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oath or affirmation by members: every member of the legislative assembly or the legislative council of a state shall, before taking his seat, make and subscribe before the governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule.

188

voting in houses, power of houses to act notwithstanding vacancies and quorum: (1) save as otherwise provided in this constitution, all questions at any sitting of a house of the legislature of a state shall be determined by a majority of votes of the members present and voting, other than the speaker or chairman, or person acting as such. the speaker or chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.   (2) a house of the legislature of a state shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislature of a state shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.   (3) until the legislature of the state by law otherwise provides, the quorum to constitute a meeting of a house of the legislature of a state shall be ten members or onetenth of the total number of members of the house, whichever is greater.   (4) if at any time during a meeting of the legislative assembly or the legislative council of a state there is no quorum, it shall be the duty of the speaker or chairman, or person acting as such, either to adjourn the house or to suspend the meeting until there is a quorum.

189

vacation of seats: (1) no person shall be a member of both houses of the legislature of a state and provision shall be made by the legislature of the state by law for the vacation by a person who is chosen a member of both houses of his seat in one house or the other.   (2) no person shall be a member of the legislatures of two or more states specified in the first schedule and if a person is chosen a member of the legislatures of two or more such states, then, at the expiration of such period as may be specified in rules1 made by the president, that person's seat in the legislatures of all such states shall become vacant, unless he has previously resigned his seat in the legislatures of all but one of the states.   (3) if a member of a house of the legislature of a state —    (a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or   (b) resigns his seat by writing under his hand addressed to the speaker or the chairman, as the case may be, and his resignation is accepted by the speaker or the chairman, as the case may be,    his seat shall thereupon become vacant:      provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the speaker or the chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.    (4) if for a period of sixty days a member of a house of the legislature of a state is without permission of the house absent from all meetings thereof, the house may declare his seat vacant:      provided that in computing the said period of sixty days no account shall be taken of any period during which the house is prorogued or is adjourned for more than four consecutive days.

190

disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council of a state —   (a) if he holds any office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder;   (b) if he is of unsound mind and stands so declared by a competent court;    (c) if he is an undischarged insolvent;   (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state;   (e) if he is so disqualified by or under any law made by parliament.      explanation. — for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india or the government of any state specified in the first schedule by reason only that he is a minister either for the union or for such state.   (2) a person shall be disqualified for being a member of the legislative assembly or legislative council of a state if he is so disqualified under the tenth schedule.

191

decision on questions as to disqualifications of members: (1) if any question arises as to whether a member of a house of the legislature of a state has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the governor and his decision shall be final.   (2) before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion.

192

penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified: if a person sits or votes as a member of the legislative assembly or the legislative council of a state before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament or the legislature of the state, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the state.

193

powers, privileges, etc, of the houses of legislatures and of the members and committees thereof: (1) subject to the provisions of this constitution and to the rules and standing orders regulating the procedure of the legislature, there shall be freedom of speech in the legislature of every state.   (2) no member of the legislature of a state shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a house of such a legislature of any report, paper, votes or proceedings.   (3) in other respects, the powers, privileges and immunities of a house of the legislature of a state, and of the members and the committees of a house of such legislature, shall be such as may from time to time be defined by the legislature by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978.   (4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a house of the legislature of a state or any committee thereof as they apply in relation to members of that legislature.

194

salaries and allowances of members: members of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be determined, by the legislature of the state by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this constitution applicable in the case of members of the legislative assembly of the corresponding province.

195

provisions as to introduction and passing of bills: (1) subject to the provisions of articles 198 and 207 with respect to money bills and other financial bills, a bill may originate in either house of the legislature of a state which has a legislative council.   (2) subject to the provisions of articles 197 and 198, a bill shall not be deemed to have been passed by the houses of the legislature of a state having a legislative council unless it has been agreed to by both houses, either without amendment or with such amendments only as are agreed to by both houses.   (3) a bill pending in the legislature of a state shall not lapse by reason of the prorogation of the house or houses thereof.   (4) a bill pending in the legislative council of a state which has not been passed by the legislative assembly shall not lapse on a dissolution of the assembly.   (5) a bill which is pending in the legislative assembly of a state, or which having been passed by the legislative assembly is pending in the legislative council, shall lapse on a dissolution of the assembly.

