6Part VI
(A:152-237): The States
· Article 152 :
Definition
152. In this
Part, unless the context otherwise requires, the expression "State"
[does not include the State of Jammu and Kashmir]*.
--------------------
* Subs. by s. 29 and Sch., ibid., for "means a State specified in Part A
of the First Schedule"
· Article 153 :
Governors of States
153. There
shall be a Governor for each State:
[Provided that nothing in this article shall prevent the appointment of the
same person as Governor for two or more States.]*
--------------------
* Added by s. 6, ibid
· Article 154 :
Executive power of State
154. (1) The
executive power of the State shall be vested in the Governor and shall be
exercised by him either directly or through officers subordinate to him in
accordance with this Constitution.
(2) Nothing in this article shall-
(a) be deemed to transfer to the Governor any functions conferred by any
existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law
functions on any authority subordinate to the Governor.
· Article 155 :
Appointment of Governor
155. The
Governor of a State shall be appointed by the President by warrant under his
hand and seal.a
· Article 156 :
Term of office of Governor
156. (1) The
Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President,
resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold
office for a term of five years from the date on which he enters upon his
office:
Provided that a Governor shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
· Article 157 :
Qualifications for appointment as Governor
157. No person
shall be eligible for appointment as Governor unless he is a citizen of India
and has completed the age of thirty-five years.
· Article 158 :
Conditions of Governor’s office
158. (1) The
Governor shall not be a member of either House of Parliament or of a House of
the Legislature of any State specified in the First Schedule, and if a member
of either House of Parliament or of a House of the Legislature of any such
State be appointed Governor, he shall be deemed to have vacated his seat in
that House on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor 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.
[(3A) Where the same person is appointed as Governor of two or more States, the
emoluments and allowances payable to the Governor shall be allocated among the
States in such proportion as the President may by order determine.]*
(4) The emoluments and allowances of the Governor shall not be diminished
during his term of office.
--------------------
* Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 7
· Article 159 :
Oath or affirmation by the Governor
159. Every
Governor and every person discharging the functions of the Governor shall,
before entering upon his office, make and subscribe in the presence of the
Chief Justice of the High Court exercising jurisdiction in relation to the
State, or, in his absence, the seniormost Judge of that Court available, an
oath or affirmation in the following form, that is to say-
"I, A. B., do swear in the name of God that I will faithfully (or solemnly
affirm) execute the office of Governor (or discharge the functions of the
Governor) of .............(name of the State) 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
...........(name of the State)."
· Article 160 :
Discharge of the functions of the Governor in certain contingencies
160. The
President may make such provision as he thinks fit for the discharge of the
functions of the Governor of a State in any contingency not provided for in
this Chapter.
· Article 161 :
Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
161. The
Governor of a State shall have the power to grant pardons, reprieves, respites
or remissions of punishment or to suspend, remit or commute the sentence of any
person convicted of any offence against any law relating to a matter to which
the executive power of the State extends.
· Article 162 :
Extent of executive power of State
162. Subject to
the provisions of this Constitution, the executive power of a State shall
extend to the matters with respect to which the Legislature of the State has
power to make laws:
Provided that in any matter with respect to which the Legislature of a State
and Parliament have power to make laws, the executive power of the State shall
be subject to, and limited by, the executive power expressly conferred by this
Constitution or by any law made by Parliament upon the Union or authorities
thereof.
· Article 163 :
Council of Ministers to aid and advise Governor
163. (1) There
shall be a Council of Ministers with the Chief Minister at the head to aid and
advise the Governor in the exercise of his functions, except in so far as he is
by or under this Constitution required to exercise his functions or any of them
in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects
which the Governor is by or under this Constitution required to act in his
discretion, the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called in question
on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers
to the Governor shall not be inquired into in any court.
· Article 164 :
Other provisions as to Ministers
164. (1) The
Chief Minister shall be appointed by the Governor and the other Ministers shall
be appointed by the Governor on the advice of the Chief Minister, and the
Ministers shall hold office during the pleasure of the Governor:
Provided that in the States of [Chhattisgarh, Jharkhand]*, Madhya Pradesh and
Orissa, there shall be a Minister in charge of tribal welfare who may in
addition be in charge of the welfare of the Scheduled Castes and backward
classes or any other work.
[(1A) The total number of Ministers, including the Chief Minister, in the
Council of Ministers in a State shall not exceed fifteen per cent. of the total
number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State
shall not be less than twelve:
Provided further that where the total number of Ministers including the Chief
Minister in the Council of Ministers in any State at the commencement of the
Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per
cent. or the number specified in the first proviso, as the case may be, then
the total number of Ministers in that State shall be brought in conformity with
the provisions of this clause within six months from such date*** as the
President may by public notification appoint.
(1B) A member of the Legislative Assembly of a State or either House of the
Legislature of a State having Legislative Council 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 the Legislative Assembly of a
State or either House of the Legislature of a State having Legislative Council,
as the case may be, before the expiry of such period, till the date on which he
is declared elected, whichever is earlier.]**
(2) The Council of Ministers shall be collectively responsible to the
Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall administer to
him the oaths of office and of secrecy according to the forms set out for the
purpose in the Third Schedule.
(4) A Minister who for any period of six consecutive months is not a member of
the Legislature of the State shall at the expiration of that period cease to be
a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature
of the State may from time to time by law determine and, until the Legislature
of the State so determines, shall be as specified in the Second Schedule.
--------------------
* Subs. by the Constitution (Ninety-fourth Amendment) Act, 2006, s. 2, for
"Bihar"
** Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 3
*** 7-1-2004, vide S.O. 21(E), dated 7-1-2004
· Article 165 :
Advocate-General for the State
165. (1) The
Governor of each State shall appoint a person who is qualified to be appointed
a Judge of a High Court to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the
Government of the State 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 Governor, and to discharge the functions conferred on him by or
under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor,
and shall receive such remuneration as the Governor may determine.
· Article 166 :
Conduct of business of the Government of a State
166. (1) All executive
action of the Government of a State shall be expressed to be taken in the name
of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor
shall be authenticated in such manner as may be specified in rules to be made
by the Governor, and the validity 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 Governor.
(3) The Governor shall make rules for the more convenient transaction of the
business of the Government of the State, and for the allocation among Ministers
of the said business in so far as it is not business with respect to which the
Governor is by or under this Constitution required to act in his discretion.
(4)*
--------------------
* Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s.
28 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 23 (w.e.f. 20-6-1979)a
· Article 167 :
Duties of Chief Minister as respects the furnishing of information to Governor,
etc.
167. It shall
be the duty of the Chief Minister of each State-
(a) to communicate to the Governor of the State all decisions of the Council of
Ministers relating to the administration of the affairs of the State and
proposals for legislation;
(b) to furnish such information relating to the administration of the affairs
of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor 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.a
· Article 168 :
Constitution of Legislatures in States
168. (1) For
every State there shall be a Legislature which shall consist of the Governor,
and-
(a) in the States of [Andhra Pradesh,]* Bihar, ** [Madhya Pradesh]***, ****
[Maharashtra]#, [Karnataka]##,[Tamil Nadu]#####, [Telangana] ######, ### [and
Uttar 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.
