Union
Part
V The Union
Chapter
I The Executive
Article
52 The President of India
There shall be a President of
India.
Article
53 Executive power of the Union
(1) The executive
power of the Union shall be vested in the President and shall be
exercised by him either directly or through officers subordinate to
him in accordance with this Constitution.
(2) Without prejudice
to the generality of the foregoing provision, the supreme command of
the Defence Forces of the Union Shall be vested in the President and
the exercise thereof shall be regulated by law.
(3) Nothing in
this article shall -
(a) be deemed to transfer to the President
any functions conferred by any existing law on the Government of any
State or other authority; or
(b) prevent Parliament from
conferring by law functions on authorities other than the President.
Article
54 Election of President
The President shall be elected by
the members of an electoral college consisting of -
(a) 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 between the States as a whole and the Union, the
number of votes which each elected member of Parliament and of the
legislative Assembly of each state is entitled to cast at such
election shall be determined in the following manner; -
(a)
every 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 Vide-President, 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
59 Conditions of President's office
(1) The President
shall not be a member of either House of Parliament or of a House of
the Legislature of any State, and if a member of either House of
Parliament or of a House of the Legislature of any State be elected
President, he shall be deemed to have vacated his seat in that House
on the date on which he enters upon his office as President.
(2)
The President shall not hold any other office of profit.
(3) The
President shall be entitled without payment of rent to the use of his
official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law
and until provision in that behalf is so made, such emoluments,
allowances and privileges as are specified in the Second
Schedule.
(4) The emoluments and allowances of the President
shall not be diminished during his term of office.
Article
60 Oath or affirmation by the President
Every President and
every person acting as President or discharging the functions of the
President shall, before entering upon his office, make and subscribe
in the presence of the Chief Justice of India or, in his absence, the
senior most Judge of the Supreme Court available, an oath or
affirmation in the following form, that is to say - "I, A.B.,
do swear in the name of God / solemnly affirm that I will faithfully
execute the office of President (or discharge the function of the
President) of India and will to the best of my ability preserve,
protect and defend the Constitution and the law and that I will
devote myself to the service and well-being of the people of India."
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
62 Time of holding election to fill vacancy in the office of resident
and the term of office or person elected to fill casual vacancy
(1)
An election to fill a vacancy caused by the expiration of the term of
office of President shall be completed before the expiration of the
term.
(2) An election to fill a vacancy in the office of
President occurring by reason of his death, regsignation or removal,
or otherwise shall be held as soon as possible after, and in no case
later than six months from, the date of occurrence of the vacancy;
and the person elected to fill the vacancy shall, subject to the
provisions of article 56 ,
be entitled to hold office for the full term of five years from the
date on which he enters upon his office.
Article
63 The Vice-President Of India
There shall be a
Vice-President of India.
Article
64 The Vice-President to be ex-officio Chairman of the Council of
States
The Vice-President shall be ex-officio Chairman of
the Council of States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as
President or discharges the functions of the President under article
65 ,
he shall not perform the duties of the office of Chairman of the
Council of States and shall not be entitled to any salary or
allowance payable to the Chairman of the Council of States under
article 97 .
Article
65 The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President
(1) In the event of the
occurrence of any vacancy in the office of the President by reason of
this death, resignation or removal, or otherwise, the Vice-President
shall act as President until the date on which a new President
elected in accordance with the provisions of this Chapter to fill
such vacancy enters upon his office.
(2) When the President is
unable to discharge his functions owing to absence, illness or any
other cause, the Vice-President shall discharge his functions until
the date on which the President resumes his duties.
(3) The
Vice-President shall, during, and in respect of, the period while he
is so acting as, or discharging the functions of, President have all
the powers and immunities of the President and be entitled to such
emoluments, allowances and privileges
as may be determined by
Parliament by law and, until provision in that behalf is so made,
such emoluments, allowances and privileges as are specified in the
Second Schedule.
Article
66 Election of Vice-President
(1) The Vice-President
shall be elected by the members of an electoral college consisting of
the members of both Houses of Parliament in accordance with the
system of proportional representation by means of a single
transferable vote and the voting at such election shall be by secret
ballot.
(2) The Vice-President shall not be a member of either
House of Parliament or of a House of the Legislature of any State,
and if a member of either House of Parliament or of a House of the
Legislature of any State be elected Vice-President, he shall be
deemed to have vacated his seat in that House on the date on which he
enters upon his office as Vice-President.
(3) No person shall be
eligible for election as Vice-President unless he -
(a) is a
citizen on India;
(b) has completed the age of thirty-five
years; and
(c) is qualified for election as a member of the
Council of States.