196

restriction on powers of legislative council as to bills other than money bills: (1) if after a bill has been passed by the legislative assembly of a state having a legislative council and transmitted to the legislative council —   (a) the bill is rejected by the council; or   (b) more than three months elapse from the date on which the bill is laid before the council without the bill being passed by it; or   (c) the bill is passed by the council with amendments to which the legislative assembly does not agree;   the legislative assembly may, subject to the rules regulating its procedure, pass the bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the legislative council and then transmit the bill as so passed to the legislative council.   (2) if after a bill has been so passed for the second time by the legislative assembly and transmitted to the legislative council —   (a) the bill is rejected by the council; or   (b) more than one month elapses from the date on which the bill is laid before the council without the bill being passed by it; or   (c) the bill is passed by the council with amendments to which the legislative assembly does not agree;   the bill shall be deemed to have been passed by the houses of the legislature of the state in the form in which it was passed by the legislative assembly for the second time with such amendments, if any, as have been made or suggested by the legislative council and agreed to by the legislative assembly.   (3) nothing in this article shall apply to a money bill.

197

special procedure in respect of money bills: (1) a money bill shall not be introduced in a legislative council.   (2) after a money bill has been passed by the legislative assembly of a state having a legislative council, it shall be transmitted to the legislative council for its recommendations, and the legislative council shall within a period of fourteen days from the date of its receipt of the bill return the bill to the legislative assembly with its recommendations, and the legislative assembly may thereupon either accept or reject all or any of the recommendations of the legislative council.   (3) if the legislative assembly accepts any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the legislative council and accepted by the legislative assembly.   (4) if the legislative assembly does not accept any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the legislative assembly without any of the amendments recommended by the legislative council.   (5) if a money bill passed by the legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly.

198

definition of “money bills”: (1) for the purposes of this chapter, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the following matters, namely: —   (a) the imposition, abolition, remission, alteration or regulation of any tax;   (b) the regulation of the borrowing of money or the giving of any guarantee by the state, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the state;   (c) the custody of the consolidated fund or the contingency fund of the state, the payment of moneys into or the withdrawal of moneys from any such fund;   (d) the appropriation of moneys out of the consolidated fund of the state;   (e) the declaring of any expenditure to be expenditure charged on the consolidated fund of the state, or the increasing of the amount of any such expenditure;    (f) the receipt of money on account of the consolidated fund of the state or the public account of the state or the custody or issue of such money; or   (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).   (2) a bill shall not be deemed to be a money bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.   (3) if any question arises whether a bill introduced in the legislature of a state which has a legislative council is a money bill or not, the decision of the speaker of the legislative assembly of such state thereon shall be final.   (4) there shall be endorsed on every money bill when it is transmitted to the legislative council under article 198, and when it is presented to the governor for assent under article 200, the certificate of the speaker of the legislative assembly signed by him that it is a money bill.

199

assent to bills: when a bill has been passed by the legislative assembly of a state or, in the case of a state having a legislative council, has been passed by both houses of the legislature of the state, it shall be presented to the governor and the governor shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president:      provided that the governor may, as soon as possible after the presentation to him of the bill for assent, return the bill if it is not a money bill together with a message requesting that the house or houses will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the house or houses shall reconsider the bill accordingly, and if the bill is passed again by the house or houses with or without amendment and presented to the governor for assent, the governor shall not withhold assent therefrom:      provided further that the governor shall not assent to, but shall reserve for the consideration of the president, any bill which in the opinion of the governor would, if it became law, so derogate from the powers of the high court as to endanger the position which that court is by this constitution designed to fill.

200

bills reserved for consideration: when a bill is reserved by a governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom:      provided that, where the bill is not a money bill, the president may direct the governor to return the bill to the house or, as the case may be, the houses of the legislature of the state together with such a message as is mentioned in the first proviso to article 200 and, when a bill is so returned, the house or houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the house or houses with or without amendment, it shall be presented again to the president for his consideration.

201

annual financial statement: (1) the governor shall in respect of every financial year cause to be laid before the house or houses of the legislature of the state a statement of the estimated receipts and expenditure of the state for that year, in this part referred to as the "annual financial statement".   (2) the estimates of expenditure embodied in the annual financial statement shall show separately —   (a) the sums required to meet expenditure described by this constitution as expenditure charged upon the consolidated fund of the state; and    (b) the sums required to meet other expenditure proposed to be made from the consolidated fund of the state; and shall distinguish expenditure on revenue account from other expenditure.   (3) the following expenditure shall be expenditure charged on the consolidated fund of each state —   (a) the emoluments and allowances of the governor and other expenditure relating to his office;   (b) the salaries and allowances of the speaker and the deputy speaker of the legislative assembly and, in the case of a state having a legislative council, also of the chairman and the deputy chairman of the legislative council;   (c) debt charges for which the state is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;   (d) expenditure in respect of the salaries and allowances of judges of any high court;   (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;   (f) any other expenditure declared by this constitution, or by the legislature of the state by law, to be so charged.

