5Part V (A:52-151): The Union
· Article 52 :
The President of India
52. There shall
be a President of India.
· Article 53 :
Executive power of the Union
53. (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
54. 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**.]*
--------------------
* Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f.
1-6-1995)
** Now Puducherry, vide the Pondicherry (Alteration of Name) Act, 2006, s. 3
(w.e.f. 1-10-2006)
· Article 55 :
Manner of election of President
55. (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 [2026]** have been published,
be construed as a reference to the 1971 census.]*
--------------------
* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the
Explanation (w.e.f. 3-1-1977)
** Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for
"2000"
· Article 56 :
Term of office of President
56. (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
Vice-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
57. 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
58. (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.
--------------------
* The words "or Rajpramukh or Uparajpramukh" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
· Article 59 :
Conditions of President’s office
59. (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
60. 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(or solemnly affirm) that I will
faithfully execute the office of President (or discharge the functions 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
61. (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 President and the
term of office of person elected to fill casual vacancy
62. (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, resignation 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
63. There shall
be a Vice-President of India.
· Article 64 :
The Vice-President to be ex officio Chairman of the Council of States
64. 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
65. (1) In the
event of the occurrence of any vacancy in the office of the President by reason
of his 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
66. (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 the 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 of 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 or
Vice-President of the Union or the Governor** of any State or is a Minister
either for the Union or for any State.
--------------------
* Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for
"members of both Houses of Parliament assembled at a joint meeting"
** The words "or Rajpramukh or Uparajpramukh" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
· Article 67 :
Term of office of Vice-President
67. 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
68. (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
69. 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 (or solemnly affirm) that I will
bear true faith and allegiance to the Constitution of India as by law
established and that I will faithfully discharge the duty upon which I am about
to enter."
· Article 70 :
Discharge of President’s functions in other contingencies
70. Parliament
may make such provisions 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
[71. (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.]*
--------------------
* Art. 71 has been successively subs. by the Constitution (Thirty-ninth
Amendment) Act, 1975, s. 2 (w.e.f. 10-8-1975) and the Constitution
(Forty-fourth Amendment) Act, 1978, s. 10, to read as above (w.e.f. 20-6-1979).
· Article 72 :
Power of President to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
72. (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
person convicted of any offence-
(a) in all cases where the punishment or 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.
--------------------
* The words "or Rajpramukh " omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
· Article 73 :
Extent of executive power of the Union
73. (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 or 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.
--------------------
* The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch.
· Article 74 :
Council of Ministers to aid and advise President
74. 2[(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.
--------------------
* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 13, for cl.
(1) (w.e.f. 3-1-1977)
** Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f.
20-6-1979)
· Article 75 :
Other provisions as to Ministers
75. (1) The
Prime Minister shall be appointed by the President and the other Ministers
shall be appointed by the President on the advice of the Prime Minister.
[(1A) The total number of Ministers, including the Prime Minister, in the
Council of Ministers shall not exceed fifteen per cent. of the total number of
members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party
who is disqualified for being a member of that House under paragraph 2 of the
Tenth Schedule shall also be disqualified to be appointed as a Minister under
clause (1) for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member
would expire or where he contests any election to either House of Parliament
before the expiry of such period, till the date on which he is declared
elected, whichever is earlier.]*
(2) The Ministers 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.
--------------------
* Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2
· Article 76 :
Attorney-General for India
76. (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
77. (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 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.
(4)**
--------------------
* See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of
India, Extraordinary, 1958, Pt. II, Sec. 3(ii), p. 1315, as amended from time
to time.
** Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s.
14 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 12 (w.e.f. 20-6-1979)
· Article 78 :
Duties of Prime Minister as respects the furnishing of information to the
President, etc
78. 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 to the administration of the affairs
of the Union 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.
· Article 79 :
Constitution of Parliament
79. There shall
be a Parliament for the Union which shall consist 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
80. (1) *[The
Council of States]** shall consist 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) of clause
(1) shall consist 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 by the 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.
