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vacation and resignation of, and removal from, the office of deputy chairman: a member holding office as deputy chairman of the council of states —
(a) shall vacate his office if he ceases to be a member of the council;
(b) may at any time, by writing under his hand addressed to the chairman, resign his office; and
(c) may be removed from his office by a resolution of the council passed by a majority of all the then members of the council:
provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. | 90 |
power of the deputy chairman or other person to perform the duties of the office of, or to act as, chairman: (1) while the office of chairman is vacant, or during any period when the vice-president is acting as, or discharging the functions of, president, the duties of the office shall be performed by the deputy chairman, or, if the office of deputy chairman is also vacant, by such member of the council of states as the president may appoint for the purpose.
(2) during the absence of the chairman from any sitting of the council of states the deputy chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the council, or, if no such person is present, such other person as may be determined by the council, shall act as chairman. | 91 |
the chairman or the deputy chairman not to preside while a resolution for his removal from office is under consideration: (1) at any sitting of the council of states, while any resolution for the removal of the vice-president from his office is under consideration, the chairman, or while any resolution for the removal of the deputy chairman from his office is under consideration, the deputy chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the chairman, or, as the case may be, the deputy chairman, is absent.
(2) the chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the council of states while any resolution for the removal of the vice-president from his office is under consideration in the council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings. | 92 |
the speaker and deputy speaker of the house of the people: the house of the people shall, as soon as may be, choose two members of the house to be respectively speaker and deputy speaker thereof and, so often as the office of speaker or deputy speaker becomes vacant, the house shall choose another member to be speaker or deputy speaker, as the case may be. | 93 |
vacation and resignation of, and removal from, the offices of speaker and deputy speaker: a member holding office as speaker or deputy speaker of the house of the people —
(a) shall vacate his office if he ceases to be a member of the house of the people;
(b) may at any time, by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and
(c) may be removed from his office by a resolution of the house of the people passed by a majority of all the then members of the house:
provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been 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. | 94 |
power of the deputy speaker or other person to perform the duties of the office of, or to act as, speaker: (1) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the house of the people as the president may appoint for the purpose.
(2) during the absence of the speaker from any sitting of the house of the people the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the house, or, if no such person is present, such other person as may be determined by the house, shall act as speaker. | 95 |
the speaker or the deputy speaker not to preside while a resolution for his removal from office is under consideration: (1) at any sitting of the house of the people, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker, or, as the case may be, the deputy speaker, is absent.
(2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the house of the people while any resolution for his removal from office is under consideration in the house and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes | 96 |
salaries and allowances of the chairman and deputy chairman and the speaker and deputy speaker: there shall be paid to the chairman and the deputy chairman of the council of states, and to the speaker and the deputy speaker of the house of the people, such salaries and allowances as may be respectively fixed by parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the second schedule. | 97 |
secretariat of parliament: (1) each house of parliament shall have a separate secretarial staff:
provided that nothing in this clause shall be construed as preventing the creation of posts common to both houses of parliament.
(2) parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either house of parliament.
(3) until provision is made by parliament under clause (2), the president may, after consultation with the speaker of the house of the people or the chairman of the council of states, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the house of the people or the council of states, and any rules so made shall have effect subject to the provisions of any law made under the said clause. | 98 |
oath or affirmation by members: every member of either house of parliament shall, before taking his seat, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule. | 99 |
voting in houses, power of houses to act notwithstanding vacancies and quorum: (1) save as otherwise provided in this constitution, all questions at any sitting of either house or joint sitting of the houses shall be determined by a majority of votes of the members present and voting, other than the speaker or person acting as chairman or speaker.
the chairman or speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
(2) either house of parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
(3) until parliament by law otherwise provides, the quorum to constitute a meeting of either house of parliament shall be one-tenth of the total number of members of the house. (4) if at any time during a meeting of a house there is no quorum, it shall be the duty of the chairman or speaker, or person acting as such, either to adjourn the house or to suspend the meeting until there is a quorum. | 100 |
vacation of seats: (1) no person shall be a member of both houses of parliament and provision shall be made by parliament by law for the vacation by a person who is chosen a member of both houses of his seat in one house or the other.