--------------------
* Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3
(w.e.f. 30-3-2007)
** The word "Bombay" omitted by the Bombay Reorganisation Act, 1960
(11 of 1960), s. 20 (w.e.f. 1-5-1960)
*** No date has been appointed under s. 8(2) of the Constitution (Seventh
Amendment) Act, 1956, for the insertion of the words "Madhya Pradesh"
in this sub-clause
**** The words "Tamil Nadu," omitted by Tamil Nadu Legislative
Council (Abolition) Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986)
# Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f.
1-5-1960)
## Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4,
for "Mysore" (w.e.f 1-11-1973), which was inserted by the
Constitution (Seventh Amendment) Act, 1956, s. 8(1)
### The word "Punjab," omitted by the Punjab Legislative Council
(Abolition) Act, 1969 (46 of 1969), s. 4 (w.e.f. 7-1-1970)
#### Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of
1969), s. 4, for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969)
##### Ins. by Act 16 of 2010, s. 3 (Date yet to be notified).
###### Subs. by Andhra Pradesh Reorganisation Act, 2014, s. 97 (w.e.f.
2-6-2014)
· Article 169 :
Abolition or creation of Legislative Councils in States
169. (1)
Notwithstanding anything in article 168, Parliament may by law provide for the
abolition of the Legislative Council of a State having such a Council or for
the creation of such a Council in a State having no such Council, if the Legislative
Assembly of the State passes a resolution to that effect by a majority of the
total membership of the Assembly and by a majority of not less than two-thirds
of the members of the Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such provisions for the
amendment of this Constitution as may be necessary to give effect to the
provisions of the law and may also contain such supplemental, incidental and
consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.
· Article 170 :
Composition of the Legislative Assemblies
*[170. (1)
Subject to the provisions of article 333, the Legislative Assembly of each
State shall consist of not more than five hundred, and not less than sixty,
members chosen by direct election from territorial constituencies in the State.
(2) For the purposes of clause (1), 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 shall, so far as
practicable, be the same throughout the State.
[Explanation.—In this clause, 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 [2026]*** have been published, be
construed as a reference to the [2001]**** census.]**
(3) Upon the completion of each census, the total number of seats in the
Legislative Assembly of each State 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
Legislative Assembly until the dissolution of the then existing Assembly:]*
[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 Legislative Assembly 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 [2026]*** have been published, it shall not be necessary to [readjust-
(i) the total number of seats in the Legislative Assembly of each State as
readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be
readjusted on the basis of the [2001]**** census, under this clause.]#
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170
** Subs. by the Constitution (Forty-second Amendment) Act, 1976 , s. 29, for
the Explanation (w.e.f. 3-1-1977)
*** Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for
"2000" and "1971" respectively
**** Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for
"1991"
***** Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29
(w.e.f. 3-1-1977)
# Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for
certain words
· Article 171 :
Composition of the Legislative Councils
171. (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.
(2) Until Parliament by law otherwise provides, the composition of the
Legislative Council of a State shall be as provided in clause (3).
(3) Of the total number of members of the Legislative Council of a State-
(a) as nearly as may be, one-third shall be elected by electorates consisting
of members of municipalities, district boards and such other local authorities
in the State as Parliament may by law specify;
(b) as nearly as may be, one-twelfth shall be elected by electorates consisting
of persons residing in the State who have been for at least three years graduates
of any university in the territory of India or have been for at least three
years in possession of qualifications prescribed by or under any law made by
Parliament as equivalent to that of a graduate of any such university;
(c) as nearly as may be, one-twelfth shall be elected by electorates consisting
of persons who have been for at least three years engaged in teaching in such
educational institutions within the State, not lower in standard than that of a
secondary school, as may be prescribed by or under any law made byParliament;
(d) as nearly as may be, one-third shall be elected by the members of the
Legislative Assembly of the State from amongst persons who are not members of
the Assembly;
(e) the remainder shall be nominated by the Governor in accordance with the
provisions of clause (5).
(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3)
shall be chosen in such territorial constituencies as may be prescribed by or
under any law made by Parliament, and the elections under the said sub-clauses
and under sub-clause (d) of the said clause shall be held in accordance with
the system of proportional representation by means of the single transferable
vote.
(5) The members to be nominated by the Governor under sub-clause (e) of clause
(3) shall consist of persons having special knowledge or practical experience
in respect of such matters as the following, namely:-
Literature, science, art, co-operative movement and social service.
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for
"one-fourth"
· Article 172 :
Duration of State Legislatures
172. (1) Every
Legislative Assembly of every State, 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 [five years]* shall operate as a
dissolution of the Assembly:
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.
(2) The Legislative Council of a State 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.
--------------------
* Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 24, for
"six years" (w.e.f. 6-9-1979). The words "six years" were
subs. for the original words "five years" by the Constitution
(Forty-second Amendment) Act, 1976, s. 30 (w.e.f. 3-1-1977)
· Article 173 :
Qualification for membership of the State Legislature
173. A person
shall not be qualified to be chosen to fill a seat in the Legislature of a
State 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 Legislative Assembly, not less than
twenty-five years of age and, in the case of a seat in the Legislative Council,
not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by
or under any law made by Parliament.
--------------------
* Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. (a)
· Article 174 :
Sessions of the State Legislature, prorogation and dissolution
[174. (1) The
Governor shall from time to time summon the House or each House of the
Legislature of the State to meet at such time and place as he thinks fit, but
six months shall not intervene between its last sitting in one session and the
date appointed for its first sitting in the next session.
(2) The Governor may from time to time-
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.]*
--------------------
* Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art. 174
· Article 175 :
Right of Governor to address and send messages to the House or Houses
175. (1) The
Governor may address the Legislative Assembly or, in the case of a State having
a Legislative Council, either House of the Legislature of the State, or both
Houses assembled together, and may for that purpose require the attendance of
members.
(2) The Governor may send messages to the House or Houses of the Legislature of
the State, whether with respect to a Bill then pending in the Legislature 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.a
· Article 176 :
Special address by the Governor
176. (1) At the
commencement of [the first session after each general election to the
Legislative Assembly and at the commencement of the first session of each
year]*, the Governor shall address the Legislative Assembly or, in the case of
a State having a Legislative Council, both Houses assembled together and inform
the Legislature of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the House
or either House for the allotment of time for discussion of the matters
referred to in such address **.
--------------------
* Subs. by s. 9, ibid. for "every session"
** The words "and for the precedence of such discussion over other
business of the House" omitted by s. 9, ibid
· Article 177 :
Rights of Ministers and Advocate-General as respects the Houses
177. Every
Minister and the Advocate-General for a State shall have the right to speak in,
and otherwise to take part in the proceedings of, the Legislative Assembly of
the State or, in the case of a State having a Legislative Council, both Houses,
and to speak in, and otherwise to take part in the proceedings of, any
committee of the Legislature of which he may be named a member, but shall not,
by virtue of this article, be entitled to vote.
· Article 178 :
The Speaker and Deputy Speaker of the Legislative Assembly
178. Every
Legislative Assembly of a State shall, as soon as may be, choose two members of
the Assembly to be respectively Speaker and Deputy Speaker thereof and, so
often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly
shall choose another member to be Speaker or Deputy Speaker, as the case may
be.
