THE CONSTITUTION OF INDIA 2013) PREAMBOLO

1 THE CONSTITUTION OF INDIA (stand: 2013) PREAMBOLO WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST S...

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PREAMBOLO

THE CONSTITUTION OF INDIA (stand: 2013)

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Chapter I Language of the Union Article 343 Official language of the Union

(1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. (2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:

TUTELA DEI DIRITTI INDIVIDUALI E COLLETTIVI Article 14 {Equality before law}

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 {Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth} 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. 2. No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to a. access to shops, public restaurants, hotels and places of public entertainment; or b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public. 3. Nothing in this article shall prevent the State from making any special provision for women and children. 4. Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and

educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. 5. Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30. Article 16 {Equality of opportunity in matters of public employment} 1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. 2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. 3. (AZIONI POSITIVE) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment. 4. (AZIONI POSITIVE) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. (….) Article 17 {Abolition of Untouchability} "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law. Article 19 {Protection of certain rights regarding freedom of speech, etc.} 1. All citizens shall have the right a. to freedom of speech and expression; b. to assemble peaceably and without arms; c. to form associations or unions; d. to move freely throughout the territory of India; e. to reside and settle in any part of the territory of India; and f. *** (repealed) g. to practice any profession, or to carry on any occupation, trade or business. 2. Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes

reasonable restrictions on the exercise of the right conferred by the said subclause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. 3. Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause. 4. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. 5. Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe. 6. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, i. the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or ii. the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise. Article 21A {Right to education} The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.(86th Amendmend Act, 2002) Article 25 {Freedom of conscience and free profession, practice and propagation of religion} 1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. 2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law a. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; b. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

[Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.] [Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. Article 26 {Freedom to manage religious affairs} Subject to public order, morality and health, every religious denomination or any section thereof shall have the right a. to establish and maintain institutions for religious and charitable purposes; b. to manage its own affairs in matters of religion; c. to own and acquire movable and immovable property; and d. to administer such property in accordance with law. Article 27 {Freedom as to payment of taxes for promotion of any particular religion} No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. Article 28 {Freedom as to attendance at religious instruction or religious worship in certain educational institutions} 1. No religious instruction shall be provided in any educational institution wholly maintained out of State funds. 2. Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. 3. No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto. Article 29 {Protection of interests of minorities} 1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. 2. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. Article 30 {Right of minorities to establish and administer educational institutions} 1. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. 1A. In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined

under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. 2. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. Article 34 {Restriction on rights conferred by this Part while martial law is in force in any area} Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. Article 51A {Fundamental duties} (86th Amendment Act, 2002) It shall be the duty of every citizen of India a. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; b. to cherish and follow the noble ideals which inspired our national struggle for freedom; c. to uphold and protect the sovereignty, unity and integrity of India; d. to defend the country and render national service when called upon to do so; e. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; f. to value and preserve the rich heritage of our composite culture; g. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; h. to develop the scientific temper, humanism and the spirit of inquiry and reform; i. to safeguard public property and to abjure violence; j. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. k. who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years[1]

FORMA DI GOVERNO Article 54 {Election of President}

The President shall be elected by the members of an electoral college consisting ofa. The elected members of both Houses of Parliament; and b. The elected members of the Legislative Assemblies of the States. [Explanation. In this article and in article 55, State includes the National Capital Territory of Delhi and the Union territory of Pondicherry.] Article 55 {Manner of election of President} 1. As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

2. For the purpose of securing such uniformity among the States inter se as well as parity each state is entitled to cast at such election shall be determined in the following manner; a. Elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; b. if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; c. each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. 3. The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. [Explanation: In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.] Article 56 {Term of office of President} 1. The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that a. the President may, by writing under his hand addressed to the VicePresident, resign his office; b. the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61. c. the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2. Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. Article 57 {Eligibility for re-election} A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution be eligible for re-election to that office. Article 58 {Qualifications for election as President} 1. No person shall be eligible for election as President unless he a. is a citizen of India; b. has completed the age of thirty-five years, and

c. is qualified for election as a member of the House of the People. 2. A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. [Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.] Article 61 {Procedure for impeachment of the President} 1. When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. 2. No such charge shall be preferred unless a. the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and b. such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. 3. When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation. 4. If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Article 75 {Other provisions as to Ministers}

1. The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People. (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier. 2. The Minister shall hold office during the pleasure of the President.