(2) no person shall be a member both of parliament and of a house of the legislature of a state and if a person is chosen a member both of parliament and of a house of the legislature of a state, then, at the expiration of such period as may be specified in rules made by the president, that person's seat in parliament shall become vacant, unless he has previously resigned his seat in the legislature of the state.
(3) if a member of either house of parliament —
(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102, or 5
(b) resigns his seat by writing under his hand addressed to the chairman or the speaker, as the case may be, and his resignation is accepted by the chairman or the speaker, as the case may be, his seat shall thereupon become vacant:
his seat shall thereupon become vacant:
provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the chairman or the speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
(4) if for a period of sixty days a member of either house of parliament 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. | 101 |
disqualifications for membership: (1) a person shall be disqualified for being chosen as, and for being, a member of either house of parliament —
(a) if he holds any office of profit under the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any 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. | 102 |
decision on questions as to disqualifications of members: (1) if any question arises as to whether a member of either house of parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the president and his decision shall be final.
(2) before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion. | 103 |
penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified: if a person sits or votes as a member of either house of parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union. | 104 |
powers, privileges, etc, of the houses of parliament and of the members and committees thereof: (1) subject to the provisions of this constitution and to the rules and standing orders regulating the procedure of parliament, there shall be freedom of speech in parliament.
(2) no member of parliament shall be liable to any proceedings in any court in respect of 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. | 105 |
salaries and allowances of members: 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. | 106 |
provisions as to introduction and passing of bills: (1) subject to the provisions of articles 109 and 117 with respect to money bills and other financial bills, a bill may originate in either house of parliament.
(2) subject to the provisions of articles 108 and 109, a bill shall not be deemed to have been passed by the houses of parliament unless it has been agreed to by both houses, either without amendment or with such amendments only as are agreed to by both houses.
(3) a bill pending in parliament shall not lapse by reason of the prorogation of the houses.
(4) a bill pending in the council of states which has not been passed by the house of the people shall not lapse on a dissolution of the house of the people.
(5) a bill which is pending in the house of the people, or which having been passed by the house of the people is pending in the council of states, shall, subject to the provisions of article 108, lapse on a dissolution of the house of the people. | 107 |
joint sitting of both houses in certain cases: (1) if after a bill has been passed by one house and transmitted to the other house —
(a) the bill is rejected by the other house; or
(b) the houses have finally disagreed as to the amendments to be made in the bill; or
(c) more than six months 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. | 108 |
special procedure in respect of money bills: (1) a money bill shall not be introduced in the council of states.
(2) after a money bill has been passed by the house of the people it shall be transmitted to the council of states for its recommendations and the council of states shall within a period of fourteen days from the date of its receipt of the bill return the bill to the house of the people with its recommendations and the house of the people may thereupon either accept or reject all or any of the recommendations of the council of states.
(3) if the house of the people accepts any of the recommendations of the council of states, the money bill shall be deemed to have been passed 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 been passed by both houses in the form in which it was passed by the house of the people without any of the amendments recommended by the council of states.
(5) if a money bill passed by the house of the people and transmitted to the council of states for its recommendations is not returned to the house of the people within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the house of the people. | 109 |
definition of “money bills”: (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. | 110 |
assent to bills: when a bill has been passed by the houses of parliament, it shall be presented to the president, and the president shall declare either that he assents to the bill, or that he withholds assent therefrom:
provided that the president may, as soon as possible after the presentation to him of a bill for assent, return the bill if it is not a money bill to the houses with a message requesting that they will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a bill is so returned, the houses shall reconsider the bill accordingly, and if the bill is passed again by the houses with or without amendment and presented to the president for assent, the president shall not withhold assent therefrom. | 111 |
annual financial statement: (1) the president shall in respect of every financial year cause to be laid before both the houses of parliament a statement of the estimated receipts and expenditure of the government of india for that year, in this part referred to as the “annual financial statement”.