· Article 179 :
Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker
179. A member holding
office as Speaker or Deputy Speaker of an Assembly-
(a) shall vacate his office if he ceases to be a member of the Assembly;
(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 Assembly passed by a
majority of all the then members of the Assembly:
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:
Provided further that, whenever the Assembly is dissolved, the Speaker shall
not vacate his office until immediately before the first meeting of the
Assembly after the dissolution.
· Article 180 :
Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as, Speaker
180. (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 Assembly as the Governor may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the Assembly the
Deputy Speaker or, if he is also absent, such person as may be determined by
the rules of procedure of the Assembly, or, if no such person is present, such
other person as may be determined by the Assembly, shall act as Speaker.
· Article 181 :
The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration
181. (1) At any
sitting of the Legislative Assembly, 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 180 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 Legislative Assembly while any resolution for his removal
from office is under consideration in the Assembly and shall, notwithstanding
anything in article 189, 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.a
· Article 182 :
The Chairman and Deputy Chairman of the Legislative Council
182. The
Legislative Council of every State having such Council shall, as soon as may
be, choose two members of the Council to be respectively Chairman and Deputy
Chairman thereof and, so often as the office of Chairman or Deputy Chairman
becomes vacant, the Council shall choose another member to be Chairman or
Deputy Chairman, as the case may be.
· Article 183 :
Vacation and resignation of, and removal from, the offices of Chairman and
Deputy Chairman
183. A member
holding office as Chairman or Deputy Chairman of a Legislative Council-
(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, if such member is the
Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, 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 184 :
Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman
184. (1) While
the office of Chairman is vacant, 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 as the Governor may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council 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 he Council, shall act as Chairman.a
· Article 185 :
The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
185. (1) At any
sitting of the Legislative Council, while any resolution for the removal of the
Chairman 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 184 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 Legislative Council while any resolution for his
removal from office is under consideration in the Council and shall,
notwithstanding anything in article 189, 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 186 :
Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and
Deputy Chairman
186. There
shall be paid to the Speaker and the Deputy Speaker of the Legislative
Assembly, and to the Chairman and the Deputy Chairman of the Legislative
Council, such salaries and allowances as may be respectively fixed by the
Legislature of the State by law and, until provision in that behalf is so made,
such salaries and allowances as are specified in the Second Schedule.
· Article 187 :
Secretariat of State Legislature
187. (1) The
House or each House of the Legislature of a State shall have a separate
secretarial staff:
Provided that nothing in this clause shall, in the case of the Legislature of a
State having a Legislative Council, be construed as preventing the creation of
posts common to both Houses of such Legislature.
(2) The Legislature of a State may by law regulate the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of the
House or Houses of the Legislature of the State.
(3) Until provision is made by the Legislature of the State under clause (2),
the Governor may, after consultation with the Speaker of the Legislative
Assembly or the Chairman of the Legislative Council, as the case may be, make
rules regulating the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of the Assembly or the Council, and any
rules so made shall have effect subject to the provisions of any law made under
the said clause.
· Article 188 :
Oath or affirmation by members
188. Every
member of the Legislative Assembly or the Legislative Council of a State shall,
before taking his seat, make and subscribe before the Governor, or some person
appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule.
· Article 189 :
Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
189. (1) Save
as otherwise provided in this Constitution, all questions at any sitting of a
House of the Legislature of a State shall be determined by a majority of votes
of the members present and voting, other than the Speaker or Chairman, or
person acting as such.
The Speaker or Chairman, or person acting as such, shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an equality
of votes.
(2) A House of the Legislature of a State shall have power to act
notwithstanding any vacancy in the membership thereof, and any proceedings in
the Legislature of a State shall be valid notwithstanding that it is discovered
subsequently that some person who was not entitled so to do sat or voted or
otherwise took part in the proceedings.
(3) Until the Legislature of the State by law otherwise provides, the quorum to
constitute a meeting of a House of the Legislature of a State shall be ten
members or one-tenth of the total number of members of the House, whichever is
greater.
(4) If at any time during a meeting of the Legislative Assembly or the
Legislative Council of a State there is no quorum, it shall be the duty of the
Speaker or Chairman, or person acting as such, either to adjourn the House or
to suspend the meeting until there is a quorum.
· Article 190 :
Vacation of seats
190. (1) No
person shall be a member of both Houses of the Legislature of a State and
provision shall be made by the Legislature of the State by law for the vacation
by a person who is chosen a member of both Houses of his seat in one house or
the other.
(2) No person shall be a member of the Legislatures of two or more States
specified in the First Schedule and if a person is chosen a member of the
Legislatures of two or more such States, then, at the expiration of such period
as may be specified in rules* made by the President, that person's seat in the
Legislatures of all such States shall become vacant, unless he has previously
resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State-
(a) becomes subject to any of the disqualifications mentioned in [clause (1) or
clause (2) of article 191]**;
[(b) resigns his seat by writing under his hand addressed to the speaker or the
Chairman, as the case may be, and his resignation is accepted by the Speaker or
the Chairman, as the case may be,]***
his seat shall thereupon become vacant:
[Provided that in the case of any resignation referred to in sub-clause (b), if
from information received or otherwise and after making such inquiry as he
thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept such
resignation.]****
(4) If for a period of sixty days a member of a House of the Legislature of a
State is without permission of the House absent from all meetings thereof, the
House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be
taken of any period during which the House is prorogued or is adjourned for
more than four consecutive days.
--------------------
* See the Prohibition of Simultaneous Membership Rules, 1950 published with the
Ministry of Law Notification No. F. 46/50-C, dated the 26th January, 1950,
Gazette of India, Extraordinary, p. 678.
** Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for
"clause (1) of article 191" (w.e.f. 1-3-1985)
*** Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3, for
sub-clause (b)
**** Ins. by s. 3, ibid
· Article 191 :
Disqualifications for membership
191. (1) A
person shall be disqualified for being chosen as, and for being, a member of
the Legislative Assembly or Legislative Council of a State-
(a) if he holds any office of profit under the Government of India or the
Government of any State specified in the First Schedule, other than an office
declared by the Legislature of the State by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgment of allegiance or
adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
[Explanation:- For the purposes of this clause]*, a person shall not be deemed
to hold an office of profit under the Government of India or the Government of
any State specified in the First Schedule by reason only that he is a Minister
either for the Union or for such State.
[(2) A person shall be disqualified for being a member of the Legislative
Assembly or Legislative Council of a State if he is so disqualified under the
Tenth Schedule.]**
--------------------
* Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for
"(2) For the purposes of this article" (w.e.f. 1-3-1985)
** Ins. by s. 5, ibid. (w.e.f. 1-3-1985)
· Article 192 :
Decision on questions as to disqualifications of members
[192. (1) If
any question arises as to whether a member of a House of the Legislature of a
State has become subject to any of the disqualifications mentioned in clause
(1) of article 191, the question shall be referred for the decision of the
Governor and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall obtain
the opinion of the Election Commission and shall act according to such
opinion.]*
--------------------
* Art. 192 has been successively subs. by the Constitution (Forty-second
Amendment) Act, 1976, s. 33 (w.e.f. 3-1-1977) and the Constitution
(Forty-fourth Amendment) Act, 1978, s. 25 to read as above (w.e.f. 20-6-1979)
· Article 193 :
Penalty for sitting and voting before making oath or affirmation under article
188 or when not qualified or when disqualified
193. If a
person sits or votes as a member of the Legislative Assembly or the Legislative
Council of a State before he has complied with the requirements of article 188,
or when he knows that he is not qualified or that he is disqualified for
membership thereof, or that he is prohibited from so doing by the provisions of
any law made by Parliament or the Legislature of the State, he shall be liable
in respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as a debt due to the State.