--------------------
* Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for
"The Council of States" (w.e.f. 1-3-1975)
** The words "subject to the provisions of paragraph 4 of the Tenth
Schedule" omitted by the Constitution (Thirty-sixth Amendment) Act, 1975,
s. 5 (w.e.f. 26-4-1975)
*** Added by the Constitution (Seventh Amendment) Act, 1956, s. 3
**** The words and letters "specified in Part A or Part B of the First
Schedule" omitted by s. 3, ibid
***** Subs. by s. 3, ibid., for "States specified in Part C of the First
Schedule"
· Article 81 :
Composition of the House of the People
[81. (1)
[Subject to the provisions of article 331***]**, the House of the People shall
consist of-
(a) not more than [five hundred and thirty members]**** chosen by direct
election from territorial constituencies in the States, and
(b) not more than [twenty members]***** to represent the Union territories,
chosen in such manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),-
(a) there shall be allotted to each State a number of seats in the House of the
People in such manner that the ratio between that number and the population of
the State is, so far as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner
that the ratio between the population of each constituency and the number of
seats allotted to it is, so far as practicable, the same throughout the State:
[Provided that the provisions of sub-clause (a) of this clause shall not be
applicable for the purpose of allotment of seats in the House of the People to
any State so long as the population of that State does not exceed six
millions.]#
(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 [2026]### have been published,
####[be construed,-
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that
clause, as a reference to the 1971 census; and
(ii) for the purposes of sub-clause (b) of clause (2) as a reference to the
[2001]##### census.]]*
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 4, for arts. 81
and 82
** Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for
"Subject to the provisions of article 331" (w.e.f. 1-3-1975)
*** The words and figure "and paragraph 4 of the Tenth Schedule"
omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f.
26-4-1975)
**** Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s.
63, for "five hundred and twenty-five members" (w.e.f. 30-5-1987)
***** Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for
"twenty-five members"
# Ins. by s. 2, ibid
## Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f.
3-1-1977)
### Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for
"2000"
#### Subs. by s. 3, ibid., for certain words
##### Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for
"1991"
· Article 82 :
Readjustment after each census
82. 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 [2026]** have been published, it shall not be necessary to [readjust-
(i) the allocation of seats in the House of People to the States as readjusted
on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be readjusted
on the basis of the [2001]**** census, under this article.]***]*
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 16 (w.e.f.
3-1-1977)
** Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for
"2000"
*** Subs. by s. 4, ibid., for certain words
**** Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 3, for
"1991"
· Article 83 :
Duration of Houses of Parliament
83. (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 [five 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.
--------------------
* Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for
"six years" (w.e.f. 20-6-1979). The words "six years" were
subs. for the original words "five years" by the Constitution
(Forty-second Amendment) Act, 1976, s. 17 (w.e.f. 3-1-1977)
· Article 84 :
Qualification for membership of Parliament
84. 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.
--------------------
* Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3, for cl. (a)
· Article 85 :
Sessions of Parliament, prorogation and dissolution
[85. (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 last 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.]*
--------------------
* Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85
· Article 86 :
Right of President to address and send messages to Houses
86. (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
87. (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**.
--------------------
* Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for "every
session"
** The words "and for the precedence of such discussion over other
business of the House" omitted by s. 7, ibid
· Article 88 :
Rights of Ministers and Attorney-General as respects Houses
88. Every
Minister and the Attorney-General of India shall have the right to speak in,
and otherwise to take part in the proceedings 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
89. (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
90. 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
91. (1) While
the office of Chairman is vacant, or during any period when the Vice-President
is acting as, or discharging the functions of, resident, 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
92. (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
93. 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
94. 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 given 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
95. (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
96. (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
97. 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 made, such salaries and allowances as are
specified in the Second Schedule.
· Article 98 :
Secretariat of Parliament
98. (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
99. 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
100. (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
101. (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,]*****
[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 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.