3. The Council of Ministers shall be collectively responsible to the House of the People. 4. Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. 5. A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. 6. The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. Chapter II {Parliament} Article 79 {Constitution of Parliament} There shall be a Parliament for the Union which shall consists of the President and two Houses to be known respectively as the Council of States and the House of the People. Article 80 {Composition of the Council of States} 1. The Council of States shall consists of a. twelve members to be nominated by the President in accordance with the provisions of clause (3); and b. not more than two hundred and thirty-eight representatives of the States and of the Union territories. 2. The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. 3. The members to be nominated by the President under sub-clause (a) and clause (1) shall consists of persons having special knowledge or practical experience in respect of such matters as the following, namely: - Literature, science, art and social service. 4. The representatives of each State in the Council of States shall be elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. 5. The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe. Article 81 {Composition of the House of the People} 1. Subject to the provisions of article 331, the House of the People shall consists of a. not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and b. not more than twenty members to represent the Union territories, chosen in such manner as Parliament may by law provide. 2. For the purposes of sub-clause (a) of clause (1), a. there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and

b. each State 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 is, so far as practicable, the same throughout the State: Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.

Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (1) Seats shall be reserved in the House of the People for (a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory. (….)

Article 331 Representation of the Anglo-Indian community in the House of the People

Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

Article 83 {Duration of Houses of Parliament}

1. The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. 2. The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of 5 years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. Article 85 {Sessions of Parliament, prorogation and dissolution} 1. The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its lasting sitting in one session and the date appointed for its first sitting in the next session. 2. The President may from time to time -

a. prorogue the Houses or either House; b. dissolve the House of the People. Article 86 {Right of President to address and send messages to Houses} 1. The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. 2. The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. Article 87 {Special address by the President} 1. At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. 2. Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address. Article 108 {Joint sitting of both Houses in certain cases} 1. If after a Bill has been passed by one House and transmitted to the other House a. the Bill is rejected by the other House; or b. the Houses have finally disagreed as to the amendments to be made in the Bill; or c. more than six months lapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill. 2. In reckoning any such period of six months as is referred to in clause (1) no account shall be taken of any period during which the House referred to in subclause (c) of that clause is prorogued or adjourned for more than four consecutive days. 3. Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification, and if he does so, the Houses shall meet accordingly. 4. If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passes by both Houses: Provided that at a joint sitting a. if the Bill, having been passed by one House, has not been passed by other House with amendments and returned to the House in which it originated,

no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; b. if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. 5. A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein. Article 109 {Special procedure in respect of Money Bills} 1. A Money Bill shall not be introduced in the Council of States. 2. After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States. 3. If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed both Houses with the amendments recommended by the Council of States and accepted by the House of the People. 4. If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States. 5. If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People 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 House of the People. Article 110 {Definition of "Money Bills"} 1. For the purpose 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 Government of India or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India; c. the custody of the Consolidated Fund or the Contingency Fund of India, 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 India;

e. the declaration of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; f. the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or g. any matter incidental to any of the matters specified in sub-clause (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 of body for local purposes. 3. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final. 4. There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill. Article 111 {Assent to Bills} When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent there from: Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they 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 Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent there from. Article 112 {Annual financial statement} 1. The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India 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 India; and b. the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure. 3. The following expenditure shall be expenditure charged on the consolidated Fund of India -

a. the emoluments and allowances of the President and other expenditure relating to his office; b. the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People; c. debt charges for which the Government of India 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. i. the salaries, allowances and a pensions payable to or in respect of Judges of the Supreme court: ii. the pensions payable to or in respect of Judges of the Federal Court; iii. the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in a Governor's Province of the Dominion of India; e. the salary, allowance and pension payable to or in respect of the Comptroller and Auditor-General of India; f. any sums required to satisfy any judgement, decree or award of any court or arbitral tribunal; g. any other expenditure declared by this Constitution or by Parliament by law to be so charged. Article 117 {Special provisions as to financial Bills} 1. A Bill or amendment making provision for any of the matters specified in subclauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: 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, alternation or regulation of any tax by any local authority or body for local purpose. 3. A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. Chapter III {Legislative powers of the President} Article 123 {Power of President to promulgate Ordinances during recess of Parliament} 1. If at any time, except when both Houses of Parliament are in session, the President 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. 2. An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance a. shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and b. may be withdrawn at any time by the President. [Explanation: Where the Houses of Parliament 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 Parliament would not under this Constitution be competent to enact, it shall be void.

Article 352 Proclamation of Emergency

4. (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the proclamation. 5. Explanation: A proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof. 6. (2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. 7. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing. 8. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: 9. Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before

the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. 10. (5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (4): 11. Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause: 12. (…) 13. (6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of Parliament only 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. 14. (7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued under clause (1) or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continence in force of, such Proclamation. 15. (8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation, 16. (a) to the Speaker, if the House is in session; or 17. (b) to the President, if the House is not in session, a special sitting on the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution. 18. (9) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or armed rebellion or imminent danger of war or external aggression or armed rebellion, whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation. 19. Article 353 Effect of Proclamation of Emergency 20. While a Proclamation of Emergency is in operation, then 21. (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised; 22. (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers

and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: 23. Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, 24. (i) the executive power of the Union to give directions under clause (a), and 25. (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.

Article 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation

26. (1) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit. 27. (2) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.

