[PDF]Constitution Of India by government of india

THE CONSTITUTION OF INDIA


[As on 26" November, 2021]


PREFACE


This is the fifth pocket size edition of the Constitution of India in the
diglot form. In this edition, the text of the Constitution of India has been
brought up-to-date by incorporating therein all the amendments up to the
Constitution (One Hundred and Fifth Amendment) Act, 2021. The foot notes
below the text indicate the Constitution Amendment Acts by which such


amendments have been made.


The Constitution (One Hundredth Amendments) Act, 2015 containing
details of acquired and transferred territories between the Governments of
India and Bangladesh has been provided in APPENDIX I.


The Constitution (Application to Jammu and Kashmir) Order, 2019 and
the declaration under article 370(3) of the Constitution have been provided
respectively in Appendix II and Appendix III for reference.


New Delhi; Dr. Reeta Vasishta,


Secretary to the Government of India.


THE CONSTITUTION OF INDIA


CONTENTS
PREAMBLE
PARTI
THE UNION AND ITS TERRITORY

ARTICLES

1. Name and territory of the Union.

2. Admission or establishment of new States.

[2A. Sikkim to be associated with the Union.—Omitted. ]
3. Formation of new States and alteration of areas, boundaries or


names of existing States.


4. Laws made under articles 2 and 3 to provide for the amendment of
the First and the Fourth Schedules and supplemental, incidental
and consequential matters.


PART II
CITIZENSHIP
5. Citizenship at the commencement of the Constitution.
6. Rights of citizenship of certain persons who have migrated to
India from Pakistan.
iE Rights of citizenship of certain migrants to Pakistan.
8. Rights of citizenship of certain persons of Indian origin residing


outside India.


10.


21A.


Persons voluntarily acquiring citizenship of a foreign State not to
be citizens.


Continuance of the rights of citizenship.
Parliament to regulate the right of citizenship by law.
PART III
FUNDAMENTAL RIGHTS
General
Definition.
Laws inconsistent with or in derogation of the fundamental
rights.
Right to Equality
Equality before law.
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
Equality of opportunity in matters of public employment.
Abolition of Untouchability.
Abolition of titles.
Right to Freedom
Protection of certain rights regarding freedom of speech, etc.
Protection in respect of conviction for offences.
Protection of life and personal liberty.
Right to education.
Protection against arrest and detention in certain cases.
Right against Exploitation


Prohibition of traffic in human beings and forced labour.
Prohibition of employment of children in factories, etc.

Right to Freedom of Religion
Freedom of conscience and free profession, practice and
propagation of religion.
Freedom to manage religious affairs.
Freedom as to payment of taxes for promotion of any particular
religion.
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.


29.
30.


(31.


31A.
31B.
31C.
[31D.


32.
[32A.


33.


34.


35.


36.
37.


38.


39.
39A.


Cultural and Educational Rights


Protection of interests of minorities.


Right of minorities to establish and administer educational
institutions.


Compulsory acquisition of property. —Omitted.]

Saving of Certain Laws

Saving of Laws providing for acquisition of estates, etc.
Validation of certain Acts and Regulations.

Saving of laws giving effect to certain directive principles.
Saving of laws in respect of anti-national activities —Omitted. ]
Right to Constitutional Remedies

Remedies for enforcement of rights conferred by this Part.


Constitutional validity of State laws not to be considered in
proceedings under article 32.—Omitted. ]


Power of Parliament to modify the rights conferred by this Part
in their application to Forces, etc.


Restriction on rights conferred by this Part while martial law is
in force in any area.


Legislation to give effect to the provisions of this Part.
PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY
Definition.

Application of the principles contained in this Part.


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


Certain principles of policy to be followed by the State.
Equal justice and free legal aid.


40.
Al.


42.


43.


43A.
43B.


44.
45.


46.


47.


48.


48A.


49.


50.
51.


SIA.


52.
53.
54.


Organisation of village panchayats.

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

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


Living wage, etc., for workers.
Participation of workers in management of Industries.
Promotion of co-operative societies.


Uniform civil code for the citizens.

Provision for early childhood care and education to children
below the age of six years.

Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.

Duty of the State to raise the level of nutrition and the standard
of living and to improve public health.

Organisation of agriculture and animal husbandry.

Protection and improvement of environment and safeguarding of
forests and wild life.

Protection of monuments and places and objects of national
importance.


Separation of judiciary from executive.


Promotion of international peace and security.
PART IVA
FUNDAMENTAL DUTIES
Fundamental duties.


PART V
THE UNION
CHAPTER I—THE EXECUTIVE
The President and Vice-President


The President of India.
Executive power of the Union.


Election of President.


55.
56.
57.
58.
59.
60.
61.
62.


63.


64.
65.


66.
67.
68.


69.
70.
71.


72.


73.


74.
Wey


76.


Manner of election of President.

Term of office of President.

Eligibility for re-election.
Qualifications for election as President.
Conditions of President’s office.