· Article 194 :
Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof
194. (1)
Subject to the provisions of this Constitution and to the rules and standing
orders regulating the procedure of the Legislature, there shall be freedom of
speech in the Legislature of every State.
(2) No member of the Legislature of a State shall be liable to any proceedings
in any court in respect of anything said or any vote given by him in the
Legislature or any committee thereof, and no person shall be so liable in
respect of the publication by or under the authority of a House of such a
Legislature of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of a House of the
Legislature of a State, and of the members and the committees of a House of
such Legislature, shall be such as may from time to time be defined by the
Legislature by law, and, until so defined, [shall be those of that House and of
its members and committees immediately before the coming into force of section
26 of the Constitution (Forty-fourth Amendment) Act, 1978]*.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of the Legislature of a
State or any committee thereof as they apply in relation to members of that
Legislature.
--------------------
* Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for
certain words (w.e.f. 20-6-1979)
· Article 195 :
Salaries and allowances of members
195. Members of
the Legislative Assembly and the Legislative Council of a State shall be
entitled to receive such salaries and allowances as may from time to time be
determined, by the Legislature of the State by law and, until provision in that
respect is so made, salaries and allowances at such rates and upon such
conditions as were immediately before the commencement of this Constitution
applicable in the case of members of the Legislative Assembly of the
corresponding Province.
· Article 196 :
Provisions as to introduction and passing of Bills
196. (1)
Subject to the provisions of articles 198 and 207 with respect to Money Bills
and other financial Bills, a Bill may originate in either House of the
Legislature of a State which has a Legislative Council.
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be
deemed to have been passed by the Houses of the Legislature of a State having a
Legislative Council unless it has been agreed to by both Houses, either without
amendment or with such amendments only as are agreed to by both Houses.
(3) A Bill pending in the Legislature of a State shall not lapse by reason of
the prorogation of the House or Houses thereof.
(4) A Bill pending in the Legislative Council of a State which has not been
passed by the Legislative Assembly shall not lapse on a dissolution of the
Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or which
having been passed by the Legislative Assembly is pending in the Legislative
Council, shall lapse on a dissolution of the Assembly.
· Article 197 :
Restriction on powers of Legislative Council as to Bills other than Money Bills
197. (1) If
after a Bill has been passed by the Legislative Assembly of a State having a
Legislative Council and transmitted to the Legislative Council-
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is laid
before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative
Assembly does not agree;
the Legislative Assembly may, subject to the rules regulating its procedure,
pass the Bill again in the same or in any subsequent session with or without
such amendments, if any, as have been made, suggested or agreed to by the
Legislative Council and then transmit the Bill as so passed to the Legislative
Council.
(2) If after a Bill has been so passed for the second time by the Legislative
Assembly and transmitted to the Legislative Council-
(a) the Bill is rejected by the Council; or
(b) more than one month elapses from the date on which the Bill is laid before
the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the Legislative
Assembly does not agree;
the Bill shall be deemed to have been passed by the Houses of the Legislature
of the State in the form in which it was passed by the Legislative Assembly for
the second time with such amendments, if any, as have been made or suggested by
the Legislative Council and agreed to by the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill.
· Article 198 :
Special procedure in respect of Money Bills
198. (1) A
Money Bill shall not be introduced in a Legislative Council.
(2) After a Money Bill has been passed by the Legislative Assembly of a State
having a Legislative Council, it shall be transmitted to the Legislative
Council for its recommendations, and the Legislative Council shall within a
period of fourteen days from the date of its receipt of the Bill return the
Bill to the Legislative Assembly with its recommendations, and the Legislative
Assembly may thereupon either accept or reject all or any of the
recommendations of the Legislative Council.
(3) If the Legislative Assembly accepts any of the recommendations of the
Legislative Council, the Money Bill shall be deemed to have been passed by both
Houses with the amendments recommended by the Legislative Council and accepted
by the Legislative Assembly.
(4) If the Legislative Assembly does not accept any of the recommendations of
the Legislative Council, the Money Bill shall be deemed to have been passed by
both Houses in the form in which it was passed by the Legislative Assembly
without any of the amendments recommended by the Legislative Council.
(5) If a Money Bill passed by the Legislative Assembly and transmitted to the
Legislative Council for its recommendations is not returned to the Legislative
Assembly within the said period of fourteen days, it shall be deemed to have
been passed by both Houses at the expiration of the said period in the form in
which it was passed by the Legislative Assembly.
· Article 199 :
Definition of “Money Bills”
199. (1) For
the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following matters,
namely:-
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by
the State, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund of the State,
the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of the State;
(e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of the State, or the increasing of the amount of any such
expenditure;
(f) the receipt of money on account of the Consolidated Fund of the State or
the public account of the State or the custody or issue of such money; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to
(f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or for the
demand or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill introduced in the Legislature of a
State which has a Legislative Council is a Money Bill or not, the decision of
the Speaker of the Legislative Assembly of such State thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the
Legislative Council under article 198, and when it is presented to the Governor
for assent under article 200, the certificate of the Speaker of the Legislative
Assembly signed by him that it is a Money Bill.
· Article 200 :
Assent to Bills
200. When a
Bill has been passed by the Legislative Assembly of a State or, in the case of
a State having a Legislative Council, has been passed by both Houses of the
Legislature of the State, it shall be presented to the Governor and the
Governor shall declare either that he assents to the Bill or that he withholds
assent therefrom or that he reserves the Bill for the consideration of the
President:
Provided that the Governor may, as soon as possible after the presentation to
him of the Bill for assent, return the Bill if it is not a Money Bill together
with a message requesting that the House or Houses will reconsider the Bill or
any specified provisions thereof and, in particular, will consider the
desirability of introducing any such amendments as he may recommend in his
message and, when a Bill is so returned, the House or Houses shall reconsider
the Bill accordingly, and if the Bill is passed again by the House or Houses
with or without amendment and presented to the Governor for assent, the
Governor shall not withhold assent therefrom:
Provided further that the Governor shall not assent to, but shall reserve for
the consideration of the President, any Bill which in the opinion of the
Governor would, if it became law, so derogate from the powers of the High Court
as to endanger the position which that Court is by this Constitution designed
to fill.
· Article 201 :
Bills reserved for consideration
201. When a
Bill is reserved by a Governor for the consideration of the President, the
President shall declare either that he assents to the Bill or that he withholds
assent therefrom:
Provided that, where the Bill is not a Money Bill, the President may direct the
Governor to return the Bill to the House or, as the case may be, the Houses of
the Legislature of the State together with such a message as is mentioned in
the first proviso to article 200 and, when a Bill is so returned, the House or
Houses shall reconsider it accordingly within a period of six months from the
date of receipt of such message and, if it is again passed by the House or
Houses with or without amendment, it shall be presented again to the President
for his consideration.