(2) the estimates of expenditure embodied in the annual financial statement shall show separately —
(a) the sums required to meet expenditure described by this constitution as expenditure charged upon the consolidated fund of india; and
(b) the sums required to meet other expenditure proposed to be made from the consolidated fund of india,
and shall distinguish expenditure on revenue account from other expenditure.
(3) the following expenditure shall be expenditure charged on the consolidated fund of india —
(a) the emoluments and allowances of the president and other expenditure relating to his office;
(b) the salaries and allowances of the chairman and the deputy chairman of the council of states and the speaker and the deputy speaker of the house of the people;
(c) debt charges for which the government of india is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) (i) the salaries, allowances and 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. | 112 |
procedure in parliament with respect to estimates: (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of india shall not be submitted to the vote of parliament, but nothing in this clause shall be construed as preventing the discussion in either house of parliament of any of those estimates.
(2) so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the house of the people, and the house of the people shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) no demand for a grant shall be made except on the recommendation of the president. | 113 |
appropriation bills: (1) as soon as may be after the grants under article 113 have been made by the house of the people, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of india of all moneys required to meet —
(a) the grants so made by the house of the people; and
(b) the expenditure charged on the consolidated fund of india but not exceeding in any case the amount shown in the statement previously laid before parliament.
(2) no 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. | 114 |
supplementary, additional or excess grants: (1) the president shall —
(a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year 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. | 115 |
votes on account, votes of credit and exceptional grants: (1) notwithstanding anything in the foregoing provisions of this chapter, the house of the people shall have power —
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of india when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year;
and parliament shall have power to authorise by law the withdrawal of moneys from the consolidated fund of india for the purposes for which the said grants are made.
(2) the provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of india to meet such expenditure. | 116 |
special provisions as to financial bills: (1) a bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the president and a bill making such provision shall not be introduced in the council of states:
provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, 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. | 117 |
rules of procedure: (1) each house of parliament may make rules for regulating, subject to the provisions of this constitution, its procedure and the conduct of its business.
(2) until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this constitution with respect to the legislature of the dominion of india shall have effect in relation to parliament subject to such modifications and adaptations as may be made therein by the chairman of the council of states 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. | 118 |
regulation by law of procedure in parliament in relation to financial business: parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each house of parliament in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of india, and, if and so far as any provision of any law so made is inconsistent with any rule made by a house of parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to parliament under clause (2) of that article, such provision shall prevail. | 119 |
language to be used in parliament: (1) notwithstanding anything in part xvii, but subject to the provisions of article 348, business in parliament shall be transacted in hindi or in english:
provided that the chairman of the council of states or speaker of the house of the people, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in hindi or in english to address the house in his mother-tongue.
(2) unless parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words "or in english" were omitted therefrom. | 120 |
restriction on discussion in parliament: 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. | 121 |
courts not to inquire into proceedings of parliament: (1) the validity of any proceedings in parliament shall not be called in question on the ground of any alleged irregularity of procedure.
(2) no officer or member of parliament in whom powers are vested by or 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. | 122 |
power of president to promulgate ordinances during recess of parliament: (1) if at any time, except when both houses of parliament are in session, the president is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require.
(2) an ordinance promulgated under this article shall have the same force and effect as an act of parliament, but every such ordinance —
(a) shall be laid before both houses of parliament and shall cease to operate at the expiration of six weeks from the reassembly of parliament, or, if before the expiration of that period resolutions disapproving it are passed by both houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the president.
explanation.—where the houses of parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) if and so far as an ordinance under this article makes any provision which parliament would not under this constitution be competent to enact, it shall be void. | 123 |
establishment and constitution of supreme court: (1) there shall be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of not more than seven other judges.
(2) every judge of the supreme court shall be appointed by the president by warrant under his hand and seal after consultation with such of the judges of the supreme court and of the high courts in the states as the president may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
provided that in the case of appointment of a judge other than the chief justice, the chief justice of india shall always be consulted:
provided further that —
(a) a judge may, by writing under his hand addressed to the president, resign his office;
(b) a judge may be removed from his office in the manner 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. | 124 |
salaries, etc, of judges: (1) there shall be paid to the judges of the supreme court such salaries as may be determined by parliament by law and, until provision in that behalf is so made, such salaries as are specified in the second schedule.