Oath or affirmation by the President.


Procedure for impeachment of the President.


Time of holding election to fill vacancy in the office of President
and the term of office of person elected to fill casual vacancy.


The Vice-President of India.


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

The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President.


Election of Vice-President.


Term of office of Vice-President.


Time of holding election to fill vacancy in the office of Vice-President
and the term of office of person elected to fill casual vacancy.


Oath or affirmation by the Vice-President.


Discharge of President’s functions in other contingencies.


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

Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.


Extent of executive power of the Union.
Council of Ministers
Council of Ministers to aid and advise President.


Other provisions as to Ministers.
The Attorney-General for India
Attorney-General for India.


Ds
78.


79.
80.
81.
82.
83.
84.
85.
86.
87.
88.


89.
90.


91.


92.


93.
94.


95.


Conduct of Government Business
Conduct of business of the Government of India.


Duties of Prime Minister as respects the furnishing
information to the President, etc.


CHAPTER I.—PARLIAMENT
General

Constitution of Parliament.
Composition of the Council of States.
Composition of the House of the People.
Readjustment after each census.
Duration of Houses of Parliament.
Qualification for membership of Parliament.
Sessions of Parliament, prorogation and dissolution.
Right of President to address and send messages to Houses.
Special address by the President.


Rights of Ministers and Attorney-General as respects Houses.


Officers of Parliament


The Chairman and Deputy Chairman of the Council of States.


of


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


Deputy Chairman.


Power of the Deputy Chairman or other person to perform the


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


The Chairman or the Deputy Chairman not to preside while a


resolution for his removal from office is under consideration.
The Speaker and Deputy Speaker of the House of the People.


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


Speaker and Deputy Speaker.


Power of the Deputy Speaker or other person to perform the


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


96.


97.


98.


99.


100.


101.
102.
103.
104.


105.


106.


107.
108.
109.
110.
111.


112.
113.
114.


The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
Salaries and allowances of the Chairman and Deputy Chairman
and the Speaker and Deputy Speaker.

Secretariat of Parliament.


Conduct of Business
Oath or affirmation by members.


Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.


Disqualifications of Members
Vacation of seats.
Disqualifications for membership.
Decision on questions as to disqualifications of members.


Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.


Powers, Privileges and Immunities of Parliament and its

Members
Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.
Salaries and allowances of members.

Legislative Procedure
Provisions as to introduction and passing of Bills.
Joint sitting of both Houses in certain cases.
Special procedure in respect of Money Bills.
Definition of “Money Bills”.
Assent to Bills.
Procedure in Financial Matters

Annual financial statement.
Procedure in Parliament with respect to estimates.
Appropriation Bills.


115. Supplementary, additional or excess grants.


116. Votes on account, votes of credit and exceptional grants.
117. Special provisions as to financial Bills.
Procedure Generally
118. Rules of procedure.
119. Regulation by law of procedure in Parliament in relation to
financial business.
120. Language to be used in Parliament.
121. Restriction on discussion in Parliament.
122. Courts not to inquire into proceedings of Parliament.
CHAPTER II.—LEGISLATIVE POWERS OF THE
PRESIDENT
123. Power of President to promulgate Ordinances during recess of
Parliament.
CHAPTER IV.— THE UNION JUDICIARY
124. Establishment and constitution of the Supreme Court.


124A. National Judicial Appointments Commission.
124B. Functions of Commission.

124C. — Power of Parliament to make law.

125. Salaries, etc., of Judges.

126. Appointment of acting Chief Justice.

127, Appointment of ad hoc Judges.


128. Attendance of retired Judges at sittings of the Supreme Court.
129. Supreme Court to be a court of record.
130. Seat of Supreme Court.
131. Original jurisdiction of the Supreme Court.
[131A. Exclusive jurisdiction of the Supreme Court in regard to questions
as to constitutional validity of Central laws.—Omitted.]
132. Appellate jurisdiction of the Supreme Court in appeals from


High Courts in certain cases.


133. Appellate jurisdiction of the Supreme Court in appeals from
High Courts in regard to civil matters.


10


134.


134A.
135.


136.
137.
138.
139.


139A.
140.
141.
142.


143.
144.


[144A.


145.
146.
147.


148.
149.
150.
151.


Appellate jurisdiction of the Supreme Court in regard to criminal
matters.


Certificate for appeal to the Supreme Court.
Jurisdiction and powers of the Federal Court under existing law
to be exercisable by the Supreme Court.
Special leave to appeal by the Supreme Court.
Review of judgments or orders by the Supreme Court.
Enlargement of the jurisdiction of the Supreme Court.
Conferment on the Supreme Court of powers to issue certain
writs.
Transfer of certain cases.
Ancillary powers of the Supreme Court.
Law declared by Supreme Court to be binding on all courts.
Enforcement of decrees and orders of the Supreme Court and
orders as to discovery, etc.
Power of the President to consult the Supreme Court.
Civil and judicial authorities to act in aid of the Supreme
Court.
Special provisions as to disposal of questions relating to
constitutional validity of laws.—Omitted.]
Rules of Court, etc.
Officers and servants and the expenses of the Supreme Court.
Interpretation.