(4) A person shall not be eligible for
election as Vice-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 of Vice-President of the Union or the
Governor of any State or is a Minister either for the Union or for
any State.
Article
67 Term of office of Vice-President
The Vice-President shall
hold office for a term of five years from the date on which he enters
upon his office:
Provided that - (a) A Vice-President may, by
writing under his hand addressed to the President, resign his
office;
(b) a Vice-President may be removed from his office by a
resolution of the Council of States passed by a majority of all the
then members of the Council and agreed to by the House of the People;
but no resolution for the purpose of this clause shall be moved
unless at least fourteen days' notice has been given of the intention
to move the resolution;
(c) A Vice-President shall,
notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office.
Article
68 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
(1) An election to fill a vacancy
caused by the expiration of the term of office of Vice-President
shall be completed before the expiration of the term.
(2) An
election to fill a vacancy in the office of Vice-President occurring
by reason of his death, resignation or removal, or otherwise shall be
held as soon as possible after the occurrence of the vacancy, and the
person elected to fill the vacancy shall, subject to the provisions
of article 67 ,
be entitled to hold office for the full term of five years from the
date on which he enters upon his office.
Article
69 Oath or affirmation by the Vice-President
Every
Vice-President shall, before entering upon his office, make and
subscribe before the President, or some person appointed in that
behalf by him, an oath or affirmation in the following form, that is
to say - "I, A.B., do swear in the name of God /solemnly
affirm that I will bear true faith and allegiance to the Constitution
of India as by law established and that I will discharge the duty
upon which I am about to enter."
Article
70 Discharge of President's functions in other
contingencies
Parliament may make such provision as it
thinks fit for the discharge of the functions of the President in any
contingency not provided for in this Chapter.
Article
71 Matters relating to, or connected with, the election of a
President or Vice-President
(1) All doubts and
disputes arising out of or in connection with the election of a
President or Vice-President shall be inquired into and decided by the
Supreme Court whose decision shall be final.
(2) If the election
of a person as President or Vice-President is declared void by the
Supreme Court, acts done by him in the exercise and performance of
the powers and duties of the office of President or Vice-President,
as the case may be, on or before the date of the decision of the
Supreme Court shall not be invalidated by reason of that
declaration.
(3) Subject to the provisions of this Constitution,
Parliament may by law regulate any matter relating to or connected
with the election of a President or Vice-President.
(4) The
election of a person as President or Vice-President shall not be
called in question on the ground of the existence of any vacancy for
whatever reason among the members of the electoral college electing
him.
Article
72 Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases
(1) The
President shall have the power to grant pardons, reprieves, respites
or remissions of punishment or to suspend, remit or commute the
sentence of any persons convicted of any offence - (a) in all cases
where the punishment of sentence is by a Court Martial;
(b) in
all cases where the punishment or sentence is for an offence against
any law relating to a matter to which the executive power of the
Union extends;
(c) in all cases where the sentence is a sentence
of death.
(2) Nothing in sub-clause (a) of clause (1) shall
affect the power conferred by law on any officer of the Armed Forces
of the Union to suspend, remit or commute a sentence passed by a
Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall
affect the power to suspend, remit or commute a sentence of death
exercisable by the Governor of a State under any law for the time
being in force.
Article
73 Extent of executive power of the Union
(1) Subject
to the provisions of this Constitution, the executive power of the
Union shall extend -
(a) to the matters with respect to which
Parliament has power to make laws; and
(b) to the exercise of
such rights, authority and jurisdiction as are exercisable by the
Government of India by virtue of any treaty of agreement:
Provided
that the executive power referred to in sub-clause (a) shall not,
save as expressly provided in this Constitution or in any law made by
Parliament, extend in any State to matters with respect to which the
Legislature of the State has also power to make laws.
(2) Until
otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article,
continue to exercise in matters with respect to which Parliament has
power to make laws for that State such executive power or functions
as the State or officer or authority thereof could exercise
immediately before the commencement of this Constitution.
Article
74 Council of Ministers to aid and advise President
(1)
There shall be a Council of Ministers with the Prime Minister at the
head to aid and advise the President who shall, in the exercise of
his functions, act in accordance with such advice:
Provided that
the President may require the Council of Ministers to reconsider such
advice, either generally or otherwise, and the President shall act in
accordance with the advice tendered after such reconsideration.
(2)
The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
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.
(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.
Article
76 Attorney-General for India
(1) The President shall
appoint a person who is qualified to be appointed a Judge of the
Supreme Court to be Attorney-General for India.
(2) It shall be
the duty of the Attorney-General to give advice to the Government of
India upon such legal matters, and to perform such other duties of a
legal character, as may from time to time be referred or assigned to
him by the President, and to discharge the functions conferred on him
by or under this Constitution or any other law for the time being in
force.