202

procedure in legislature with respect to estimates: (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of a state shall not be submitted to the vote of the legislative assembly, but nothing in this clause shall be construed as preventing the discussion in the legislature of any of those estimates.   (2) so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.   (3) no demand for a grant shall be made except on the recommendation of the governor.

203

appropriation bills: (1) as soon as may be after the grants under article 203 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the state of all moneys required to meet —   (a) the grants so made by the assembly; and   (b) the expenditure charged on the consolidated fund of the state but not exceeding in any case the amount shown in the statement previously laid before the house or houses.   (2) no amendment shall be proposed to any such bill in the house or either house of the legislature of the state which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of the state, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.   (3) subject to the provisions of articles 205 and 206, no money shall be withdrawn from the consolidated fund of the state except under appropriation made by law passed in accordance with the provisions of this article.

204

supplementary, additional or excess grants: (1) the governor shall —   (a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or   (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,   cause to be laid before the house or the houses of the legislature of the state another statement showing the estimated amount of that expenditure or cause to be presented to the legislative assembly of the state a demand for such excess, as the case may be.   (2) the provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of the state to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the state to meet such expenditure or grant.

205

votes on account, votes of credit and exceptional grants: (1) notwithstanding anything in the foregoing provisions of this chapter, the legislative assembly of a state shall have power —   (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;   (b) to make a grant for meeting an unexpected demand upon the resources of the state when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;   (c) to make an exceptional grant which forms no part of the current service of any financial year; and the legislature of the state shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the state for the purposes for which the said grants are made.   (2) the provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the state to meet such expenditure.

206

special provisions as to financial bills: (1) a bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the governor, and a bill making such provision shall not be introduced in a legislative council:      provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.   (2) a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.   (3) a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of a state shall not be passed by a house of the legislature of the state unless the governor has recommended to that house the consideration of the bill.

207

rules of procedure: (1) a house of the legislature of a state may make rules for regulating, subject to the provisions of this constitution, its procedure and the conduct of its business.   (2) until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this constitution with respect to the legislature for the corresponding province shall have effect in relation to the legislature of the state subject to such modifications and adaptations as may be made therein by the speaker of the legislative assembly, or the chairman of the legislative council, as the case may be.   (3) in a state having a legislative council the governor, after consultation with the speaker of the legislative assembly and the chairman of the legislative council, may make rules as to the procedure with respect to communications between the two houses.

208

regulation by law of procedure in the legislature of the state in relation to financial business: the legislature of a state may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the house or houses of the legislature of the state in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of the state, and, if and so far as any provision of any law so made is inconsistent with any rule made by the house or either house of the legislature of the state under clause (1) of article 208 or with any rule or standing order having effect in relation to the legislature of the state under clause (2) of that article, such provision shall prevail.

209

language to be used in the legislature: (1) notwithstanding anything in part xvii, but subject to the provisions of article 348, business in the legislature of a state shall be transacted in the official language or languages of the state or in hindi or in english: provided that the speaker of the legislative assembly or chairman of the legislative council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the house in his mothertongue.   (2) unless the legislature of the state by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words “or in english” were omitted therefrom:      provided that in relation to the legislatures of the states of himachal pradesh, manipur, meghalaya and tripura this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:      provided further that in relation to the legislatures of the states of arunachal pradesh, goa and mizoram, this clause shall have effect as if for the words “fifteen years” occurring therein, the words “forty years” were substituted.

210

restriction on discussion in the legislature: no discussion shall take place in the legislature of a state with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties.