(2) every judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such privileges, allowances and rights as are specified in the second schedule:
provided that neither the privileges 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. | 125 |
appointment of acting chief justice: when the office of chief justice of india is vacant or when the chief justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the president may appoint for the purpose. | 126 |
appointment of ad hoc judges: (1) if at any time there should not be a quorum of the judges of the supreme court available to hold or continue any session of the court, the chief justice of india may, with the previous consent of the president and after consultation with the chief justice of the high court concerned, request in writing the attendance at the sittings of the court, as an ad hoc judge, for such period as may be necessary, of a judge of a high court duly qualified for appointment as a judge of the supreme court to be designated by the chief justice of india.
(2) it shall be the duty of the judge who has been so designated, in priority to other duties of his office, to attend the sittings of the supreme court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a judge of the supreme court. | 127 |
attendance of retired judges at sittings of the supreme court: notwithstanding anything in this chapter, the chief justice of india may at any time, with the previous consent of the president, request any person who 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. | 128 |
supreme court to be a court of record: the supreme court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. | 129 |
seat of supreme court: the supreme court shall sit in delhi or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appoint. | 130 |
original jurisdiction of the supreme court: subject to the provisions of this constitution, the supreme court shall, to the exclusion of any other court, have original jurisdiction in any dispute —
(a) between the government of india and one or more states; or
(b) between the government of india and any state 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. | 131 |
appellate jurisdiction of supreme court in appeals from high courts in certain cases: (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.
(3) where such a certificate is given, any party in the case may appeal to the supreme court on the ground that any such question as aforesaid has been wrongly decided.
explanation.—for the 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. | 132 |
appellate jurisdiction of supreme court in appeals from high courts in regard to civil matters: (1) an appeal shall lie to the supreme court from any judgment, decree or final order in a civil proceeding of a high court in the territory of india if the high court certifies under article 134a—
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the high court the said question needs to be decided by the supreme court.
(2) notwithstanding anything in article 132, any party appealing to the supreme court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this constitution has been wrongly decided.
(3) notwithstanding anything in this article, no appeal shall, unless parliament by law otherwise provides, lie to the supreme court from the judgment, decree or final order of one judge of a high court. | 133 |
appellate jurisdiction of supreme court in regard to criminal matters: (1) an appeal shall lie to the supreme court from any judgment, final order or sentence in a criminal proceeding of a high court in the territory of india if the high court —
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) 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. | 134 |
certificate for appeal to the supreme court: every high court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134, —
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) 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. | 134A |
jurisdiction and powers of the federal court under existing law to be exercisable by the supreme court: until parliament by law otherwise provides, the supreme court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the federal court immediately before the commencement of this constitution under any existing law. | 135 |
special leave to appeal by the supreme court: (1) notwithstanding anything in this chapter, the supreme court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of india.
(2) nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the armed forces. | 136 |
review of judgments or orders by the supreme court: subject to the provisions of any law made by parliament or any rules made under article 145, the supreme court shall have power to review any judgment pronounced or order made by it. | 137 |
enlargement of the jurisdiction of the supreme court: (1) the supreme court shall have such further jurisdiction and powers with respect to any of the matters in the union list as parliament may by law confer.
(2) the supreme court shall have such further jurisdiction and powers with respect to any matter as the government of india and the government of any state may by special agreement confer, if parliament by law provides for the exercise of such jurisdiction and powers by the supreme court. | 138 |
conferment on the supreme court of powers to issue certain writs: parliament may by law confer on the supreme court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32. | 139 |
transfer of certain cases: (1) where cases involving the same or substantially the same questions of law are pending before the supreme court and one or more high courts or before two or more high courts and the supreme court is satisfied on its own motion or on an application made by the attorney-general of india or by a party to any such case that such questions are substantial questions of general importance, the supreme court may withdraw the case or cases pending before the high court 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. | 139A |
ancillary powers of supreme court: parliament may by law make provision for conferring upon the supreme court such supplemental powers not inconsistent with any of the provisions of this constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this constitution. | 140 |
law declared by supreme court to be binding on all courts: the law declared by the supreme court shall be binding on all courts within the territory of india. | 141 |
enforcement of decrees and orders of supreme court and orders as to discovery, etc: (1) the supreme court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed 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. | 142 |
power of president to consult supreme court: (1) if at any time it appears to the president that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the supreme court upon it, he may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the president its opinion thereon.