CHAPTER V.—COMPTROLLER AND AUDITOR-

GENERAL OF INDIA
Comptroller and Auditor-General of India.
Duties and powers of the Comptroller and Auditor-General.
Form of accounts of the Union and of the States.
Audit reports.
PART VI
THE STATES
CHAPTER I— GENERAL


11


152.


153.
154.
155.
156.
157.
158.
159.
160.


161.


162.


163.
164.


165.


166.
167.


168.
169.


Definition.


CHAPTER II— THE EXECUTIVE
The Governor
Governors of States.


Executive power of State.

Appointment of Governor.

Term of office of Governor.

Qualifications for appointment as Governor.
Conditions of Governor’s office.

Oath or affirmation by the Governor.


Discharge of the functions of the Governor in certain
contingencies.


Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.


Extent of executive power of the State.
Council of Ministers
Council of Ministers to aid and advise Governor.
Other provisions as to Ministers.
The Advocate-General for the State
Advocate-General for the State.
Conduct of Government Business
Conduct of business of the Government of a State.


Duties of Chief Minister as respects the furnishing of
information to Governor, etc.


CHAPTER II —THE STATE LEGISLATURE
General
Constitution of Legislatures in States.


Abolition or creation of Legislative Councils in States.


12


170.


171.
172.
173.
174.
175.


176.
177.


178.
179.


180.


181.


182.
183.


184.


185.


186.


187.


188.
189.


Composition of the Legislative Assemblies.


Composition of the Legislative Councils.

Duration of State Legislatures.

Qualification for membership of the State Legislature.
Sessions of the State Legislature, prorogation and dissolution.


Right of Governor to address and send messages to the House or
Houses.
Special address by the Governor.


Rights of Ministers and Advocate-General as respects the
Houses.

Officers of the State Legislature
The Speaker and Deputy Speaker of the Legislative Assembly.


Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.

Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.

The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.
The Chairman and Deputy Chairman of the Legislative Council.


Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.

Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.

The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
Salaries and allowances of the Speaker and Deputy Speaker and
the Chairman and Deputy Chairman.

Secretariat of State Legislature.


Conduct of Business
Oath or affirmation by members.


Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.


Disqualifications of Members


13


190.
191.
192.
193.


194.


195.


196.
197.


198.
199.
200.
201.


202.
203.
204.
205.
206.
207.


208.
209.


Vacation of seats.
Disqualifications for membership.
Decision on questions as to disqualifications of members.


Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.


Powers, privileges and immunities of State Legislatures and
their Members


Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof.


Salaries and allowances of members.
Legislative Procedure
Provisions as to introduction and passing of Bills.


Restriction on powers of Legislative Council as to Bills other
than Money Bills.


Special procedure in respect of Money Bills.
Definition of “Money Bills”.
Assent to Bills.
Bills reserved for consideration.

Procedure in Financial Matters
Annual financial statement.
Procedure in Legislature with respect to estimates.
Appropriation Bills.
Supplementary, additional or excess grants.
Votes on account, votes of credit and exceptional grants.
Special provisions as to financial Bills.

Procedure Generally

Rules of procedure.


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


14


210.
211.
212.


213.


214.
215.
216.
217.


218.


219.
220.
221.
222.
223;
224.
224A.
225.
226.
[226A.


227.
228.


relation to financial business.
Language to be used in the Legislature.


Restriction on discussion in the Legislature.
Courts not to inquire into proceedings of the Legislature.
CHAPTER IV.—LEGISLATIVE POWER OF THE


GOVERNOR
Power of Governor to promulgate Ordinances during recess of
Legislature.
CHAPTER V.—THE HIGH COURTS IN THE
STATES


High Courts for States.
High Courts to be courts of record.
Constitution of High Courts.


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


Application of certain provisions relating to Supreme Court to
High Courts.
Oath or affirmation by Judges of High Courts.


Restriction on practice after being a permanent Judge.
Salaries, etc., of Judges.

Transfer of a Judge from one High Court to another.
Appointment of acting Chief Justice.

Appointment of additional and acting Judges.
Appointment of retired Judges at sittings of High Courts.
Jurisdiction of existing High Courts.

Power of High Courts to issue certain writs.


Constitutional validity of Central laws not to be considered in
proceedings under article 226.—Omitted. |


Power of superintendence over all courts by the High Court.


Transfer of certain cases to High Court.


15


[228A.


229.
230.


231.
(232.


233.
233A.


234.


235.
236.
237.


(238.


239.
239A.


2B0AA.
239AB.
239B.


240.


241.
(242.


Special provisions as to disposal of questions relating to
constitutional validity of State laws.—Omitted. |

Officers and servants and the expenses of High Courts.
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