(3) In the performance of his duties the Attorney-General
shall have right of audience in all courts in the territory of
India.
(4) The Attorney-General shall hold office during the
pleasure of the President, and shall receive such remuneration as the
President may determine.
Article
77 Conduct of business of the Government of India
(1)
All executive action of the Government of India shall be expressed to
be taken in the name of the President.
(2) Orders and other
instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made
by the President, and the validity of an order or instrument which is
so authenticated shall not be called in question on the ground that
it is of an order or instrument which is so authenticated shall not
be called in question on the ground that it is not an order or
instrument made or executed by the President.
(3) The President
shall make rules for the more convenient transaction of the business
of the Government of India, and for the allocation among Ministers of
the said business.
Article
78 Duties of Prime Minister as respects the furnishing of information
to the President, etc.
It shall be the duty of the Prime
Minister -
(a) to communicate to the President all decisions of
the Council
of Ministers relating to the administration of the
affairs of the Union and proposals for legislation;
(b) to
furnish such information relating the administration of the affairs
of the Union on and proposals for legislation as the President may
call for; and
(c) if the President so requires, to submit for
the consideration of the Council of Ministers any matter on which a
decision has been taken by a Minister but which has not been
considered by the Council.
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 ration 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.
(3)
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 clause 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
82 Readjustment after each census
Upon the completion of
each census, the allocation of seats in the House of the People to
the States and the division of each state into territorial
constituencies shall be readjusted by such authority and in such
manner as Parliament may by law determine:
Provided
that such readjustment shall not affect representation in the House
of the People until the dissolution of the then existing
House:
Provided further that such readjustment shall take effect
from such date as the President may, by order, specify and until such
readjustment takes effect, any election to the House may be held on
the basis of the territorial constituencies existing before such
readjustment:
Provided also that until the relevant figures for
the first census taken after the year 2000 have been published, it
shall not be necessary to readjust the allocation of seats in the
House of the People to the States and the division of each State into
territorial constituencies under this article.
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
84 Qualification for membership of Parliament
A person shall
not be qualified to be chosen to fill a seat in Parliament unless he
-
(a) is a citizen of India, and makes and subscribes before
some person authorised in that behalf by the Election Commission an
oath or affirmation according to the form set out for the purpose in
the Third Schedule;
(b) is, in the case of a seat in the Council
of States, not less than thirty years of age and, in the case of a
seat in the House of the People, not less than twenty-five years of
age; and
(c) possesses such other qualifications as may be
prescribed in that behalf by or under any law made by Parliament.
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
88 Rights of Ministers and Attorney-General as respects Houses
Every
Minister and the Attorney-General of India shall have the right to
speak in, and otherwise to take part in the proceeding of, either
House, any joint sitting of the Houses, and any committee of
Parliament of which he may be named a member, but shall not by virtue
of this article be entitled to vote.
Article
89 The Chairman and Deputy Chairman of the Council of States
(1)
The Vice-President of India shall be ex-officio Chairman of the
Council of States.
(2) The Council of States shall, as soon as
may be, choose a member of the Council to be Deputy Chairman thereof
and, so often as the office of Deputy Chairman becomes vacant, the
Council shall choose another member to be Deputy Chairman thereof.
Article
90 Vacation and resignation of, and removal from, the office of
Deputy Chairman
A member holding office as Deputy Chairman
of the Council of States -
(a) shall vacate his office if he
ceases to be a member of the Council;
(b) may at any time, by
writing under his hand addressed to the Chairman, resign his office;
and
(c) may be removed from his office by a resolution of the
Council passed by a majority of all the then members of the
Council:
Provided that no resolution for the purpose of clause
(c) shall be moved unless at least fourteen days' notice has been
given of the intention to move the resolution.
Article
91 Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman
(1) While the
Office of Chairman is vacant, or during any period when the
Vice-President is acting as, or discharging the functions of,
President, the duties of the office shall be performed by the Deputy
Chairman, or, if the office of Deputy Chairman is also vacant, by
such member of the Council of States as the President may appoint for
the purpose.
(2) During the absence of the Chairman from any
sitting of the Council of States the Deputy Chairman, or, if he is
also absent, such person as may be determined by the rules of
procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as
Chairman.
Article
92 The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration
(1)
At any sitting of the Council of States, while any resolution for the
removal of the Vice-President from his office is under consideration,
the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not though he is present, preside, and the provisions of clause
(2) of article 91
shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Chairman, or as the case may be,
the Deputy Chairman, is absent.