(2) the president may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the supreme court for opinion and the supreme court shall, after such hearing as it thinks fit, report to the president its opinion thereon. | 143 |
civil and judicial authorities to act in aid of the supreme court: all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. | 144 |
rules of court, etc: (1) subject to the provisions of any law made by parliament, the supreme court may from time to time, with the approval of the president, make rules for regulating generally the practice and procedure of the court including —
(a) rules as to the persons practising before the court;
(b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the court are to be entered;
(c) rules as to the proceedings in the court for the enforcement of any of the rights conferred by part iii;
(cc) rules as to the proceedings in the court under article 139a;
(d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;
(e) rules as to the conditions subject to which any 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. | 145 |
officers and servants and the expenses of the supreme court: (1) appointments of officers and servants of the supreme court shall be made by the chief justice of india or such other judge or officer of the court as he may direct:
provided that the president may by rule require that in such cases as may be specified in the rule, no person not already attached to the court shall be appointed to any office connected with the court, save after consultation with the union public service commission.
(2) subject to the provisions of any law made by parliament, the conditions of service of officers and servants of the supreme court shall be such as may be prescribed by rules made by the chief justice of india or by some other judge or officer of the court authorised by the chief justice of india to make rules for the purpose:
provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the president.
(3) the administrative expenses of the supreme court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the consolidated fund of india, and any fees or other moneys taken by the court shall form part of that fund. | 146 |
interpretation: in this chapter and in chapter v of part vi, references to any substantial question of law as to the interpretation of this constitution shall be construed as including references to any substantial question of law as to the interpretation of the government of india act, 1935 (including any enactment amending or supplementing that act), or of any order in council or order made thereunder, or of the indian independence act, 1947, or of any order made thereunder. | 147 |
comptroller and auditor-general of india: (1) there shall be a comptroller and auditor-general of india who shall be appointed by the president by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a judge of the supreme court.
(2) every person appointed to be the comptroller and auditor-general of india shall, before he enters upon his office, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule.
(3) the salary and other conditions of service of the comptroller and auditor-general shall be such as may be determined by parliament by law and, until they are so determined, shall be as specified in the second schedule:
provided that neither the salary of a comptroller and auditor-general nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
(4) the 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. | 148 |
duties and powers of the comptroller and auditor-general: the comptroller and auditor-general shall perform such duties and exercise such powers in relation to the accounts of the union and of the states and of any other authority or body as may be prescribed by or under any law made by parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the union and of the states as were conferred on or exercisable by the auditor-general of india immediately before the commencement of this constitution in relation to the accounts of the dominion of india and of the provinces respectively | 149 |
form of accounts of the union and of the states: the accounts of the union and of the states shall be kept in such form as the president may, on the advice of the comptroller and auditor-general of india, prescribe. | 150 |
audit reports: (1) the reports of the comptroller and auditor-general of india relating to the accounts of the union shall be submitted to the president, who shall cause them to be laid before each house of parliament.
(2) the 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. | 151 |
definition: in this part, unless the context otherwise requires, the expression “state” does not include the state of jammu and kashmir. | 152 |
governors of states: there shall be a governor for each state:
provided that nothing in this article shall prevent the appointment of the same person as governor for two or more states. | 153 |
executive power of state: (1) the executive power of the state shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution.
(2) nothing in this article shall —
(a) be deemed to transfer to the governor any functions conferred by any existing law on any other authority; or
(b) prevent parliament or the legislature of the state from conferring by law functions on any authority subordinate to the governor. | 154 |
appointment of governor: the governor of a state shall be appointed by the president by warrant under his hand and seal. | 155 |
term of office of governor: (1) the governor shall hold office during the pleasure of the president.