· Article 202 :
Annual financial statement
202. (1) The
Governor shall in respect of every financial year cause to be laid before the
House or Houses of the Legislature of the State a statement of the estimated
receipts and expenditure of the State for that year, in this Part referred to
as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement
shall show separately-
(a) the sums required to meet expenditure described by this Constitution as
expenditure charged upon the Consolidated Fund of the State; and
(b) the sums required to meet other expenditure proposed to be made from the
Consolidated Fund of the State;
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated
Fund of each State-
(a) the emoluments and allowances of the Governor and other expenditure
relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy Speaker of the
Legislative Assembly and, in the case of a State having a Legislative Council,
also of the Chairman and the Deputy Chairman of the Legislative Council;
(c) debt charges for which the State is liable including interest, sinking fund
charges and redemption charges, and other expenditure relating to the raising
of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of any High
Court;
(e) any sums required to satisfy any judgment, decree or award of any court or
arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature
of the State by law, to be so charged.
· Article 203 :
Procedure in Legislature with respect to estimates
203. (1) So
much of the estimates as relates to expenditure charged upon the Consolidated
Fund of a State shall not be submitted to the vote of the Legislative Assembly,
but nothing in this clause shall be construed as preventing the discussion in
the Legislature of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the Legislative Assembly, and
the Legislative Assembly shall have power to assent, or to refuse to assent, to
any demand, or to assent to any demand subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made except on the recommendation of the
Governor.
· Article 204 :
Appropriation Bills
204. (1) As
soon as may be after the grants under article 203 have been made by the
Assembly, there shall be introduced a Bill to provide for the appropriation out
of the Consolidated Fund of the State of all moneys required to meet-
(a) the grants so made by the Assembly; and
(b) the expenditure charged on the Consolidated Fund of the State but not
exceeding in any case the amount shown in the statement previously laid before
the House or Houses.
(2) No amendment shall be proposed to any such Bill in the House or either
House of the Legislature of the State which will have the effect of varying the
amount or altering the destination of any grant so made or of varying the
amount of any expenditure charged on the Consolidated Fund of the State, and
the decision of the person presiding as to whether an amendment is inadmissible
under this clause shall be final.
(3) Subject to the provisions of articles 205 and 206, no money shall be
withdrawn from the Consolidated Fund of the State except under appropriation
made by law passed in accordance with the provisions of this article.
· Article 205 :
Supplementary, additional or excess grants
205. (1) The
Governor shall-
(a) if the amount authorised by any law made in accordance with the provisions
of article 204 to be expended for a particular service for the current
financial year is found to be insufficient for the purposes of that year or
when a need has arisen during the current financial year for supplementary or
additional expenditure upon some new service not contemplated in the annual
financial statement for that year, or
(b) if any money has been spent on any service during a financial year in
excess of the amount granted for that service and for that year, cause to be
laid before the House or the Houses of the Legislature of the State another
statement showing the estimated amount of that expenditure or cause to be
presented to the Legislative Assembly of the State a demand for such excess, as
the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation
to any such statement and expenditure or demand and also to any law to be made
authorising the appropriation of moneys out of the Consolidated Fund of the
State to meet such expenditure or the grant in respect of such demand as they
have effect in relation to the annual financial statement and the expenditure
mentioned therein or to a demand for a grant and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund of the State
to meet such expenditure or grant.
· Article 206 :
Votes on account, votes of credit and exceptional grants
206. (1)
Notwithstanding anything in the foregoing provisions of this Chapter, the
Legislative Assembly of a State shall have power-
(a) to make any grant in advance in respect of the estimated expenditure for a
part of any financial year pending the completion of the procedure prescribed
in article 203 for the voting of such grant and the passing of the law in
accordance with the provisions of article 204 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of the
State when on account of the magnitude or the indefinite character of the
service the demand cannot be stated with the details ordinarily given in an
annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of
any financial year;
and the Legislature of the State shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund of the State for the purposes
for which the said grants are made.
(2) The provisions of articles 203 and 204 shall have effect in relation to the
making of any grant under clause (1) and to any law to be made under that
clause as they have effect in relation to the making of a grant with regard to
any expenditure mentioned in the annual financial statement and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated
Fund of the State to meet such expenditure.
· Article 207 :
Special provisions as to financial Bills
207. (1) A Bill
or amendment making provision for any of the matters specified in sub-clauses
(a) to (f) of clause (1) of article 199 shall not be introduced or moved except
on the recommendation of the Governor, and a Bill making such provision shall
not be introduced in a Legislative Council:
Provided that no recommendation shall be required under this clause for the
moving of an amendment making provision for the reduction or abolition of any
tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the
matters aforesaid by reason only that it provides for the imposition of fines
or other pecuniary penalties, or for the demand or payment of fees for licences
or fees for services rendered, or by reason that it provides for the
imposition, abolition, remission, alteration or regulation of any tax by any
local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve
expenditure from the Consolidated Fund of a State shall not be passed by a
House of the Legislature of the State unless the Governor has recommended to
that House the consideration of the Bill.
· Article 208 :
Rules of procedure
208. (1) A
House of the Legislature of a State may make rules for regulating, subject to
the provisions of this Constitution, its procedure and the conduct of its
business.
(2) Until rules are made under clause (1), the rules of procedure and standing
orders in force immediately before the commencement of this Constitution with
respect to the Legislature for the corresponding Province shall have effect in
relation to the Legislature of the State subject to such modifications and
adaptations as may be made therein by the Speaker of the Legislative Assembly,
or the Chairman of the Legislative Council, as the case may be.
(3) In a State having a Legislative Council the Governor, after consultation
with the Speaker of the Legislative Assembly and the Chairman of the
Legislative Council, may make rules as to the procedure with respect to
communications between the two Houses.
· Article 209 :
Regulation by law of procedure in the Legislature of the State in relation to
financial business
209. The
Legislature of a State may, for the purpose of the timely completion of
financial business, regulate by law the procedure of, and the conduct of
business in, the House or Houses of the Legislature of the State in relation to
any financial matter or to any Bill for the appropriation of moneys out of the
Consolidated Fund of the State, and, if and so far as any provision of any law
so made is inconsistent with any rule made by the House or either House of the
Legislature of the State under clause (1) of article 208 or with any rule or
standing order having effect in relation to the Legislature of the State under
clause (2) of that article, such provision shall prevail.
· Article 210 :
Language to be used in the Legislature
210. (1)
Notwithstanding anything in Part XVII, but subject to the provisions of article
348, business in the Legislature of a State shall be transacted in the official
language or languages of the State or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or Chairman of the
Legislative Council, or person acting as such, as the case may be, may permit
any member who cannot adequately express himself in any of the languages
aforesaid to address the House in his mother-tongue.
(2) Unless the Legislature of the State by law otherwise provides, this article
shall, after the expiration of a period of fifteen years from the commencement
of this Constitution, have effect as if the words "or in English"
were omitted therefrom:
[Provided that in relation to the [Legislatures of the States of Himachal
Pradesh, Manipur, Meghalaya and Tripura]** this clause shall have effect as if
for the words "fifteen years" occurring therein, the words
"twenty-five years" were substituted:]*
[Provided further that in relation to the [Legislatures of the States of
[Arunachal Pradesh, Goa and Mizoram]*****]****, this clause shall have effect
as if for the words "fifteen years" occurring therein, the words
"forty years" were substituted.]***
--------------------
* Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f.
