or partly nominated and partly elected, to function as a legislature for the union territory, or

 

(b) a council of ministers,

 

or both with such constitution, powers and functions, in each case, as may be specified in the law.

 

(2) any such law as is referred to in clause (1) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this constitution
Article 239AB. provision in case of failure of constitutional machinery: if the president, on receipt of a report from the lieutenant governor or otherwise, is satisfied —

 

(a) that a situation has arisen in which the administration of the national capital territory cannot be carried on in accordance with the provisions of article 239aa or of any law made in pursuance of that article; or

 

(b) that for the proper administration of the national capital territory it is necessary or expedient so to do,

 

the president may by order suspend the operation of any provision of article 239aa or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the national capital territory in accordance with the provisions of article 239 and article 239aa.
Article 239B. power of administrator to promulgate ordinances during recess of legislature: (1) if at any time, except when the legislature of the union territory of puducherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:

 

   provided that no such ordinance shall be promulgated by the administrator except after obtaining instructions from the president in that behalf:

 

   provided further that whenever the said legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239a, the administrator shall not promulgate any ordinance during the period of such dissolution or suspension.

 

(2) an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239a, but every such ordinance —

 

(a) shall be laid before the legislature of the union territory and shall cease to operate at the expiration of six weeks from the reassembly of the legislature or if, before the expiration of that period, a resolution disapproving it is passed by the legislature, upon the passing of the resolution; and

 

(b) may be withdrawn at any time by the administrator after obtaining instructions from the president in that behalf.

 

(3) if and so far as an ordinance under this article makes any provision which would not be valid if enacted in an act of the legislature of the union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239a, it shall be void.
Article 240. power of president to make regulations for certain union territories: (1) the president may make regulations for the peace, progress and good government of the union territory of —

 

(a) the andaman and nicobar islands;

 

(b) lakshadweep;

 

(c) dadra and nagar haveli;

 

(d) daman and diu;

 

(e) puducherry;

 

   provided that when any body is created under article 239a to function as a legislature for the union territory of puducherry, the president shall not make any regulation for the peace, progress and good government of that union territory with effect from the date appointed for the first meeting of the legislature

 

   provided further that whenever the body functioning as a legislature for the union territory of puducherry is dissolved, or the functioning of that body as such legislature remains suspended on account of any  action taken under any such law as is referred to in clause (1) of article 239a, the president may, during the period of such dissolution or suspension, make regulations for the peace, progress and good          government of that union territory.

 

(2) any regulation so made may repeal or amend any act made by parliament or any other law]which is for the time being applicable to the union territory and, when promulgated by the president, shall have the same force and effect as an act of parliament which applies to that territory.
Article 241. high courts for union territories: (1) parliament may by law constitute a high court for a union territory or declare any court in any such territory to be a high court for all or any of the purposes of this constitution.

 

(2) the provisions of chapter v of part vi shall apply in relation to every high court referred to in clause (1) as they apply in relation to a high court referred to in article 214 subject to such modifications or exceptions as parliament may by law provide.

 

(3) subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by or under this constitution, every high court exercising jurisdiction immediately before the commencement of the constitution (seventh amendment) act, 1956, in relation to any union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.

 

(4) nothing in this article derogates from the power of parliament to extend or exclude the jurisdiction of a high court for a state to, or from, any union territory or part thereof.
Article 243. definitions: in this part, unless the context otherwise requires, —

 

(a) “district” means a district in a state;

 

(b) “gram sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level;

 

(c) “intermediate level” means a level between the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part;

 

(d) “panchayat” means an institution (by whatever name called) of self-government constituted under article 243b, for the rural areas;

 

(e) “panchayat area” means the territorial area of a panchayat; (f) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published;

 

(g) “village” means a village specified by the governor by public notification to be a village for the purposes of this part and includes a group of villages so specified.
Article 243A. gram sabha: a gram sabha may exercise such powers and perform such functions at the village level as the legislature of a state may, by law, provide.
Article 243B. constitution of panchayats: (1) there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions of this part.

 

(2) notwithstanding anything in clause (1), panchayats at the intermediate level may not be constituted in a state having a population not exceeding twenty lakhs.
Article 243C. composition of panchayats: (1) subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the composition of panchayats:

 

   provided that the ratio between the population of the territorial area of a panchayat at any level and the number of seats in such panchayat to be filled by election shall, so far as practicable, be the same throughout the state.

 

(2) all the seats in a panchayat shall be filled by persons chosen by direct election from territorial constituencies in the panchayat area and, for this purpose, each panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat area.

 

(3) the legislature of a state may, by law, provide for the representation —

 

(a) of the chairpersons of the panchayats at the village level, in the panchayats at the intermediate level or, in the case of a state not having panchayats at the intermediate level, in the panchayats at the district level;

 

(b) of the chairpersons of the panchayats at the intermediate level, in the panchayats at the district level;

 

(c) of the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat area at a level other than the village level, in such panchayat;

 

(d) of the members of the council of states and the members of the legislative council of the state, where they are registered as electors within —

(i) a panchayat area at the intermediate level, in panchayat at the intermediate level;

 

(ii) a panchayat area at the district level, in panchayat at the district level.

 

(4) the chairperson of a panchayat and other members of a panchayat whether or not chosen by direct election from territorial constituencies in the panchayat area shall have the right to vote in the meetings of the panchayats.

 

(5) the chairperson of —

 

(a) a panchayat at the village level shall be elected in such manner as the legislature of a state may, by law, provide; and

 

(b) a panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.
Article 243D. reservation of seats: (1) seats shall be reserved for —

 

(a) the scheduled castes; and

 

(b) the scheduled tribes,

 

in every panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of the scheduled castes in that panchayat area or of the scheduled tribes in that panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a panchayat.

 

(2) not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes.