211

courts not to inquire into proceedings of the legislature: (1) the validity of any proceedings in the legislature of a state shall not be called in question on the ground of any alleged irregularity of procedure.   (2) no officer or member of the legislature of a state in whom powers are vested by or under this constitution for regulating procedure or the conduct of business, or for maintaining order, in the legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

212

power of governor to promulgate ordinances during recess of legislature: (1) if at any time, except when the legislative assembly of a state is in session, or where there is a legislative council in a state, except when both houses of the legislature are in session, the governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:      provided that the governor shall not, without instructions from the president, promulgate any such ordinance if —   (a) a bill containing the same provisions would under this constitution have required the previous sanction of the president for the introduction thereof into the legislature; or   (b) he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or   (c) an act of the legislature of the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president.   (2) an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance —   (a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the houses, and shall cease to operate at the expiration of six weeks from the reassembly of the legislature, or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly and agreed to by the legislative council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the council; and   (b) may be withdrawn at any time by the governor.      explanation — where the houses of the legislature of a state having a legislative council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.   (3) if and so far as an ordinance under this article makes any provision which would not be valid if enacted in an act of the legislature of the state assented to by the governor, it shall be void:      provided that, for the purposes of the provisions of this constitution relating to the effect of an act of the legislature of a state which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in the concurrent list, an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the state which has been reserved for the consideration of the president and assented to by him.

213

high courts for states: there shall be a high court for each state.

214

high courts to be courts of record: every high court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

215

constitution of high courts: every high court shall consist of a chief justice and such other judges as the president may from time to time deem it necessary to appoint.

216

appointment and conditions of the office of a judge of a high court: (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty two years:      provided that —   (a) a judge may, by writing under his hand addressed to the president, resign his office;   (b) a judge may be removed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court;   (c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india.   (2) a person shall not be qualified for appointment as a judge of a high court unless he is a citizen of india and —   (a) has for at least ten years held a judicial office in the territory of india; or   (b) has for at least ten years been an advocate of a high court 3 or of two or more such courts in succession;       explanation. — for the purposes of this clause — (a) in computing the period during which a person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a high court or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law;      (aa) in computing the period during which a person has been an advocate of a high court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law after he became an advocate;   (b) in computing the period during which a person has held judicial office in the territory of india or been an advocate of a high court, there shall be included any period before the commencement of this constitution during which he has held judicial office in any area which was comprised before the fifteenth day of august, 1947, within india as defined by the government of india act, 1935, or has been an advocate of any high court in any such area, as the case may be.    (3) if any question arises as to the age of a judge of a high court, the question shall be decided by the president after consultation with the chief justice of india and the decision of the president shall be final.

217

application of certain provisions relating to supreme court to high courts: the provisions of clauses (4) and (5) of article 124 shall apply in relation to a high court as they apply in relation to the supreme court with the substitution of references to the high court for references to the supreme court.

218

oath or affirmation by judges of high courts: every person appointed to be a judge of a high court shall, before he enters upon his office, make and subscribe before the governor of the state, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule.

219

restriction on practice after being a permanent judge: no person who, after the commencement of this constitution, has held office as a permanent judge of a high court shall plead or act in any court or before any authority in india except the supreme court and the other high courts. explanation — in this article, the expression “high court” does not include a high court for a state specified in part b of the first schedule as it existed before the commencement of the constitution (seventh amendment) act, 1956.

220

salaries, etc, of judges: (1) there shall be paid to the judges of each high court such salaries as may be determined by parliament by law and, until provision in that behalf is so made, such salaries as are specified in the second schedule.   (2) every judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such allowances and rights as are specified in the second schedule:      provided that neither the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

221

transfer of a judge from one high court to another: (1) the president may, after consultation with the chief justice of india, transfer a judge from one high court to any other high court.   (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.

222

appointment of acting chief justice: when the office of chief justice of a high court is vacant or when any such chief justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the president may appoint for the purpose.

223

appointment of additional and acting judges: (1) if by reason of any temporary increase in the business of a high court or by reason of arrears of work therein, it appears to the president that the number of the judges of that court should be for the time being increased, the president may appoint duly qualified persons to be additional judges of the court for such period not exceeding two years as he may specify.   (2) when any judge of a high court other than the chief justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as chief justice, the president may appoint a duly qualified person to act as a judge of that court until the permanent judge has resumed his duties.   (3) no person appointed as an additional or acting judge of a high court shall hold office after attaining the age of sixty-two years.

224

appointment of retired judges at sittings of high courts: notwithstanding anything in this chapter, the chief justice of a high court for any state may at any time, with the previous consent of the president, request any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that high court:   provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that high court unless he consents so to do.

224A

jurisdiction of existing high courts: subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of this constitution:      provided that any restriction to which the exercise of original jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this constitution shall no longer apply to the exercise of such jurisdiction.

225

power of high courts to issue certain writs: (1) notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by part iii and for any other purpose.   (2) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also be exercised by any high court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such government or authority or the residence of such person is not within those territories.   (3) where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without —   (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and   (b) giving such party an opportunity of being heard,   makes an application to the high court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next day afterwards on which the high court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.   (4) the power conferred on a high court by this article shall not be in derogation of the power conferred on the supreme court by clause (2) of article 32.