25-1-1971)
** Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s.
71, for "Legislature of the State of Himachal Pradesh" (w.e.f.
21-1-1972)
*** Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987)
**** Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for
"Legislature of the State of Mizoram" (w.e.f. 20-2-1987)
***** Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s.
63, for "Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987)
· Article 211 :
Restriction on discussion in the Legislature
211. No
discussion shall take place in the Legislature of a State with respect to the
conduct of any Judge of the Supreme Court or of a High Court in the discharge
of his duties.
· Article 212 :
Courts not to inquire into proceedings of the Legislature
212. (1) The
validity of any proceedings in the Legislature of a State shall not be called
in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are
vested by or under this Constitution for regulating procedure or the conduct of
business, or for maintaining order, in the Legislature shall be subject to the
jurisdiction of any court in respect of the exercise by him of those powers.
· Article 213 :
Power of Governor to promulgate Ordinances during recess of Legislature.
213. (1) If at
any time, except when the Legislative Assembly of a State is in session, or
where there is a Legislative Council in a State, except when both Houses of the
Legislature are in session, the Governor is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate
such Ordinances as the circumstances appear to him to require:
Provided that the Governor shall not, without instructions from the President,
promulgate any such Ordinance if-
(a) a Bill containing the same provisions would under this Constitution have
required the previous sanction of the President for the introduction thereof
into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same
provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same provisions would
under this Constitution have been invalid unless, having been reserved for the
consideration of the President, it had received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same force and
effect as an Act of the Legislature of the State assented to by the Governor,
but every such Ordinance-
(a) shall be laid before the Legislative Assembly of the State, or where there
is a Legislative Council in the State, before both the Houses, and shall cease
to operate at the expiration of six weeks from the reassembly of the
Legislature, or if before the expiration of that period a resolution
disapproving it is passed by the Legislative Assembly and agreed to by the
Legislative Council, if any, upon the passing of the resolution or, as the case
may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation:- Where the Houses of the Legislature of a State having a
Legislative Council are summoned to reassemble on different dates, the period
of six weeks shall be reckoned from the later of those dates for the purposes
of this clause.
(3) If and so far as an Ordinance under this article makes any provision which
would not be valid if enacted in an Act of the Legislature of the State
assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution relating
to the effect of an Act of the Legislature of a State which is repugnant to an
Act of Parliament or an existing law with respect to a matter enumerated in the
Concurrent List, an Ordinance promulgated under this article in pursuance of
instructions from the President shall be deemed to be an Act of the Legislature
of the State which has been reserved for the consideration of the President and
assented to by him.
(4)*
--------------------
* Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s.
3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 27 (w.e.f. 20-6-1979)
· Article 214 :
High Courts for States
214. * There
shall be a High Court for each State.
**
--------------------
* The brackets and figure "(1)" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.
** Cls. (2) and (3) omitted by s. 29 and Sch., ibid
· Article 215 :
High Courts to be courts of record
215. Every High
Court shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
· Article 216 :
Constitution of High Courts
216. Every High
Court shall consist of a Chief Justice and such other Judges as the President
may from time to time deem it necessary to appoint.
*
--------------------
* Proviso omitted by s. 11, ibid
· Article 217 :
Appointment and conditions of the office of a Judge of a High Court
217. (1) Every
Judge of a High Court shall be appointed by the President by warrant under his
hand and seal [on the recommendation of the National Judicial Appointments
Commission referred to in article 124A]#####, and [shall hold office, in the
case of an additional or acting Judge, as provided in article 224, and in any
other case, until he attains the age of [sixty-two years]**]*:
Provided that-
(a) a Judge may, by writing under his hand addressed to the President, resign
his office;
(b) a Judge may be removed from his office by the President in the manner
provided in clause (4) of article 124 for the removal of a Judge of the Supreme
Court;
(c) the office of a Judge shall be vacated by his being appointed by the
President to be a Judge of the Supreme Court or by his being transferred by the
President to any other High Court within the territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court
unless he is a citizen of India and-
(a) has for at least ten years held a judicial office in the territory of
India; or
(b) has for at least ten years been an advocate of a High Court *** or of two
or more such Courts in succession;
****
Explanation:- For the purposes of this clause-
[(a) in computing the period during which a person has held judicial office in
the territory of India, there shall be included any period, after he has held
any judicial office, during which the person has been an advocate of a High
Court or has held the office of a member of a tribunal or any post, under the
Union or a State, requiring special knowledge of law;]#
[(aa)]## in computing the period during which a person has been an advocate of
a High Court, there shall be included any period during which the person [has
held judicial office or the office of a member of a tribunal or any post, under
the Union or a State, requiring special knowledge of law]### after he became an
advocate;
(b) in computing the period during which a person has held judicial office in
the territory of India or been an advocate of a High Court, there shall be
included any period before the commencement of this Constitution during which
he has held judicial office in any area which was comprised before the
fifteenth day of August, 1947, within India as defined by the Government of
India Act, 1935, or has been an advocate of any High Court in any such area, as
the case may be.
[(3) If any question arises as to the age of a Judge of a High Court, the question
shall be decided by the President after consultation with the Chief Justice of
India and the decision of the President shall be final.]####
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for
"shall hold office until he attains the age of sixty years"
** Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for
"sixty years"
*** The words "in any State specified in the First Schedule" omitted
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
**** The word "or" and sub-clause (c) were ins. by the Constitution
(Forty-second Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the
Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979)
# Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f.
20-6-1979)
## Cl. (a) re-lettered as cl. (aa) by s. 28, ibid. (w.e.f. 20-6-1979)
### Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for
"has held judicial office" (w.e.f. 3-1-1977)
#### Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4 (with
retrospective effect)
##### Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 6
· Article 218 :
Application of certain provisions relating to Supreme Court to High Courts
218. The
provisions of clauses (4) and (5) of article 124 shall apply in relation to a
High Court as they apply in relation to the Supreme Court with the substitution
of references to the High Court for references to the Supreme Court.
· Article 219 :
Oath or affirmation by Judges of High Courts
219. Every
person appointed to be a Judge of a High Court* shall, before he enters upon
his office, make and subscribe before the Governor of the State, or some person
appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule.
--------------------
* The words "in a State" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
· Article 220 :
Restriction on practice after being a permanent Judge
[220. No person
who, after the commencement of this Constitution, has held office as a
permanent Judge of a High Court shall plead or act in any court or before any
authority in India except the Supreme Court and the other High Courts.
Explanation:- In this article, the expression "High Court" does not
include a High Court for a State specified in Part B of the First Schedule as
it existed before the commencement** of the Constitution (Seventh Amendment)
Act, 1956.]*
--------------------
* Subs. by s. 13, ibid., for art. 220
** 1st November, 1956
· Article 221 :
Salaries, etc., of Judges
221. [(1) There
shall be paid to the Judges of each High Court such salaries as may be
determined by Parliament by law and, until provision in that behalf is so made,
such salaries as are specified in the Second Schedule.]*
(2) Every Judge shall be entitled to such allowances and to such rights in
respect of leave of absence and pension as may from time to time be determined
by or under law made by Parliament and, until so determined, to such allowances
and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of
leave of absence or pension shall be varied to his disadvantage after his
appointment.
--------------------
* Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for cl.