 

(3) not less than one-third (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election in every panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a panchayat.

 

(4) the offices of the chairpersons in the panchayats at the village or any other level shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide:

 

   provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the scheduled castes in the state or of the scheduled tribes in the state bears to the total population of the state:

 

   provided further that not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women:

 

   provided also that the number of offices reserved under this clause shall be allotted by rotation to different panchayats at each level.

 

(5) the reservation of seats under clauses (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.

 

(6) nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level in favour of backward class of citizens.
Article 243E. duration of panchayats, etc: (1) every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

 

(2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

 

(3) an election to constitute a panchayat shall be completed —

 

(a) before the expiry of its duration specified in clause (1);

 

(b) before the expiration of a period of six months from the date of its dissolution:

 

   provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the panchayat for such period.

 

(4) a panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued under clause (1) had it not been so dissolved.
Article 243F. disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of a panchayat —

 

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned: provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

 

(b) if he is so disqualified by or under any law made by the legislature of the state.

 

(2) if any question arises as to whether a member of a panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the legislature of a state may, by law, provide.
Article 243G. powers, authority and responsibilities of panchayats: subject to the provisions of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to —

 

(a) the preparation of plans for economic development and social justice;

 

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule.
Article 243H. powers to impose taxes by, and funds of, the panchayats: the legislature of a state may, by law, —

 

(a) authorise a panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

 

(b) assign to a panchayat such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits;

 

(c) provide for making such grants-in-aid to the panchayats from the consolidated fund of the state; and

 

(d) provide for constitution of such funds for crediting all moneys received, respectively, by or on behalf of the panchayats and also for the withdrawal of such moneys therefrom,

 

as may be specified in the law.
Article 243I. constitution of finance commission to review financial position: (1) the governor of a state shall, as soon as may be within one year from the commencement of the constitution (seventy-third amendment) act, 1992, and thereafter at the expiration of every fifth year, constitute a finance commission to review the financial position of the panchayats and to make recommendations to the governor as to —

 

(a) the principles which should govern —

 

(i) the distribution between the state and the panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the state, which may be divided between them under this part and the allocation between the panchayats at all levels of their respective shares of such proceeds;

 

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the panchayats; (iii) the grants-in-aid to the panchayats from the consolidated fund of the state;

 

(b) the measures needed to improve the financial position of the panchayats;

 

(c) any other matter referred to the finance commission by the governor in the interests of sound finance of the panchayats.

 

(2) the legislature of a state may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.

 

(3) the commission shall determine their procedure and shall have such powers in the performance of their functions as the legislature of the state may, by law, confer on them.

 

(4) the governor shall cause every recommendation made by the commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.
Article 243J. audit of accounts of panchayats: the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the panchayats and the auditing of such accounts.
Article 243K. elections to the panchayats: (1) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a state election commissioner to be appointed by the governor.

 

(2) subject to the provisions of any law made by the legislature of a state, the conditions of service and tenure of office of the state election commissioner shall be such as the governor may by rule determine:

 

   provided that the state election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a high court and the conditions of service of the state election commissioner shall not be varied to his disadvantage after his appointment.

 

(3) the governor of a state shall, when so requested by the state election commission, make available to the state election commission such staff as may be necessary for the discharge of the functions conferred on the state election commission by clause (1).

 

(4) subject to the provisions of this constitution, the legislature of a state may, by law, make provision with respect to all matters relating to, or in connection with, elections to the panchayats.
Article 243L. application to union territories: the provisions of this part shall apply to the union territories and shall, in their application to a union territory, have effect as if the references to the governor of a state were references to the administrator of the union territory appointed under article 239 and references to the legislature or the legislative assembly of a state were references, in relation to a union territory having a legislative assembly, to that legislative assembly:

 

   provided that the president may, by public notification, direct that the provisions of this part shall apply to any union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
Article 243M. part not to apply to certain areas: (1) nothing in this part shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.

 

(2) nothing in this part shall apply to —

 

(a) the states of nagaland, meghalaya and mizoram; 

 

(b) the hill areas in the state of manipur for which district councils exist under any law for the time being in force.

 

(3) nothing in this part —

 

(a) relating to panchayats at the district level shall apply to the hill areas of the district of darjeeling in the state of west bengal for which darjeeling gorkha hill council exists under any law for the time being in force;

 

(b) shall be construed to affect the functions and powers of the darjeeling gorkha hill council constituted under such law.

 

(3a) nothing in article 243d, relating to reservation of seats for the scheduled castes, shall apply to the state of arunachal pradesh. 

 

(4) notwithstanding anything in this constitution, —

 

(a) the legislature of a state referred to in subclause (a) of clause (2) may, by law, extend this part to that state, except the areas, if any, referred to in clause (1), if the legislative assembly of that state passes a resolution to that effect by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting;

 

(b) parliament may, by law, extend the provisions of this part to the scheduled areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this constitution for the purposes of article 368.
Article 243N. continuance of existing laws and panchayats: notwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:

 

   provided that all the panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the legislative assembly of that state or, in the case of a state having a legislative council, by each house of the legislature of that state.
Article 243O. bar to interference by courts in electoral matters: notwithstanding anything in this constitution, —

 

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243k, shall not be called in question in any court;

 

(b) no election to any panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a state.
Article 243P. definitions: in this part, unless the context otherwise requires, —

 

(a) “committee” means a committee constituted under article 243s;

 

(b) “district” means a district in a state;

 

(c) “metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the governor by public notification to be a metropolitan area for the purposes of this part;

 

(d) “municipal area” means the territorial area of a municipality as is notified by the governor;

 

(e) “municipality” means an institution of selfgovernment constituted under article 243q;

 

(f) “panchayat” means a panchayat constituted under article 243b;

 

(g) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.