226

power of superintendence over all courts by the high court: (1) every high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.   (2) without prejudice to the generality of the foregoing provision, the high court may —   (a) call for returns from such courts;   (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and    (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.   (3) the high court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:      provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the governor.   (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.

227

transfer of certain cases to high court: if the high court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may —    (a) either dispose of the case itself, or   (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

228

officers and servants and the expenses of high courts: (1) appointments of officers and servants of a high court shall be made by the chief justice of the court or such other judge or officer of the court as he may direct:      provided that the governor of the state may by rule require that in such cases as may be specified in the rule no person not already attached to the court shall be appointed to any office connected with the court save after consultation with the state public service commission.   (2) subject to the provisions of any law made by the legislature of the state, the conditions of service of officers and servants of a high court shall be such as may be prescribed by rules made by the chief justice of the court or by some other judge or officer of the court authorised by the chief justice to make rules for the purpose:      provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the governor of the state.   (3) the administrative expenses of a high court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the consolidated fund of the state, and any fees or other moneys taken by the court shall form part of that fund.

229

extension of jurisdiction of high courts to union territories: (1) parliament may by law extend the jurisdiction of a high court to, or exclude the jurisdiction of a high court from, any union territory.   (2) where the high court of a state exercises jurisdiction in relation to a union territory, —   (a) nothing in this constitution shall be construed as empowering the legislature of the state to increase, restrict or abolish that jurisdiction; and   (b) the reference in article 227 to the governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the president.

230

establishment of a common high court for two or more states: (1) notwithstanding anything contained in the preceding provisions of this chapter, parliament may by law establish a common high court for two or more states or for two or more states and a union territory.   (2) in relation to any such high court, —   (a) the reference in article 217 to the governor of the state shall be construed as a reference to the governors of all the states in relation to which the high court exercises jurisdiction;    (b) the reference in article 227 to the governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the governor of the state in which the subordinate courts are situate; and   (c) the references in articles 219 and 229 to the state shall be construed as a reference to the state in which the high court has its principal seat:      provided that if such principal seat is in a union territory, the references in articles 219 and 229 to the governor, public service commission, legislature and consolidated fund of the state shall be construed respectively as references to the president, union public service commission, parliament and consolidated fund of india.

231

appointment of district judges: (1) appointments of persons to be, and the posting and promotion of, district judges in any state shall be made by the governor of the state in consultation with the high court exercising jurisdiction in relation to such state.   (2) a person not already in the service of the union or of the state shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the high court for appointment.

233

validation of appointments of, and judgments, etc, delivered by, certain district judges: notwithstanding any judgment, decree or order of any court, —   (a) (i) no appointment of any person already in the judicial service of a state or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that state, and   (ii) no posting, promotion or transfer of any such person as a district judge,   made at any time before the commencement of the constitution (twentieth amendment) act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;   (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the constitution (twentieth amendment) act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any state otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.

233A

recruitment of persons other than district judges to the judicial service: appointments of persons other than district judges to the judicial service of a state shall be made by the governor of the state in accordance with rules made by him in that behalf after consultation with the state public service commission and with the high court exercising jurisdiction in relation to such state.

234

control over subordinate courts: the control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the high court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

235

interpretation: in this chapter —   (a) the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;   (b) the expression “judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

236

application of the provisions of this chapter to certain class or classes of magistrates: the governor may by public notification direct that the foregoing provisions of this chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the state as they apply in relation to persons appointed to the judicial service of the state subject to such exceptions and modifications as may be specified in the notification.

237

application of provisions of part vi to states in part b of the first schedule: omitted by the constitution (seventh amendment) act, 1956, s. 29and sch. (w.e.f. 1-11-1956).

238

administration of union territories: (1) save as otherwise provided by parliament by law, every union territory shall be administered by the president acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.   (2) notwithstanding anything contained in part vi, the president may appoint the governor of a state as the administrator of an adjoining union territory, and where a governor is so appointed, he shall exercise his functions as such administrator independently of his council of ministers.