LA CORTE SUPREMA Article 124 {Establishment and Constitution of Supreme Court}

1. There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. 2. Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted: Provided further 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 in the manner provide in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. 3. A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and a. has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or b. has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or c. is, in the opinion of the President, a distinguished jurist. [Explanation I: In this clause "High Court" means a High Court which exercises, or which at

any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.] [Explanation II: In computing for the purpose of this clause the period during which a a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.] 4. A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported 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 has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. 5. Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). 6. Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, 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. 7. No person who has held office as a Judge of the Supreme Court shall plead or act in any court of before any authority within the territ Article 131 {Original jurisdiction of the Supreme Court} Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute a. between the Government of India and one or more States; or b. between the Government of India and any State of States on one side and one or more other States on the other; or c. between two or more States. If and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad of other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement or which provides that the said jurisdiction shall not extend to such a dispute. the recovery of damages against the government of india cannot be claimed by state before the supreme court. Article 131A {Executive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws} Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 4. {...} Article 132 {Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases} 1. An appeal shall lie to the Supreme Court from any judgement, decree of final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under article 134A that the case involves a substantial question of law as to the interpretation of this Constitution.

2. omitted by s. 17, the Constitution (Forty-fourth Amendment) Act, 1978, s. 17.{...} 3. Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided. [Explanation: For the purpose of this article, the expression "final order" includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.] Article 133 {Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters} 1. An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under article 134A a. that the case involves a substantial question of law of general importance; and b. that in the opinion of the High Court the said question needs to be decided by the Supreme Court. 2. Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided. 3. Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. Article 134 {Appellate jurisdiction of Supreme Court in regard to criminal matters} 1. An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court a. has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or b. has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or c. certified under article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require. 2. Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.

Article 134A {Certificate for appeal to the Supreme Court} Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134, a. may, if it deems fit so to do, on its own motion; and b. shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) or article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case. Article 136 {Special leave to appeal by the Supreme Court} 1. Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. 2. Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. Article 137 {Review of judgments or orders by the Supreme Court} Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. Article 141 {Law declared by Supreme Court to be binding on all courts} The law declared by the Supreme Court shall be binding on all courts within the territory of India. Article 143 {Power of President to consult Supreme Court} 1. If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. 2. The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after hearing as it thinks fit, report to the President its opinion thereon. ORDINAMENTO FEDERALE DELLO STATO Article 1 {India and union of state} 1. India, that is Bharat, shall be a Union of States. 2. The States and the territories thereof shall be as specified in the First Schedule. 3. The territory of India shall comprise — a. the territories of the States; b. the Union territories specified in the First Schedule; and c. such other territories as may be acquired.

Article 246 {Subject-matter of laws made by Parliament and by the Legislatures

of States} 1. Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List"). 2. Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List"). 3. Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List"). 4. Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.

Article 248 {Residuary powers of legislation}

1. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. 2. Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. Article 249 {Power of Parliament to legislate with respect to a matter in the State List in the National interest} 1. Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. 2. A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force. 3. A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. Article 250 {Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation}

1. Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. 2. A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. Article 251 {Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of States} Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative. Chapter III The State Legislature Article 168 {Constitution of Legislatures in States} 1. For every State there shall be a Legislature which shall consist of the Governor, and a. in the States of Bihar, Maharashtra, Karnatatka, and Uttar Pradesh, Andhra Pradesh two Houses; b. in other States, one House. 2. Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. Article 170 {Composition of the Legislative Assemblies} 1. Subject to the provisions of article 333, the Legislative Assembly of each State shall consists of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. Article 171 {Composition of the Legislative Council} 1. The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

Article 40 {Organisation of village panchayats}

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of selfgovernment. Article 243 {Definitions} In this Part, unless the context otherwise requires,-

a. "district" means a district in a State; b. "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level; c. "intermediate level" means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part; d. "Panchayat" means an institution (by whatever name called) of self-government constituted under Article 243B, for the rural areas; e. "Panchayat area" means the territorial area of a Panchayat; f. "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; g. "village" means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified. Article 243A {Gram Sabha} A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide. Article 243B {Constitution of Panchayats} 1. There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. 2. Notwithstanding anything in Clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs. Article 243C {Composition of Panchayats} 1. Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats: Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled [by] election shall, so far as practicable, be the same throughout the State. 2. All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. 3. The Legislature of a State may, by law, provide for the representation a. of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level; b. of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level; c. of the members of the House of the People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly Panchayat area at a level other than the village level, in such Panchayat;

d. of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within i. a Panchayat area at the intermediate level, in Panchayat at the intermediate level; ii. a Panchayat area at the district level, in Panchayat at the district level. 4. The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats. 5. The Chairperson of a. a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and b. a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof. Article 243D {Reservation of seats} 1. Seats shall be reserved for a. the Scheduled Castes; and b. the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. 2. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. 3. Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. 4. The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.

5. The reservation of seats under Clauses (1) and (2) and the reservation of office 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.

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