(1) (w.e.f. 1-4-1986)
· Article 222 :
Transfer of a Judge from one High Court to another
222. (1) The
President may, [on the recommendation of the National Judicial Appointments
Commission referred to in article 124A]***, transfer a Judge from one High
Court to any other High Court *.
[(2) When a Judge has been or is so transferred, he shall, during the period he
serves, after the commencement of the Constitution (Fifteenth Amendment) Act,
1963, as a Judge of the other High Court, be entitled to receive in addition to
his salary such compensatory allowance as may be determined by Parliament by
law and, until so determined, such compensatory allowance as the President may
by order fix.]**
--------------------
* The words "within the territory of India" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 14
** Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original cl.
(2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14
*** Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 7
· Article 223 :
Appointment of acting Chief Justice
223. When the
office of Chief Justice of a High Court is vacant or when any such Chief
Justice is, by reason of absence or otherwise, unable to perform the duties of
his office, the duties of the office shall be performed by such one of the
other Judges of the Court as the President may appoint for the purpose.
· Article 224 :
Appointment of additional and acting Judges
[224. (1) If by
reason of any temporary increase in the business of a High Court or by reason
of arrears of work therein, it appears to the President that the number of the
Judges of that Court should be for the time being increased, [the President
may, in consultation with the National Judicial Appointments Commission,
appoint]*** duly qualified persons to be additional Judges of the Court for
such period not exceeding two years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by reason of
absence or for any other reason unable to perform the duties of his office or
is appointed to act temporarily as Chief Justice, [“the President may, in
consultation with the National Judicial Appointments Commission,
appoint]**** a duly qualified person to act as a Judge of that Court until the
permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High Court shall
hold office after attaining the age of [sixty-two years]**.]*
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15, for art. 224
** Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for
"sixty years"
*** Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 8(a)
**** Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 8(b)
· Article 224A :
Appointment of retired Judges at sittings of High Courts
[224A.
Notwithstanding anything in this Chapter, [the National Judicial Appointments
Commission on a reference made to it by the Chief Justice of a High Court for
any State, may with the previous consent of the President]** request any person
who has held the office of a Judge of that Court or of any other High Court to
sit and act as a Judge of the High Court for that State, and every such person
so requested shall, while so sitting and acting, be entitled to such allowances
as the President may by order determine and have all the jurisdiction, powers
and privileges of, but shall not otherwise be deemed to be, a Judge of that
High Court:
Provided that nothing in this article shall be deemed to require any such
person as aforesaid to sit and act as a Judge of that High Court unless he
consents so to do.]*
--------------------
* Ins. by s. 7, ibid
** Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 9
· Article 225 :
Jurisdiction of existing High Courts
225. Subject to
the provisions of this Constitution and to the provisions of any law of the
appropriate Legislature made by virtue of powers conferred on that Legislature
by this Constitution, the jurisdiction of, and the law administered in, any
existing High Court, and the respective powers of the Judges thereof in
relation to the administration of justice in the Court, including any power to
make rules of Court and to regulate the sittings of the Court and of members
thereof sitting alone or in Division Courts, shall be the same as immediately
before the commencement of this Constitution:
[Provided that any restriction to which the exercise of original jurisdiction
by any of the High Courts with respect to any matter concerning the revenue or
concerning any act ordered or done in the collection thereof was subject
immediately before the commencement of this Constitution shall no longer apply
to the exercise of such jurisdiction.]*
--------------------
* Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29, (w.e.f.
20-6-1979). Original proviso was omitted by the Constitution (Forty-second
Amendment) Act, 1976, s. 37 (w.e.f. 1-2-1977)
· Article 226 :
Power of High Courts to issue certain writs
*[226. (1)
Notwithstanding anything in article 32** every High Court shall have power,
throughout the territories in relation to which it exercises jurisdiction, to
issue to any person or authority, including in appropriate cases, any
Government, within those territories directions, orders or writs, including
[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, or any of them, for the enforcement of any of the rights conferred
by Part III and for any other purpose.]***
(2) The power conferred by clause (1) to issue directions, orders or writs to
any Government, authority or person may also be exercised by any High Court
exercising jurisdiction in relation to the territories within which the cause
of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories.
[(3) Where any party against whom an interim order, whether by way of
injunction or stay or in any other manner, is made on, or in any proceedings
relating to, a petition under clause (1), without-
(a) furnishing to such party copies of such petition and all documents in
support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to
the High Court for the vacation of such order and furnishes a copy of such
application to the party in whose favour such order has been made or the
counsel of such party, the High Court shall dispose of the application within a
period of two weeks from the date on which it is received or from the date on
which the copy of such application is so furnished, whichever is later, or
where the High Court is closed on the last day of that period, before the
expiry of the next day afterwards on which the High Court is open; and if the
application is not so disposed of, the interim order shall, on the expiry of
that period, or, as the case may be, the expiry of the said next day, stand
vacated.]****
[(4) The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme Court by clause (2) of article
32.]*****
--------------------
* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38, for art.
226 (w.e.f. 1-2-1977)
** The words, figures and letters "but subject to the provisions of
article 131A and article 226A" omitted by the Constitution (Forty-third
Amendment) Act, 1977, s. 7 (w.e.f. 13-4-1978)
*** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for
the portion beginning with the words "writs in the nauture of habeas
corpus, mandamus, prohibition, quo warranto and certiorari, or any of
them" and ending with the words "such illegality has resulted in
substantial failure of justice" (w.e.f. 1-8-1979)
**** Subs. by s. 30, ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979)
***** Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 30 (w.e.f. 1-8-1979)
· Article 226A :
[Repealed.]
226A.
[Constitutional validity of Central laws not to be considered in proceedings
under article 226.]* Rep. by the Constitution (Forty-third Amendment) Act,
1977, s. 8 (w.e.f. 13-4-1978).
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f.
1-2-1977)
· Article 227 :
Power of superintendence over all courts by the High Court
227. [(1) Every
High Court shall have superintendence over all courts and tribunals throughout
the territories in relation to which it exercises jurisdiction.]*
(2) Without prejudice to the generality of the foregoing provision, the High
Court may-
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the
practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the
officers of any such courts.
(3) The High Court may also settle tables of fees to be allowed to the sheriff
and all clerks and officers of such courts and to attorneys, advocates and
pleaders practising therein:
Provided that any rules made, forms prescribed or tables settled under clause
(2) or clause (3) shall not be inconsistent with the provision of any law for
the time being in force, and shall require the previous approval of the
Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of
superintendence over any court or tribunal constituted by or under any law
relating to the Armed Forces.
(5)**
--------------------
* Cl. (1) has been successively subs. by the Constitution (Forty-second
Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and the Constitution
(Forty-fourth Amendment) Act, 1978, s. 31, to read as above (w.e.f. 20-6-1979)
** Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s.
40 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 31 (w.e.f. 20-6-1979)
· Article 228 :
Transfer of certain cases to High Court
228. If the
High Court is satisfied that a case pending in a court subordinate to it
involves a substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal of the
case, [it shall withdraw the case and ** may-]*
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the court from
which the case has been so withdrawn together with a copy of its judgment on
such question, and the said court shall on receipt thereof proceed to dispose
of the case in conformity with such judgment.