239

special provisions with respect to delhi: (1) as from the date of commencement of the constitution (sixty-ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant governor.   (2) (a) there shall be a legislative assembly for the national capital territory and the seats in such assembly shall be filled by members chosen by direct election from territorial constituencies in the national capital territory.   (b) the total number of seats in the legislative assembly, the number of seats reserved for scheduled castes, the division of the national capital territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the legislative assembly shall be regulated by law made by parliament.   (c) the provisions of articles 324 to 327 and 329 shall apply in relation to the national capital territory, the legislative assembly of the national capital territory and the members thereof as they apply, in relation to a state, the legislative assembly of a state and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate legislature” shall be deemed to be a reference to parliament.   (3) (a) subject to the provisions of this constitution, the legislative assembly shall have power to make laws for the whole or any part of the national capital territory with respect to any of the matters enumerated in the state list or in the concurrent list in so far as any such matter is applicable to union territories except matters with respect to entries 1, 2 and 18 of the state list and entries 64, 65 and 66 of that list in so far as they relate to the said entries 1, 2 and 18.   (b) nothing in sub-clause (a) shall derogate from the powers of parliament under this constitution to make laws with respect to any matter for a union territory or any part thereof.   (c) if any provision of a law made by the legislative assembly with respect to any matter is repugnant to any provision of a law made by parliament with respect to that matter, whether passed before or after the law made by the legislative assembly, or of an earlier law, other than a law made by the legislative assembly, then, in either case, the law made by parliament, or, as the case may be, such earlier law, shall prevail and the law made by the legislative assembly shall, to the extent of the repugnancy, be void:      provided that if any such law made by the legislative assembly has been reserved for the consideration of the president and has received his assent, such law shall prevail in the national capital territory:      provided further that nothing in this sub-clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislative assembly.   (4) there shall be a council of ministers consisting of not more than ten per cent. of the total number of members in the legislative assembly, with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:   provided that in the case of difference of opinion between the lieutenant governor and his ministers on any matter, the lieutenant governor shall refer it to the president for decision and act according to the decision given thereon by the president and pending such decision it shall be competent for the lieutenant governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.   (5) the chief minister shall be appointed by the president and other ministers shall be appointed by the president on the advice of the chief minister and the ministers shall hold office during the pleasure of the president.   (6) the council of ministers shall be collectively responsible to the legislative assembly.   (7) (a) parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.   (b) any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this constitution.   (8) the provisions of article 239b shall, so far as may be, apply in relation to the national capital territory, the lieutenant governor and the legislative assembly, as they apply in relation to the union territory of puducherry, the administrator and its legislature, respectively; and any reference in that article to “clause (1) of article 239a” shall be deemed to be a reference to this article or article 239ab, as the case may be.

239 A A

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

239A

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.

239AB

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.

239B

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.

240

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.

241

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.

243

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.

243A

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.

243B

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.

243C

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.

243D

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.

243E

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.

243F

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.

243G

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.

243H

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.

243I

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.

243J

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.

243K

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.

243L

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.

243M

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.

243N

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.

243O

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.

243P

constitution of municipalities: (1) there shall be constituted in every state, —   (a) a nagar panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;   (b) a municipal council for a smaller urban area; and   (c) a municipal corporation for a larger urban area, in accordance with the provisions of this part:      provided that a municipality under this clause may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.   (2) in this article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this part

243Q

composition of municipalities: (1) save as provided in clause (2), all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards.   (2) the legislature of a state may, by law, provide —   (a) for the representation in a municipality of —   (i) persons having special knowledge or experience in municipal administration;   (ii) the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly the municipal area;   (iii) the members of the council of states and the members of the legislative council of the state registered as electors within the municipal area;   (iv) the chairpersons of the committees constituted under clause (5) of article 243s:       provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the municipality;   (b) the manner of election of the chairperson of a municipality

243R

constitution and composition of wards committees, etc: (1) there shall be constituted wards committees, consisting of one or more wards, within the territorial area of a municipality having a population of three lakhs or more.   (2) the legislature of a state may, by law, make provision with respect to —   (a) the composition and the territorial area of a wards committee;   (b) the manner in which the seats in a wards committee shall be filled.   (3) a member of a municipality representing a ward within the territorial area of the wards committee shall be a member of that committee.   (4) where a wards committee consists of —   (a) one ward, the member representing that ward in the municipality; or   (b) two or more wards, one of the members representing such wards in the municipality elected by the members of the wards committee, shall be the chairperson of that committee.   (5) nothing in this article shall be deemed to prevent the legislature of a state from making any provision for the constitution of committees in addition to the wards committees.

243S

reservation of seats: (1) seats shall be reserved for the scheduled castes and the scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the scheduled castes in the municipal area or of the scheduled tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality.   (2) not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes.   (3) not less than one-third (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a municipality.   (4) the offices of chairpersons in the municipalities shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide.   (5) the reservation of seats under clauses (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.   (6) nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any municipality or offices of chairpersons in the municipalities in favour of backward class of citizens.