--------------------
* The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch
** Subs. by s. 29 and Sch., ibid., "such a State"
*** 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. 2, for
"clause (1) of article 102" (w.e.f. 1-3-1985)
***** Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2, for
sub-clause (b)
# Ins. by s. 2, ibid
· Article 102 :
Disqualifications for membership
102. (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 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 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.]**
--------------------
* Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for
"(2) For the purposes of this article" (w.e.f. 1-3-1985)
** Ins. by s. 3, ibid. (w.e.f. 1-3-1985)
· Article 103 :
Decision on questions as to disqualifications of members
[103. (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.]*
--------------------
* Art. 103 has been successively subs. by the Constitution (Forty-second
Amendment) Act, 1976, s. 20 (w.e.f. 3-1-1977) and the Constitution
(Forty-fourth Amendment) Act, 1978, s. 14 to read as above (w.e.f. 20-6-1979)
· Article 104 :
Penalty for sitting and voting before making oath or affirmation under article
99 or when not qualified or when disqualified
104. 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
105. (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 any thing 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.
--------------------
* Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for
certain words (w.e.f. 20-6-1979)
· Article 106 :
Salaries and allowances of members
106. Members of
either House of Parliament shall be entitled to receive such salaries and
allowances as 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
107. (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
108. (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 elapse 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 elapsed 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 passed by both Houses:
Provided that at a joint sitting-
(a) if the Bill, having been passed by one House, has not been passed by the
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
109. (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 by 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 een 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”
110. (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 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 declaring 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-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 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
111. 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
112. (1) The
President shall in respect of every financial year cause to be laid before both
the Houses of Parliament a statement of the estimated receipts and expenditure
of the Government of India for that year, in this Part referred to as the
"annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement
shall show separately-
(a) the sums required to meet expenditure described by this Constitution as
expenditure charged upon the Consolidated Fund of India; and
(b) the sums required to meet other expenditure proposed to be made from the
Consolidated Fund of India, and shall distinguish expenditure on revenue
account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated
Fund of India-
(a) the emoluments and allowances of the President and other expenditure
relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the
Council of States and the Speaker and the Deputy Speaker of the House of the
People;
(c) debt charges for which the Government of India is liable including
interest, sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of debt;
(d) (i) the salaries, allowances and 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, allowances and pension payable to or in respect of the
Comptroller and Auditor-General of India;
(f) any sums required to satisfy any judgment, 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.
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for
"a Province corresponding to a State specified in Part A of the First
Schedule"
· Article 113 :
Procedure in Parliament with respect to estimates
113. (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 of the amount specified
therein.
(3) No demand for a grant shall be made except on the recommendation of the
President.
· Article 114 :
Appropriation Bills
114. (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 ppropriation
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 amendment 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
115. (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 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 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
116. (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 Consolidated
Fund of India to meet such expenditure.
· Article 117 :
Special provisions as to financial Bills
117. (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, 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 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
118. (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 or 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 the
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
119. 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
120. (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
121. No
discussion shall take place in Parliament with respect to 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 hereinafter provided.
· Article 122 :
Courts not to inquire into proceedings of Parliament
122. (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 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.
· Article 123 :
Power of President to promulgate Ordinances during recess of Parliament
123. (1) If at
any time, except when both Houses of Parliament are in session, the President
is satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear
to him to require.
(2) An Ordinance promulgated under this article shall have the same force and
effect as an Act of Parliament, but every such Ordinance-
(a) shall be laid before both Houses of Parliament and shall cease to operate
at the expiration of six weeks from the reassembly of Parliament, or, if before
the expiration of that period resolutions disapproving it are passed by both
Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
Explanation:- Where the Houses of Parliament are summoned to reassemble on
different dates, the period of six weeks shall be reckoned from the later of
those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which
Parliament would not under this Constitution be competent to enact, it shall be
void.