(2) The Chairman shall have the
right to speak in, and otherwise to take part in the proceedings of,
the Council of States while any resolution for the removal of the
Vice-President from his office is under consideration in the Council,
but, notwithstanding anything in article 100
shall not be entitled to vote at all on such resolution or on any
other matter during such proceedings.
Article
93 The Speaker and Deputy Speaker of the House of the People
The
House of the People shall, as soon as may be, choose two members of
the House to be respectively Speaker and Deputy Speaker thereof and,
so often as the office of Speaker or Deputy Speaker becomes vacant,
the House shall choose another member to be Speaker or Deputy
Speaker, as the case may be.
Article
94 Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker
A member holding office as
Speaker or Deputy Speaker of the House of the People -
(a) shall
vacate his office if he ceases to be a member of the House of the
People;
(b) may at any time, by writing under his hand
addressed, if such member is the Speaker, to the Deputy Speaker, and
if such member is the Deputy Speaker, to the Speaker, resign his
office; and
(c) may be removed from his office by a resolution
of the House of the People passed by a majority of all the then
members of the House:
Provided that no resolution for the
purpose of clause (c) shall be moved unless at least fourteen days'
notice has been of the intention to move the resolution:
Provided
further that, whenever the House of the People is dissolved, the
Speaker shall not vacate his office until immediately before the
first meeting of the House of the People after the dissolution.
Article
95 Power of the Deputy Speaker or other person to perform the duties
of the office of, or to act as Speaker
(1) While the
office of Speaker is vacant, the duties of the office shall be
performed by the Deputy Speaker or, if the office of Deputy Speaker
is also vacant, by such member of the House of the People as the
President may appoint for the purpose.
(2) During the absence of
the Speaker from any sitting of the House of the People the Deputy
Speaker or, if he is also absent, such person as may be determined by
the rules of procedure of the House, or, if no such person is
present, such other person as may be determined by the House, shall
act as Speaker.
Article
96 The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration
(1)
At any sitting of the House of the People, while any resolution for
the removal of the Speaker from his office is under consideration,
the Speaker, or while any resolution for the removal of the Deputy
Speaker from his office is under consideration, the Deputy Speaker,
shall not, though he is present, preside, and the provisions of
clause (2) of article 95
shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker, or, as the case may be,
the Deputy Speaker, is absent. (2) The Speaker shall have the right
to speak in, and otherwise to take part in the proceedings of, the
House of the People while any resolution for his removal from office
is under consideration in the House and shall, notwithstanding
anything in article 100 ,
be entitled to vote only in the first instance on such resolution or
on any other matter during such proceedings but not in the case of an
equality of votes.
Article
97 Salaries and allowances of the Chairman and Deputy Chairman and
the Speaker and Deputy Speaker
There shall be paid to the
Chairman and the Deputy Chairman of the Council of States, and to the
Speaker and the Deputy Speaker of the House of the People, such
salaries and allowances as may be respectively fixed by Parliament by
law and, until provision in that behalf is so make, such salaries and
allowances as are specified in the Second Schedule.
Article
98 Secretariat of Parliament
(1) Each House of
Parliament shall have a separate secretarial staff:
Provided
that nothing in this clause shall be construed as preventing the
creation of posts common to both Houses of Parliament.
(2)
Parliament may by law regulate the recruitment and the conditions of
service of persons appointed, to the secretarial staff of either
House of Parliament.
(3) Until provision is made by Parliament
under clause (2), the President may, after consultation with the
Speaker of the House of the People or the Chairman of the Council of
States, as the case may be, make rules regulating the recruitment,
and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the Council of
States, and any rules so made shall have effect subject to the
provisions of any law made under the said clause.
Article
99 Oath or affirmation by members
Every member of either
House of Parliament shall, before taking his seat, 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.
Article
100 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 either House or
joint sitting of the Houses shall be determined by a majority of
votes of the members present and voting, other than the Speaker or
person acting as Chairman or Speaker.
The Chairman or Speaker,
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) Either House of Parliament shall have power to act
notwithstanding any vacancy in the membership thereof, and any
proceedings in Parliament 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 Parliament by law otherwise provides, the quorum to constitute
a meeting of either House of Parliament shall be one-tenth of the
total number of members of the House.
(4) If at any time during
a meeting of a House there is no quorum, it shall be the duty of the
Chairman or Speaker, or person acting as such, either to adjourn the
House or to suspend the meeting until there is a quorum.
Article
101 Vacation of seats
(1) No person shall be a member
of both Houses of Parliament and provision shall be made by
Parliament 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 both of Parliament and of a House of the
Legislature of a State, and if a person is chosen a member both of
Parliament and of a House of the Legislature of
a State, then,
at the expiration of such period as may be specified in rules made by
the President, that person's seat in Parliament shall become vacant,
unless he has previously resigned his seat in the Legislature of the
State.