(2) the governor may, by writing under his hand addressed to the president, resign his office.
(3) subject to the foregoing provisions of this article, a governor shall hold office for a term of five years from the date on which he enters upon his office:
provided that a governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. | 156 |
qualifications for appointment as governor: no person shall be eligible for appointment as governor unless he is a citizen of india and has completed the age of thirty-five years. | 157 |
conditions of governor's office: (1) the governor shall not be a member of either house of parliament or of a house of the legislature of any state specified in the first schedule, and if a member of either house of parliament or of a house of the legislature of any such state be appointed governor, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as governor.
(2) the governor shall not hold any other office of profit.
(3) the governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule.
(3a) where the same person is appointed as governor of two or more states, the emoluments and allowances payable to the governor shall be allocated among the states in such proportion as the president may by order determine.]
(4) the emoluments and allowances of the governor shall not be diminished during his term of office. | 158 |
oath or affirmation by the governor: every governor and every person discharging the functions of the governor shall, before entering upon his office, make and subscribe in the presence of the chief justice of the high court exercising jurisdiction in relation to the state, or, in his absence, the seniormost judge of that court available, an oath or affirmation in the following form, that is to say —
“i, a. b., do swear in the name of god that i will faithfully execute the office of governor (or discharge the functions of the governor) of .............(name of the state) and will to the best of my ability preserve, protect and defend the constitution and the law and that i will devote myself to the service and well-being of the people of ..………(name of the state).” | 159 |
discharge of the functions of the governor in certain contingencies: the president may make such provision as he thinks fit for the discharge of the functions of the governor of a state in any contingency not provided for in this chapter. | 160 |
power of governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases: the governor of a state shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. | 161 |
extent of executive power of state: subject to the provisions of this constitution, the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws:
provided that in any matter with respect to which the legislature of a state and parliament have power to make laws, the executive power of the state shall be subject to, and limited by, the executive power expressly conferred by this constitution or by any law made by parliament upon the union or authorities thereof. | 162 |
council of ministers to aid and advise governor: (1) there shall be a council of ministers with the chief minister at the head to aid and advise the governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.
(2) if any question arises whether any matter is or is not a matter as respects which the governor is by or under this constitution required to act in his discretion, the decision of the governor in his discretion shall be final, and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) the question whether any, and if so what, advice was tendered by ministers to the governor shall not be inquired into in any court. | 163 |
other provisions as to ministers: (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor:
provided that in the states of 1 [chhattisgarh, jharkhand], madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work.
(1a) the total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed fifteen per cent. of the total number of members of the legislative assembly of that state: provided that the number of ministers, including the chief minister in a state shall not be less than twelve:
provided further that where the total number of ministers including the chief minister in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of ministers in that state shall be brought in conformity with the provisions of this clause within six months from such date as the president may by public notification appoint.
(1b) a member of the legislative assembly of a state or either house of the legislature of a state having legislative council belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the legislative assembly of a state or either house of the legislature of a state having legislative council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2) the council of ministers shall be collectively responsible to the legislative assembly of the state.
(3) before a minister enters upon his office, the governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the third schedule.
(4) a minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister.
(5) the salaries and allowances of ministers shall be such as the legislature of the state may from time to time by law determine and, until the legislature of the state so determines, shall be as specified in the second schedule. | 164 |
advocate-general for the state: (1) the governor of each state shall appoint a person who is qualified to be appointed a judge of a high court to be advocate-general for the state.
(2) it shall be the duty of the advocate-general to give advice to the government of the state upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the governor, and to discharge the functions conferred on him by or under this constitution or any other law for the time being in force.
(3) the advocate-general shall hold office during the pleasure of the governor, and shall receive such remuneration as the governor may determine. | 165 |
conduct of business of the government of a state: (1) all executive action of the government of a state shall be expressed to be taken in the name of the governor.
(2) orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor.