(4)*
--------------------
* Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s.
2 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 16 (w.e.f. 20-6-1979)
· Article 124 :
Establishment and constitution of Supreme Court
124. (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 [on the recommendation of the National Judicial
Appointments Commission referred to in article 124A]*** 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 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 provided 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 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 or before any authority within the territory of India.
--------------------
* Now "twenty-five", vide the Supreme Court (Number of Judges)
Amendment Act, 1986 (22 of 1986), s. 2
** Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2
*** Ins. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 2(a)
**** Ins. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 2(c)
***** Omitted by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 2(b)
· Article 124A :
National Judicial Appointments Commission.
[124A. (1)
There shall be a Commission to be known as the National Judicial Appointments
Commission consisting of the following, namely:––
(a) the Chief Justice of India, Chairperson, ex officio;
(b) two other senior Judges of the Supreme Court next to the Chief Justice of
India ––Members, ex officio;
(c) the Union Minister in charge of Law and Justice––Member, ex officio;
(d) two eminent persons to be nominated by the committee consisting of the
Prime Minister, the Chief Justice of India and the Leader of Opposition in the
House of the People or where there is no such Leader of Opposition, then, the
Leader of single largest Opposition Party in the House of the People ––
Members:
Provided that one of the eminent person shall be nominated from amongst the
persons belonging to the Scheduled Castes, the Scheduled Tribes, Other
Backward Classes, Minorities or Women:
Provided further that an eminent person shall be nominated for a period of
three years and shall not be eligible for renomination.
(2) No act or proceedings of the National Judicial Appointments Commission
shall be questioned or be invalidated merely on the ground of the existence of
any vacancy or defect in the constitution of the Commission.]*
------------------------------------------
* Ins. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 3
· Article 124B :
Functions of Commission
[124B. It shall
be the duty of the National Judicial Appointments Commission to—
(a) recommend persons for appointment as Chief Justice of India, Judges of the
Supreme Court, Chief Justices of High Courts and other Judges of High
Courts;
(b) recommend transfer of Chief Justices and other Judges of High Courts from
one High Court to any other High Court; and
(c) ensure that the person recommended is of ability and integrity.]*
-------------------------------------
* Ins. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 3
· Article 124C :
Power of Parliament to make law
[124C.
Parliament may, by law, regulate the procedure for the appointment of Chief
Justice of India and other Judges of the Supreme Court and Chief Justices and
other Judges of High Courts and empower the Commission to lay down by
regulations the procedure for the discharge of its functions, the manner of
selection of persons for appointment and such other matters as may be
considered necessary by it.”]*
-------------------------------------
* Ins. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 3
· Article 125 :
Salaries, etc., of Judges
125. [(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 chedule.]*
(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 nor 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. 2, for cl.
(1) (w.e.f. 1-4-1986)
· Article 126 :
Appointment of acting Chief Justice
126. 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
127. (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 National Judicial
Appointments Commission on a reference made to it by 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.
------------------------------------------
* Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 4
· Article 128 :
Attendance of retired Judges at sittings of the Supreme Court
128.
Notwithstanding anything in this Chapter, [the National Judicial Appointment
Commission]** may at any time, with the previous consent of the President,
request any person who has 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.
--------------------
* Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3
** Subs. by the Constitution (Ninety-Ninth) Amendment Act, 2014, s. 5
· Article 129 :
Supreme Court to be a court of record
129. 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
130. 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
131. 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 or 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 or 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.]*
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the
proviso
· Article 131A :
[Repealed.]
131A.
[Exclusive jurisdiction of the Supreme Court in regard to questions as to
constitutional validity of Central laws.]* Rep. by the Constitution
(Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978)
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f.
1-2-1977)
· Article 132 :
Appellate jurisdiction of Supreme Court in appeals from High Courts in certain
cases
132. (1) An
appeal shall lie to the Supreme Court from any judgment, decree or 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 3***.