(3) If a member of either House of Parliament -
(a)
becomes subject to any of the disqualifications mentioned in clause
(1) or clause (2) of article 102 ;
or
(b) resigns his seat by writing under his hand addressed to
the Chairman or the Speaker, as the case may be, and his resignation
is accepted by the Chairman or the Speaker, 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 Chairman or the Speaker, 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
either House of Parliament it 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.
Article
102 Disqualifications for membership
(1) A person
shall be disqualified for being chosen as, and for being, a member of
either House of Parliament -
(a) if he holds any office of
profit under the Government of India or the Government of any State,
other than an office declared by Parliament 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 acknowledgement 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 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 either House of
Parliament if he is so disqualified under the Tenth Schedule.
Article
103 Decision on questions as to disqualifications of members
(1)
If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications
mentioned in clause (1) of article 102 ,
the question shall be referred for the decision of the President and
his decision shall be final.
(2) Before giving any decision on
any such question, the President shall obtain the opinion of the
Election Commission and shall act according to such opinion.
Article
104 Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified
If
a person sits or votes as a member of either House of Parliament
before he has complied with the requirements of article 99 ,
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, 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 Union.
Article
105 Powers, Privileges, etc., of the Houses of Parliament 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 Parliament,
there shall be freedom
of speech in Parliament.
(2) No member of Parliament shall be
liable to any proceedings in any court in respect of anything said or
any vote given by him in Parliament or any committee thereof, and no
person shall be so liable in respect of the publication by or under
the authority of either House of Parliament of any report, paper,
votes or proceedings.
(3) In other respects, the powers,
privileges and immunities of each House of Parliament, and of the
members and the committees of each House, shall be such as may from
time to time be defined by Parliament 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 15 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
Parliament or any committee thereof as they apply in relation to
members of Parliament.
Article
106 Salaries and allowances of members
Members of either
House of Parliament shall be entitled to receive such salaries and
allowances a may from time to time be determined by Parliament by law
and, until provision in that respect is so made, 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 Constituent Assembly of the Dominion of India.
Article
107 Provisions as to introduction and passing of Bills
(1)
Subject to the provisions of articles 109
and 117
with respect to Money Bills and other financial Bills, a Bill may
originate in either House of Parliament.
(2) Subject to the
provisions of articles 108
and 109 ,
a Bill shall not be deemed to have been passed by the Houses of
Parliament 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 Parliament shall not lapse by
reason of the prorogation of the Houses.
(4) A Bill pending in
the Council of States which has not been passed by the House of the
People shall not lapse on a dissolution of the House of the
People.
(5) A Bill which is pending in the House of the People,
or which having been passed by the House of the People is pending in
the Council of States, shall subject to the provisions of article
108 ,
lapse on a dissolution of the House of the People.
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 sub-clause (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 therefrom:
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 therefrom.
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 expen-diture 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
113 Procedure in Parliament with respect to estimates (1) So much of
the estimates as relates to expenditure charged upon the Consolidated
Fund of India shall not be submitted to the vote of Parliament, but
nothing in this clause shall be construed as preventing the
discussion in either House of Parliament 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 House of the People, and the House of the
People shall have power to assent, or to refuse to assent, to any
demand, or to assent to any demand subject to a reduction the amount
specified therein.
(3) No demand for a grant shall be made
except on the recommendation of the President.
Article
114 Appropriation Bills
(1) As soon as may be after
the grants under article 113
have been made by the House of the People, there shall be introduced
a Bill to provide for the appropriation out of the Consolidated Fund
of India of all moneys required to meet -
(a) the grants so made
by the House of the People; and
(b) the expenditure charged on
the Consolidated Fund of India but not exceeding in any case the
amount shown in the statement previously laid before Parliament.
(2)
No amendments shall be proposed to any such Bill in either House of
Parliament 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 India,
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 115
and 116 ,
no money shall be withdrawn from the Consolidated Fund of India
except under appropriation made by law passed in accordance with the
provisions of this article.
Article
115 Supplementary, additional or excess grants
(1) The
President shall -
(a) if the amount authorised by any law made
in accordance with the provisions of article 114
to be expended for a particular service for the current financial
year is found to be insufficient for the purposes of that year 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 both the Houses of Parliament another statement
showing the estimated amount of that expenditure or cause to be
presented to the House of the People a demand for such excess, as the
case may be.
(2) The provisions of articles 112 ,
113
and 114
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 India 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 India to meet such expenditure or grant.