243T

duration of municipalities, etc: (1) every municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:      provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution.   (2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).    (3) an election to constitute a municipality shall be completed, —   (a) before the expiry of its duration specified in clause (1);   (b) before the expiration of a period of six months from the date of its dissolution:      provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the municipality for such period.   (4) a municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under clause (1) had it not been so dissolved.

243U

disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of a municipality —   (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned:      provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;   (b) if he is so disqualified by or under any law made by the legislature of the state.   (2) if any question arises as to whether a member of a municipality has 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.

243V

powers, authority and responsibilities of municipalities, etc: subject to the provisions of this constitution, the legislature of a state may, by law, endow —   (a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to —   (i) the preparation of plans for economic development and social justice;   (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule;   (b) the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the twelfth schedule.

243W

power to impose taxes by, and funds of, the municipalities: the legislature of a state may, by law, —   (a) authorise a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;   (b) assign to a municipality such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits;   (c) provide for making such grants-in-aid to the municipalities from the consolidated fund of the state; and   (d) provide for constitution of such funds for crediting all moneys received, respectively, by or on behalf of the municipalities and also for the withdrawal of such moneys therefrom,   as may be specified in the law.

243X

finance commission: (1) the finance commission constituted under article 243-i shall also review the financial position of the municipalities and make recommendations to the governor as to —   (a) the principles which should govern—   (i) the distribution between the state and the municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the state, which may be divided between them under this part and the allocation between the municipalities at all levels of their respective shares of such proceeds;   (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipalities;   (iii) the grants-in-aid to the municipalities from the consolidated fund of the state;   (b) the measures needed to improve the financial position of the municipalities;   (c) any other matter referred to the finance commission by the governor in the interests of sound finance of the municipalities.   (2) the governor shall cause every recommendation made by the commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.

243Y

audit of accounts of municipalities: the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the municipalities and the auditing of such accounts.

243Z

elections to the municipalities: (1) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipalities shall be vested in the state election commission referred to in article 243k.   (2) subject to the provisions of this constitution, the legislature of a state may, by law, make provision with respect to all matters relating to, or in connection with, elections to the municipalities.

243ZA

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.

243ZB

part not to apply to certain areas: (1) nothing in this part shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.   (2) nothing in this part shall be construed to affect the functions and powers of the darjeeling gorkha hill council constituted under any law for the time being in force for the hill areas of the district of darjeeling in the state of west bengal.   (3) notwithstanding anything in this constitution, parliament may, by law, extend the provisions of this part to the scheduled areas and the tribal 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.

243ZC

committee for district planning: (1) there shall be constituted in every state at the district level a district planning committee to consolidate the plans prepared by the panchayats and the municipalities in the district and to prepare a draft development plan for the district as a whole.   (2) the legislature of a state may, by law, make provision with respect to —   (a) the composition of the district planning committees;   (b) the manner in which the seats in such committees shall be filled:      provided that not less than four-fifths of the total number of members of such committee shall be elected by, and from amongst, the elected members of the panchayat at the district level and of the municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;   (c) the functions relating to district planning which may be assigned to such committees;   (d) the manner in which the chairpersons of such committees shall be chosen.   (3) every district planning committee shall, in preparing the draft development plan, —   (a) have regard to —   (i) matters of common interest between the panchayats and the municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;   (ii) the extent and type of available resources whether financial or otherwise;   (b) consult such institutions and organisations as the governor may, by order, specify.   (4) the chairperson of every district planning committee shall forward the development plan, as recommended by such committee, to the government of the state.

243ZD

committee for metropolitan planning: (1) there shall be constituted in every metropolitan area a metropolitan planning committee to prepare a draft development plan for the metropolitan area as a whole.   (2) the legislature of a state may, by law, make provision with respect to —   (a) the composition of the metropolitan planning committees;   (b) the manner in which the seats in such committees shall be filled:      provided that not less than two-thirds of the members of such committee shall be elected by, and from amongst, the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area in proportion to the ratio between the population of the municipalities and of the panchayats in that area;   (c) the representation in such committees of the government of india and the government of the state and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such committees;   (d) the functions relating to planning and coordination for the metropolitan area which may be assigned to such committees;   (e) the manner in which the chairpersons of such committees shall be chosen.   (3) every metropolitan planning committee shall, in preparing the draft development plan, —   (a) have regard to —   (i) the plans prepared by the municipalities and the panchayats in the metropolitan area;   (ii) matters of common interest between the municipalities and the panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;   (iii) the overall objectives and priorities set by the government of india and the government of the state;   (iv) the extent and nature of investments likely to be made in the metropolitan area by agencies of the government of india and of the government of the state and other available resources whether financial or otherwise;   (b) consult such institutions and organisations as the governor may, by order, specify.   (4) the chairperson of every metropolitan planning committee shall forward the development plan, as recommended by such committee, to the government of the state.