Explanation:- For the purposes 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.
--------------------
* Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for
"if the High Court certifies" (w.e.f. 1-8-1979)
** Cl. (2) omitted by s. 17, ibid. (w.e.f. 1-8-1979)
*** Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979)
· Article 133 :
Appellate jurisdiction of Supreme Court in appeals from High Courts in regard
to Civil matters
133. [(1) An
appeal shall lie to the Supreme Court from any judgment, decree or final order
in a civil proceeding of a High Court in the territory of India [if the High
Court certifies under article 134A-]**
(a) that the case involves a substantial question of law of general importance;
and
(b) that in the opinion of the High Court the said question needs to be decided
by the Supreme Court.]*
(2) Notwithstanding anything in article 132, any party appealing to the Supreme
Court under clause (1) may urge as one of the grounds in such appeal that a
substantial question of law as to the interpretation of this Constitution has
been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless
Parliament by law otherwise provides, lie to the Supreme Court from the
judgment, decree or final order of one Judge of a High Court.
--------------------
* Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1)
(w.e.f. 27-2-1973)
** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for
"if the High Court certifies—" (w.e.f. 1-8-1979)
· Article 134 :
Appellate jurisdiction of Supreme Court in regard to criminal matters
134. (1) An
appeal shall lie to the Supreme Court from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of India if
the High Court-
(a) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate
to its authority and has in such trial convicted the accused person and
sentenced him to death; or
(c) [certifies 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.
--------------------
* Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 19, for
"certifies" (w.e.f. 1-8-1979)
· Article 134A :
Certificate for appeal to the Supreme Court
[134A. 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) of 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.]*
--------------------
* Ins. by s. 20, ibid. (w.e.f. 1-8-1979)
· Article 135 :
Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court
135. 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
136. (1)
Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence
or order passed or made by any court or tribunal constituted by or under any
law relating to the Armed Forces.
· Article 137 :
Review of judgments or orders by the Supreme Court
137. 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
138. (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
139. 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
[139A. 2[(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 or
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.]*
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f.
1-2-1977)
** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl.
(1) (w.e.f. 1-8-1979)
· Article 140 :
Ancillary powers of Supreme Court
140. 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
141. 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.
142. (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.
--------------------
* See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C. O. 47)
· Article 143 :
Power of President to consult Supreme Court
143. (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 such hearing as it
thinks fit, report to the President its opinion thereon.
--------------------
* The words , brackets and figures "clause (i) of" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
** Subs. by s. 29 and Sch., ibid., for "said clause"
· Article 144 :
Civil and judicial authorities to act in aid of the Supreme Court
144. All
authorities, civil and judicial, in the territory of India shall act in aid of
the Supreme Court.
· Article 144A :
[Repealed.]
144A. [Special
provisions as to disposal of questions relating to constitutional validity of
laws.]* Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 5
(w.e.f. 13-4-1978)
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f.
1-2-1977)
· Article 145 :
Rules of Court, etc.
145. (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 judgment 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 for 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 vexatious 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 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 judgment 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 judgment and no 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 judgment or opinion.
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* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f.
1-2-1977)
** Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for
"articles 131A and 139A" (w.e.f. 13-4-1978)
*** Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for
"provisions of clause (3)" (w.e.f. 1-2-1977)
**** Certain words omitted by the Constitution (Forty-third Amendment) Act,
1977, s. 6 (w.e.f. 13-4-1978)
***** Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for
"The minimum number" (w.e.f. 1-2-1977)
· Article 146 :
Officers and servants and the expenses of the Supreme Court
146. (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
147. 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.
· Article 148 :
Comptroller and Auditor-General of India
148. (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 Comptroller 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 the 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
149. 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
[150. 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.]*
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* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 27, for art.
150 (w.e.f. 1-4-1977)
** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for
"after consultation with" (w.e.f. 20-6-1979)
· Article 151 :
Audit reports
151. (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 reports 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.
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* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.