Article
116 Votes on account, votes of credit and exceptional grants
(1)
Notwithstanding anything in the foregoing provisions of this Chapter,
the House of the People 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 113
for the voting of such grant and the passing of the law in accordance
with the provisions of article 114
in relation to that expenditure;
(b) to make a grant for meeting
an unexpected demand upon the resources of India 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
Parliament shall have power to authorise by law the withdrawal of
moneys from the Consolidated Fund of India for the purposes for which
the said grants are made.
(2) The provisions of articles 113
and 114
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
Consolidate Fund of India to meet such expenditure.
Article
117 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 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.
Article
118 Rules of procedure
(1) Each House of Parliament
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 of the Dominion of India
shall have effect in relation to Parliament subject to such
modifications and adaptations as may be made therein by the Chairman
of the Council of States of the speaker of the House of the People,
as the case may be.
(3) The President, after consultation with
the Chairman of the Council of States and the Speaker of the House of
the People, may make rules as to the procedure with respect to joint
sittings of, and communications between, the two Houses.
(4) At
a joint sitting of the two Houses the Speaker of the House of People,
or in his absence such person as may be determined by rules of
procedure made under clause (3), shall preside.
Article
119 Regulation by law of procedure in Parliament in relation to
financial business
Parliament may, for the purpose of the
timely completion of financial business, regulate by law the
procedure of, and the conduct of business in, each House of
Parliament in relation to any financial matter or to any Bill for the
appropriation of moneys out of the Consolidated Fund of India, and,
if and so far as any provision of any law so made is inconsistent
with any rule made by a House of Parliament under clause (1) of
article 118
or with any rule or standing order having effect in relation to
Parliament under clause (2) of that article, such provision shall
prevail.
Article
120 Language to be used in Parliament
(1)
Notwithstanding anything in Part XVII, but subject to the provisions
of article 348
business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the
House of the People, or person acting as such, as the case may be,
may permit any member who cannot adequately express himself in Hindi
or in English to address the House in his mother-tongue.
(2)
Unless Parliament 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.
Article
121 Restriction on discussion in Parliament
No discussion
shall take place in Parliament with respect of the conduct of any
Judge of the Supreme Court or of a High Court in the discharge of his
duties except upon a motion for presenting an address to the
President praying for the removal of the Judge as herein after
provided.
Article
122 Courts not inquire into proceedings of Parliament
(1)
The validity of any proceedings in Parliament shall not be called in
question on the ground of any alleged irregularity of procedure.
(2)
No officer or member of Parliament in whom powers are vested by or
vested by or under this Constitution for regulating procedure or the
conduct of business, or for maintaining order,
in Parliament
shall be subject to the jurisdiction of any court in respect of the
exercise by him of those powers.
Chapter
III Legislative
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, of
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.
Chapter
IV The Union Judiciary
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 territory of India.
Article
125 Salaries, etc., of Judges
(1) There shall be paid
to the Judges of the Supreme 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 privileges and 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 privileges, allowances and rights as are
specified in the Second Schedule:
Provided that neither the
privileges not 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.
Article
126 Appointment of acting Chief Justice
When the office of
Chief Justice of India is vacant or when the 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.
Article
127 Appointment of ad hoc Judges
(1) If at any time
there should not be a quorum of the Judges of the Supreme Court
available to hold or continue any session of the Court, the Chief
Justice of India may, with the previous consent of the President and
after consultation with the Chief Justice of the High Court
concerned, request in writing the attendance at the sittings of the
Court, as an ad hoc Judge, for such period as may be necessary, of a
Judge of a High Court duly qualified for appointment as a Judge of
the Supreme Court to be designated by the Chief Justice of India.
(2)
It shall be the duty of the Judge who has been so designated, in
priority to other duties of his office to attend the sittings of the
Supreme Court at the time and for the period for which his attendance
is required, and while so attending he shall have all the
jurisdiction, powers and privileges, and shall discharge the duties,
of a Judge of the Supreme Court.
Article
128 Attendance of retired Judges at sittings of the Supreme
Court
Notwithstanding anything in this Chapter, the Chief
Justice of India may at any time, with the previous consent of the
President, request any person who as held the office of a Judge of
the Supreme Court or of the Federal Court or who has held the office
of a Judge of a High Court and is duly qualified for
appointment
as a Judge of the Supreme Court to sit and act as a Judge of the
Supreme Court, 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 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 Court unless he consents so to do.
Article
129 Supreme Court to be a court of record
The Supreme 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.
Article
130 Seat of Supreme Court
The Supreme Court shall sit in
Delhi or in such other place or places, as the Chief Justice of India
may, with the approval of the President, from time to time, appoint.
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.