(3) the governor shall make rules for the more convenient transaction of the business of the government of the state, and for the allocation among ministers of the said business in so far as it is not business with respect to which the governor is by or under this constitution required to act in his discretion. | 166 |
duties of chief minister as respects the furnishing of information to governor, etc: it shall be the duty of the chief minister of each state —
(a) to communicate to the governor of the state all decisions of the council of ministers relating to the administration of the affairs of the state and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for; and
(c) if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. | 167 |
constitution of legislatures in states: (1) for every state there shall be a legislature which shall consist of the governor, and —
(a) in the states of andhra pradesh, bihar, madhya pradesh, maharashtra, karnataka, and uttar pradesh, two houses;
(b) in other states, one house.
(2) where there are two houses of the legislature of a state, one shall be known as the legislative council and the other as the legislative assembly, and where there is only one house, it shall be known as the legislative assembly. | 168 |
abolition or creation of legislative councils in states: (1) notwithstanding anything in article 168, parliament may by law provide for the abolition of the legislative council of a state having such a council or for the creation of such a council in a state having no such council, if the legislative assembly of the state passes a resolution to that effect by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members of the assembly present and voting.
(2) any law referred to in clause (1) shall contain such provisions for the amendment of this constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as parliament may deem necessary.
(3) no such law as aforesaid shall be deemed to be an amendment of this constitution for the purposes of article 368. | 169 |
composition of the legislative assemblies: (1) subject to the provisions of article 333, the legislative assembly of each state shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the state.
(2) for the purposes of clause (1), each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the state.
explanation.—in this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
provided that the reference in this explanation to the last preceding census of which the relevant figures have been published published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.
(3) upon the completion of each census, the total number of seats in the legislative assembly of each state and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine:
provided that such readjustment shall not affect representation in the legislative assembly until the dissolution of the then existing assembly:
provided further that such readjustment shall take effect from such date as the president may, by order, specify and until such readjustment takes effect, any election to the legislative assembly may be held on the basis of the territorial constituencies existing before such readjustment:
provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust— (i) the total number of seats in the legislative assembly of each state as readjusted on the basis of the 1971 census; and (ii) the division of such state into territorial constituencies as may be readjusted on the basis of the 2001 census, under this clause. | 170 |
composition of the legislative councils: (1) the total number of members in the legislative council of a state having such a council shall not exceed one-third of the total number of members in the legislative assembly of that state:
provided that the total number of members in the legislative council of a state shall in no case be less than forty.
(2) until parliament by law otherwise provides, the composition of the legislative council of a state shall be as provided in clause (3).
(3) of the total number of members of the legislative council of a state —
(a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the state as parliament may by law specify;
(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the state who have been for at least three years graduates of any university in the territory of india or have been for at least three years in possession of qualifications prescribed by or under any law made by parliament as equivalent to that of a graduate of any such university;
(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by parliament;
(d) as nearly as may be, one-third shall be elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly;
(e) the remainder shall be nominated by the governor in accordance with the provisions of clause (5).
(4) the members to be elected under sub-clauses ( a), ( b) and ( c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by parliament, and the elections under the said sub-clauses and under sub-clause ( d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.
(5) the members to be nominated by the governor under sub-clause ( e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: — literature, science, art, co-operative movement and social service. | 171 |
duration of state legislatures: (1) every legislative assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of 1 [five years] shall operate as a dissolution of the assembly: provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate.
(2) the legislative council of a state shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law. | 172 |
qualification for membership of the state legislature: a person shall not be qualified to be chosen to fill a seat in the legislature of a state unless he —
(a) is a citizen of india, and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the third schedule;
(b) is, in the case of a seat in the legislative assembly, not less than twenty-five years of age and, in the case of a seat in the legislative council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament. | 173 |
sessions of the state legislature, prorogation and dissolution: (1) the governor shall from time to time summon the house or each house of the legislature of the state to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) the governor may from time to time —
(a) prorogue the house or either house;
(b) dissolve the legislative assembly. | 174 |
right of governor to address and send messages to the house or houses: (1) the governor may address the legislative assembly or, in the case of a state having a legislative council, either house of the legislature of the state, or both houses assembled together, and may for that purpose require the attendance of members.