--------------------
* Subs. by the Constitution (Forty-second Amendment) Act. 1976, s. 41, for
"it shall withdraw the case and may —" (w.e.f. 1-2-1977)
** The words, figures and letters "subject to the provisions of article
131A," omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 9
(w.e.f. 13-4-1978)
· Article 228A :
[Repealed.]
228A. [Special
provisions as to disposal of questions relating to constitutional validity of
State laws.]* Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 10
(w.e.f. 13-4-1978)
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f.
1-2-1977)
· Article 229 :
Officers and servants and the expenses of High Courts
229. (1)
Appointments of officers and servants of a High Court shall be made by the
Chief Justice of the Court or such other Judge or officer of the Court as he
may direct:
Provided that the Governor of the State * may by rule require that in such
cases as may be specified in the rule no person not already attached to the
Court shall be appointed to any office connected with the Court save after
consultation with the State Public Service Commission.
(2) Subject to the provisions of any law made by the Legislature of the State,
the conditions of service of officers and servants of a High Court shall be
such as may be prescribed by rules made by the Chief Justice of the Court or by
some other Judge or officer of the Court authorised by the Chief Justice to
make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to
salaries, allowances, leave or pensions, require the approval of the Governor
of the State**.
(3) The administrative expenses of a High Court, including all salaries,
allowances and pensions payable to or in respect of the officers and servants
of the Court, shall be charged upon the Consolidated Fund of the State, and any
fees or other moneys taken by the Court shall form part of that Fund.
--------------------
* The words "in which the High Court has its principal seat" omitted
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
** The words "in which the High Court has its principal seat" omitted
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
· Article 230 :
Extension of jurisdiction of High Courts to Union territories
*[230. (1)
Parliament may by law extend the jurisdiction of a High Court to, or exclude
the jurisdiction of a High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a
Union territory,-
(a) nothing in this Constitution shall be construed as empowering the
Legislature of the State to increase, restrict or abolish that jurisdiction;
and
(b) the reference in article 227 to the Governor shall, in relation to any
rules, forms or tables for subordinate courts in that territory, be construed
as a reference to the President.
--------------------
* Subs. by s. 16, ibid., for arts. 230, 231 and 232
· Article 231 :
Establishment of a common High Court for two or more States
231. (1)
Notwithstanding anything contained in the preceding provisions of this Chapter,
Parliament may by law establish a common High Court for two or more States or
for two or more States and a Union territory.
(2) In relation to any such High Court,-
[(a) the reference in article 217 to the Governor of the State shall be
construed as a reference to the Governors of all the States in relation to
which the High Court exercises jurisdiction;]**
(b) the reference in article 227 to the Governor shall, in relation to any
rules, forms or tables for subordinate courts, be construed as a reference to
the Governor of the State in which the subordinate courts are situate; and
(c) the references in articles 219 and 229 to the State shall be construed as a
reference to the State in which the High Court has its principal seat:
Provided that if such principal seat is in a Union territory, the references in
articles 219 and 229 to the Governor, Public Service Commission, Legislature
and Consolidated Fund of the State shall be construed respectively as
references to the President, Union Public Service Commission, Parliament and
Consolidated Fund of India.]*
--------------------
* Subs. by s. 16, ibid., for arts. 230, 231 and 232
** Omitted by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 10
· Article 233 :
Appointment of district judges
233. (1)
Appointments of persons to be, and the posting and promotion of, district
judges in any State shall be made by the Governor of the State in consultation
with the High Court exercising jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only
be eligible to be appointed a district judge if he has been for not less than
seven years an advocate or a pleader and is recommended by the High Court for
appointment.
· Article 233A :
Validation of appointments of, and judgments, etc., delivered by, certain
district judges
[233A.
Notwithstanding any judgment, decree or order of any court,-
(a) (i) no appointment of any person already in the judicial service of a State
or of any person who has been for not less than seven years an advocate or a
pleader, to be a district judge in that State, and
(ii) no posting, promotion or transfer of any such person as a district judge,
made at any time before the commencement of the Constitution (Twentieth
Amendment) Act, 1966, otherwise than in accordance with the provisions of
article 233 or article 235 shall be deemed to be illegal or void or ever to
have become illegal or void by reason only of the fact that such appointment,
posting, promotion or transfer was not made in accordance with the said
provisions;
(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or
made, and no other act or proceeding done or taken, before the commencement of
the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person
appointed, posted, promoted or transferred as a district judge in any State
otherwise than in accordance with the provisions of article 233 or article 235
shall be deemed to be illegal or invalid or ever to have become illegal or
invalid by reason only of the fact that such appointment, posting, promotion or
transfer was not made in accordance with the said provisions.]*
--------------------
* Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2
· Article 234 :
Recruitment of persons other than district judges to the judicial service
234.
Appointments of persons other than district judges to the judicial service of a
State shall be made by the Governor of the State in accordance with rules made
by him in that behalf after consultation with the State Public Service
Commission and with the High Court exercising jurisdiction in relation to such
State.
· Article 235 :
Control over subordinate courts
235. The
control over district courts and courts subordinate thereto including the
posting and promotion of, and the grant of leave to, persons belonging to the
judicial service of a State and holding any post inferior to the post of
district judge shall be vested in the High Court, but nothing in this article
shall be construed as taking away from any such person any right of appeal
which he may have under the law regulating the conditions of his service or as
authorising the High Court to deal with him otherwise than in accordance with
the conditions of his service prescribed under such law.
· Article 236 :
Interpretation
236. In this
Chapter-
(a) the expression "district judge" includes judge of a city civil
court, additional district judge, joint district judge, assistant district
judge, chief judge of a small cause court, chief presidency magistrate,
additional chief presidency magistrate, sessions judge, additional sessions
judge and assistant sessions Judge;
(b) the expression "judicial service" means a service consisting
exclusively of persons intended to fill the post of district judge and other
civil judicial posts inferior to the post of district judge.
· Article 237 :
Application of the provisions of this Chapter to certain class or classes of
magistrates
237. The
Governor may by public notification direct that the foregoing provisions of
this Chapter and any rules made thereunder shall with effect from such date as
may be fixed by him in that behalf apply in relation to any class or classes of
magistrates in the State as they apply in relation to persons appointed to the
judicial service of the State subject to such exceptions and modifications as
may be specified in the notification.
6Part VI (A:152-237): The States
7Part VII (Repealed): The States in Part B of First Schedule
8Part VIII (A:239-242): The Union Territories
9Part IX (A:243-243O): The Panchayats
9APart IXA (A:243P-243ZG): The Municipalities
9BPart IXB (A:243ZH-243 ZT): The Co-Operative Societies
10Part X (A:244-244A): The Scheduled and Tribal Areas
11Part XI (A:245-263): Relations between the Union and the States
12Part XII (A:264-300A): Finance, Property, Contracts and Suits
13Part XIII (A:301-307): Trade, Commerce and Intercourse within the territory of India
14Part XIV (A:308-323): Services Under the Union and the States
14APart XIVA (A:323A-323B): Tribunals
15Part XV (A:324-329A): Elections
16Part XVI (A:330-342): Special provisions relating to certain classes
17Part XVII (A:343-351): Official Language
18Part XVIII (A:352-360) : Emergency Provisions
19Part XIX (A:361-367): Miscellaneous
20Part XX (A:368): Amendment of the Constitution
21Part XXI (A:369-392): Temporary, Transitional and Special Provisions