Article
131A Executive jurisdiction of the Supreme Court in regard to
questions as to constitutional validity of Central laws
{...}
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) {...}
(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 room any judgement, 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 judgement, 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 judgement, 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
135 Jurisdiction and powers of the Federal Court under existing law
to be exercisable by the Supreme Court
Until Parliament by
law otherwise provides, the Supreme Court shall also have
jurisdiction and powers with respect to any matter to which the
provisions of article 133
or article 134
do not apply if jurisdiction and powers in relation to that matter
were exercisable by the Federal Court immediately before the
commencement of this Constitution under any existing law.
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 judgements 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
138 Enlargement of the jurisdiction of the Supreme Court
(1)
The Supreme Court shall have such further jurisdiction and powers
with respect to any of the matters in the Union List as Parliament
may by law confer.
(2) The Supreme Court shall have such further
jurisdiction and powers with respect to any matter as the Government
of India and the Government of any State may by special agreement
confer, if Parliament by law provides for the exercise of such
jurisdiction and powers by the Supreme Court.
Article
139 Conferment on the Supreme Court of powers to issue certain
writs
Parliament may by law confer on the Supreme Court
power to issue directions, orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, or any of them, for any purposes other than those
mentioned in clause (2) of article 32 .
Article
139A Transfer of certain cases
(1) Where cases
involving the same or substantially the same questions of law are
pending before the Supreme Court and one or more High Courts or
before two or more High Courts and the Supreme Court is satisfied on
its own motion or on an application made by the Attorney-General of
India or by a party to any such case that such questions are
substantial questions of general importance, the Supreme Court may
withdraw the case or cases pending before the High Court of the High
Courts and dispose of all the cases itself:
Provided that the
Supreme Court may after determining the said questions of law return
any case so withdrawn together with a copy of its judgment on such
questions to the High Court from which the case has been withdrawn,
and the High Court shall on receipt thereof, proceed to dispose of
the case in conformity with such judgment.
(2) The Supreme Court
may, if it deems it expedient so to do for the ends of justice,
transfer any case, appeal or other proceedings pending before any
High Court to any other High Court.
Article
140 Ancillary powers of Supreme Court
Parliament may by law
make provision for conferring upon the Supreme Court such
supplemental powers not inconsistent with any of the provisions of
this Constitution as may appear to be necessary or desirable for the
purpose of enabling the Court more effectively to exercise the
jurisdiction conferred upon it by or under this Constitution.
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
142 Enforcement of decrees and orders of Supreme Court and orders as
to discovery, etc.
(1) The Supreme Court in the
exercise of its jurisdiction may pass such decree or make such order
as is necessary for doing complete justice in any cause or matter
pending before it, and any decree so passed or order so made shall be
enforceable throughout the territory of India in such manner as may
be prescribed by or under any law made by Parliament and, until
provision in that behalf is so made, in such manner as the President
may by order prescribe.
(2) Subject to the provisions of any law
made in this behalf by Parliament, the Supreme Court shall, as
respects the whole of the territory of India, have all and every
power to make any order for the purpose of securing the attendance of
any person,
the discovery or production of any documents, or the
investigation or punishment of any contempt of itself.
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 things fit, report to the President its opinion thereon.
Article
144 Civil and judicial authorities to act in aid of the Supreme
Court
All authorities, civil and judicial, in the territory
of India shall act in aid of the Supreme Court.
Article
144A Special provisions as to disposal of questions relating to
constitutional validity of laws
{...}
Article
145 Rules of Court, etc.
(1) Subject to the provisions
of any law made by Parliament, the Supreme Court may from time to
time, with the approval of the President, make rules for regulating
generally the practice and procedure of the Court including -
(a)
rules as to the persons practising before the Court;
(b) rules
as to the procedure for hearing appeals and other matters pertaining
to appeals including the time within which appeals to the Court are
to be entered;
(c) rules as to the proceedings in the Court for
the enforcement of any of the rights conferred by Part III;
(cc)
rules as to the proceedings in the Court under article 139A ;
(d)
rules as to the entertainment of appeals under sub-clause (c) of
clause (1) of article 134 ;
(e)
rules as to the conditions subject to which any judgement pronounced
or order made by the Court may be reviewed and the procedure for such
review including the time within which applications to the Court or
such review are to be entered;
(f) rules as to the costs of and
incidental to any proceedings in the Court and as to the fees to be
charged in respect of proceedings therein;
(g) rules as to the
granting of bail;
(h) rules as to stay of proceedings;
(i)
rules providing for the summary determination of any appeal which
appears to the Court to be frivolous or vexations or brought for the
purpose of delay;
(j) rules as to the procedure for inquiries
referred to in clause (1) of article 317 .