(2) the governor may send messages to the house or houses of the legislature of the state, whether with respect to a bill then pending in the legislature or otherwise, and a house to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. | 175 |
special address by the governor: (1) at the commencement of the first session after each general election to the legislative assembly and at the commencement of the first session of each year, the governor shall address the legislative assembly or, in the case of a state having a legislative council, both houses assembled together and inform the legislature of the causes of its summons.
(2) provision shall be made by the rules regulating the procedure of the house or either house for the allotment of time for discussion of the matters referred to in such address. | 176 |
rights of ministers and advocate general as respects the houses: every minister and the advocate-general for a state shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly of the state or, in the case of a state having a legislative council, both houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. | 177 |
the speaker and deputy speaker of the legislative assembly: every legislative assembly of a state shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may be. | 178 |
vacation and resignation of, and removal from, the offices of speaker and deputy speaker: a member holding office as speaker or deputy speaker of an assembly —
(a) shall vacate his office if he ceases to be a member of the assembly;
(b) may at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and
(c) may be removed from his office by a resolution of the assembly passed by a majority of all the then members of the assembly:
provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:
provided further that, whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution. | 179 |
power of the deputy speaker or other person to perform the duties of the office of, or to act as, speaker: (1) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the assembly as the governor may appoint for the purpose.
(2) during the absence of the speaker from any sitting of the assembly the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, if no such person is present, such other person as may be determined by the assembly, shall act as speaker. | 180 |
the speaker or the deputy speaker not to preside while a resolution for his removal from office is under consideration: (1) at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker, from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker, is absent.
(2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. | 181 |
the chairman and deputy chairman of the legislative council: the legislative council of every state having such council shall, as soon as may be, choose two members of the council to be respectively chairman and deputy chairman thereof and, so often as the office of chairman or deputy chairman becomes vacant, the council shall choose another member to be chairman or deputy chairman, as the case may be. | 182 |
vacation and resignation of, and removal from, the offices of chairman and deputy chairman: a member holding office as chairman or deputy chairman of a legislative council —
(a) shall vacate his office if he ceases to be a member of the council;
(b) may at any time by writing under his hand addressed, if such member is the chairman, to the deputy chairman, and if such member is the deputy chairman, to the chairman, resign his office; and
(c) may be removed from his office by a resolution of the council passed by a majority of all the then members of the council:
provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution. | 183 |
power of the deputy chairman or other person to perform the duties of the office of, or to act as, chairman: (1) while the office of chairman is vacant, the duties of the office shall be performed by the deputy chairman or, if the office of deputy chairman is also vacant, by such member of the council as the governor may appoint for the purpose.
(2) during the absence of the chairman from any sitting of the council the deputy chairman or, if he is also absent, such person as may be determined by the rules of procedure of the council, or, if no such person is present, such other person as may be determined by the council, shall act as chairman. | 184 |
the chairman or the deputy chairman not to preside while a resolution for his removal from office is under consideration: (1) at any sitting of the legislative council, while any resolution for the removal of the chairman from his office is under consideration, the chairman, or while any resolution for the removal of the deputy chairman from his office is under consideration, the deputy chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the chairman or, as the case may be, the deputy chairman is absent.
(2) the chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative council while any resolution for his removal from office is under consideration in the council and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. | 185 |
salaries and allowances of the speaker and deputy speaker and the chairman and deputy chairman: there shall be paid to the speaker and the deputy speaker of the legislative assembly, and to the chairman and the deputy chairman of the legislative council, such salaries and allowances as may be respectively fixed by the legislature of the state by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the second schedule. | 186 |
secretariat of state legislature: (1) the house or each house of the legislature of a state shall have a separate secretarial staff: provided that nothing in this clause shall, in the case of the legislature of a state having a legislative council, be construed as preventing the creation of posts common to both houses of such legislature.
(2) the legislature of a state may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the house or houses of the legislature of the state.
(3) until provision is made by the legislature of the state under clause (2), the governor may, after consultation with the speaker of the legislative assembly or the chairman of the legislative council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the assembly or the council, and any rules so made shall have effect subject to the provisions of any law made under the said clause. | 187 |