243ZE

continuance of existing laws and municipalities: notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:      provided that all the municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the legislative assembly of that state or, in the case of a state having a legislative council, by each house of the legislature of that state.

243ZF

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 243za shall not be called in question in any court;   (b) no election to any municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a state.

243ZG

definitions: in this part, unless the context otherwise requires,—   (a) "authorised person" means a person referred to as such in article 243zq;   (b) "board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to;   (c) "co-operative society" means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any state;   (d) "multi-state co-operative society" means a society with objects not confined to one state and registered or deemed to be registered under any law for the time being in force relating to such cooperatives;   (e) "office bearer" means a president, vice-president, chairperson, vice-chairperson, secretary or treasurer, of a co-operative society and includes any other person to be elected by the board of any cooperative society;   (f) "registrar" means the central registrar appointed by the central government in relation to the multi-state co-operative societies and the registrar for co-operative societies appointed by the state government under the law made by the legislature of a state in relation to co-operative societies;   (g) "state act" means any law made by the legislature of a state;   (h) "state level co-operative society" means a co-operative society having its area of operation extending to the whole of a state and defined as such in any law made by the legislature of a state.

243ZH

incorporation of co-operative societies: subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic membercontrol, member-economic participation and autonomous functioning.

243ZI

number and term of members of board and its office bearers: (1) the board shall consist of such number of directors as may be provided by the legislature of a state, by law:   provided that the maximum number of directors of a co-operative society shall not exceed twenty-one:   provided further that the legislature of a state shall, by law, provide for the reservation of one seat for the scheduled castes or the scheduled tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class of category of persons.   (2) the term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board:provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.   (3) the legislature of a state shall, by law, make provisions for co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative society, as members of the board of such society:   provided that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the first proviso to clause (1):   provided further that such co-opted members shall not have the right to vote in any election of the cooperative society in their capacity as such member or to be eligible to be elected as office bearers of the board:   provided also that the functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in the first proviso to clause (1).

243ZJ

election of members of board: (1) notwithstanding anything contained in any law made by the legislature of a state, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board.   (2) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law:   provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections.

243ZK

supersession and suspension of board and interim management: (1) notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under supersession for a period exceeding six months:   provided that the board may be superseded or kept under suspension in a case—   (i) of its persistent default; or   (ii) of negligence in the performance of its duties; or   (iii) the board has committed any act prejudicial to the interests of the co-operative society or its members; or   (iv) there is stalemate in the constitution or functions of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243zk, has failed to conduct elections in accordance with the provisions of the state act:   provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government:   provided also that in case of a co-operative society carrying on the business of banking, the provisions of the banking regulation act, 1949 shall also apply:   provided also that in case of a co-operative society, other than a multi- state co-operative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words ―six months‖, the words "one year" had been substituted.   (2) in case of supersession of a board, the administrator appointed to manage the affairs of such cooperative society shall arrange for conduct of elections within the period specified in clause (1) and hand over the management to the elected board.   (3) the legislature of a state may, by law, make provisions for the conditions of service of the administrator.

243ZL

audit of accounts of co-operative societies: (1) the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts at least once in each financial year.    (2) the legislature of a state shall, by law, lay down the minimum qualifications and experience of auditors and auditing firms that shall be eligible for auditing accounts of the co-operative societies.   (3) every co-operative society shall cause to be audited by an auditor or auditing firms referred to in clause (2) appointed by the general body of the co-operative society:   provided that such auditors or auditing firms shall be appointed from a panel approved by a state government or an authority authorised by the state government in this behalf.   (4) the accounts of every co-operative society shall be audited within six months of the close of the financial year to which such accounts relate.   (5) the audit report of the accounts of an apex co-operative society, as may be defined by the state act, shall be laid before the state legislature in the manner, as may be provided by the state legislature, by law.

243ZM

convening of general body meetings: the legislature of a state may, by law, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such law.

243ZN