(2)
Subject to the provisions of clause (3), rules made under this
article may fix the minimum number of Judges who are to sit for any
purpose, and may provide for the powers of single Judges and Division
Courts.
(3) The minimum number of Judges who are to sit for the
purpose of deciding any case involving a substantial question of law
as to the interpretation of this Constitution or for the purpose of
hearing any reference under article 143
shall be five: Provided that, where the Court hearing an appeal under
any of the provisions of this Chapter other than article 132
consists of less than five Judges and in the course of the hearing of
the appeal of the Court is satisfied that the appeal involves a
substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal
of the appeal, such Court shall refer the question for opinion to a
Court constituted as required by this clause for the purpose of
deciding any case involving such a question and shall on receipt of
the opinion dispose of the appeal in conformity with such
opinion.
(4) No judgement shall be delivered by the Supreme
Court save in open Court, and no report shall be made under article
143
save in accordance with an opinion also delivered in open Court.
(5)
No judgement and so such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present
at the hearing of the case, but nothing in this clause shall be
deemed to prevent a Judge who does not concur from delivering a
dissenting judgement or opinion.
Article
146 Officers and servants and the expenses of the Supreme Court
(1)
Appointments of officers and servants of the Supreme Court shall be
made by the Chief Justice of India or such other Judge or officer of
the Court as he may direct:
Provided that the President 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
Union Public Service Commission.
(2) Subject to the provisions
of any law made by Parliament, the conditions of service of officers
and servants of the Supreme Court shall be such as may be prescribed
by rules made by the Chief Justice of India or by some other Judge or
officer of the Court authorised by the Chief Justice of India 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 President.
(3) The
administrative expenses of the Supreme 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
India, and any fees or other moneys taken by the Court shall form
part of that Fund.
Article
147 Interpretation
In this Chapter and in Chapter V of Part
VI, references to any substantial question of law as to the
interpretation of this Constitution shall be construed as including
references to any substantial question of law as to the
interpretation of the Government of India Act, 1935 (including any
enactment amending or supplementing that Act), or of any Order in
Council or order made thereunder, or of the Indian Independence Act,
1947, or of any order made thereunder.
Chapter
V Comptroller and Auditor-General of India
Article
148 Comptroller and Auditor-General of India
(1) There
shall be a Comptroller and Auditor-General of India who shall be
appointed by the President by warrant under his hand and seal and
shall only be removed from office in like manner and on the like
grounds as a Judge of the Supreme Court.
(2) Every person
appointed to be the Comptroller and Auditor-General of India 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.
(3) The salary and other conditions of service
of the Comptroller and Auditor-General shall be such as may
be
determined by Parliament by law and, until they are so
determined, shall be as specified in the Second Schedule:
Provided
that neither the salary of a Comptroller and Auditor-General nor his
rights in respect of leave of absence, pension or age of retirement
shall be varied to his disadvantage after his appointment.
(4)
The Controller and Auditor-General shall not be eligible for further
office either under the Government of India or under the Government
of any State after he has ceased to hold his office.
(5) Subject
to the provisions of this Constitution and of any law made by
Parliament, the conditions of service of persons serving in the
Indian Audit and Accounts Department and the administrative powers of
the Comptroller and Auditor-General shall be such as may be
prescribed by rules made by the President after consultation with the
Comptroller and Auditor-General.
(6) The administrative expenses
of the office of the Comptroller and Auditor-General, including all
salaries, allowances and pensions payable to or in respect of persons
serving in that office, shall be charged upon the Consolidated Fund
of India.
Article
149 Duties and powers of the Comptroller and Auditor-General
The
Comptroller and Auditor-General shall perform such duties and
exercise such powers in relation to the accounts of the Union and of
the States and of any other authority or body as may be prescribed by
or under any law made by Parliament and, until provision in that
behalf is so made, shall perform such duties and exercise such powers
in relation to the accounts of the Union and of the States as were
conferred on or exercisable by the Auditor-General of India
immediately before the commencement of this Constitution in relation
to the accounts of the Dominion of India and of the Provinces
respectively.
Article
150 Form of accounts of the Union and of the States
The
accounts of the Union and of the States shall be kept in such form as
the President may, on the advice of the Comptroller and
Auditor-General of India, prescribe.
Article
151 Audit reports
(1) The reports of the Comptroller
and Auditor-General of India relating to the accounts of the Union
Shall be submitted to the President, who shall cause them to be laid
before each House of Parliament.
(2) The report of the
Comptroller and Auditor-General of India relating to the accounts of
a State shall be submitted to the Governor of the State, who shall
cause them to be laid before the Legislature of the State.
Article
152 Definition
In this Part, unless the context otherwise
required, the expression "State" does not include the State
of Jammu and Kashmir.
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