Constitution
Querist :
Anonymous
(Querist) 06 January 2011
This query is : Resolved
I want to know the basics of Constitution, though I have gone through the entire book but it is very difficult to understand the same.
I will be thankful to Learned Experts who can tell me in brief about the written will of the people of India.
From Art.1 to Art.398
Gulshan Tanwar
(Expert) 06 January 2011
"This information is downloaded from the website of Ministry of Law and Justice (Legislative Department)"
First of all that Last Art. is 395 and not 398.
PREAMBLE
PART I
THE UNION AND ITS TERRITORY
ARTICLES
1. Name and territory of the Union 2. Admission or establishment of new States 2A. [Repealed.]
3. Formation of new States and alteration of areas, boundaries or names
of existing States
4. Laws made under articles 2 and 3 to provide for the amendment of
the First and the Fourth Schedules and supplemental, incidental and
consequential matters
Gulshan Tanwar
(Expert) 06 January 2011
PART II
CITIZENSHIP
5. Citizenship at the commencement of the Constitution
6. Rights of citizenship of certain persons who have migrated to India
from Pakistan
7. Rights of citizenship of certain migrants to Pakistan
8. Rights of citizenship of certain persons of Indian origin residing
outside India
9. Persons voluntarily acquiring citizenship of a foreign State not to be
citizens
10. Continuance of the rights of citizenship
11. Parliament to regulate the right of citizenship by law
Gulshan Tanwar
(Expert) 06 January 2011
PART III
FUNDAMENTAL RIGHTS
General
12. Definition
13. Laws inconsistent with or in derogation of the fundamental rights
Right to Equality
14. Equality before law
15. Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth
16. Equality of opportunity in matters of public employment
17. Abolition of Untouchability
18. Abolition of titles
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty
21A. Right to education
22. Protection against arrest and detention in certain cases
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation
of religion
26. Freedom to manage religious affairs
27. Freedom as to payment of taxes for promotion of any particular
religion
28. Freedom as to attendance at religious instruction or religious worship
in certain educational institutions
Cultural and Educational Rights
29. Protection of interests of minorities
30. Right of minorities to establish and administer educational
institutions
31. [Repealed.]
Saving of Certain Laws
31A. Saving of Laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations
31C. Saving of laws giving effect to certain directive principles
31D. [Repealed.]
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part
32A. [Repealed.]
33. Power of Parliament to modify the rights conferred by this Part in
their application to Forces, etc.
34. Restriction on rights conferred by this Part while martial law is in
force in any area
35. Legislation to give effect to the provisions of this Part
(ii) Contents
Gulshan Tanwar
(Expert) 06 January 2011
PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
ARTICLES ........................................................................................................... PAGES
36. Definition
37. Application of the principles contained in this Part
38. State to secure a social order for the promotion of welfare of the people
39. Certain principles of policy to be followed by the State
39A. Equal justice and free legal aid
40. Organisation of village panchayats
41. Right to work, to education and to public assistance in certain cases
42. Provision for just and humane conditions of work and maternity relief
43. Living wage, etc., for workers
43A. Participation of workers in management of industries
44. Uniform civil code for the citizens
45. Provision for free and compulsory education for children
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health
48. Organisation of agriculture and animal husbandry
48A. Protection and improvement of environment and safeguarding of forests and wild life
49. Protection of monuments and places and objects of national importance
50. Separation of judiciary from executive
51. Promotion of international peace and security
Gulshan Tanwar
(Expert) 06 January 2011
PART IVA
FUNDAMENTAL DUTIES
51A. Fundamental duties
Gulshan Tanwar
(Expert) 06 January 2011
PART V
THE UNION
CHAPTER I.—THE EXECUTIVE
The President and Vice-President
52. The President of India
53. Executive power of the Union
54. Election of President
55. Manner of election of President
56. Term of office of President
57. Eligibility for re-election
58. Qualifications for election as President
59. Conditions of President’s office
Contents (iii)
ARTICLES
60. Oath or affirmation by the President
61. Procedure for impeachment of the President
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
63. The Vice-President of India
64. The Vice-President to be ex officio Chairman of the Council of States
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
66. Election of Vice-President
67. Term of office of Vice-President
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
69. Oath or affirmation by the Vice-President
70. Discharge of President’s functions in other contingencies
71. Matters relating to, or connected with, the election of a President or
Vice-President
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases
73. Extent of executive power of the Union
Council of Ministers
74. Council of Ministers to aid and advise President
75. Other provisions as to Ministers
The Attorney-General for India
76. Attorney-General for India
Conduct of Government Business
77. Conduct of business of the Government of India
78. Duties of Prime Minister as respects the furnishing of information to
the President, etc.
CHAPTER II.—PARLIAMENT
General
79. Constitution of Parliament
80. Composition of the Council of States
81. Composition of the House of the People
82. Readjustment after each census
83. Duration of Houses of Parliament
84. Qualification for membership of Parliament
85. Sessions of Parliament, prorogation and dissolution
86. Right of President to address and send messages to Houses
87. Special address by the President
88. Rights of Ministers and Attorney-General as respects Houses
(iv) Contents
Officers of Parliament
ARTICLES
89. The Chairman and Deputy Chairman of the Council of States
90. Vacation and resignation of, and removal from, the office of Deputy
Chairman
91. Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
93. The Speaker and Deputy Speaker of the House of the People
94. Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker
95. Power of the Deputy Speaker or other person to perform the duties
of the office of, or to act as, Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
97. Salaries and allowances of the Chairman and Deputy Chairman and
the Speaker and Deputy Speaker
98. Secretariat of Parliament
Conduct of Business
99. Oath or affirmation by members
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Disqualifications of Members
101. Vacation of seats
102. Disqualifications for membership
103. Decision on questions as to disqualifications of members
104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof
106. Salaries and allowances of members
Legislative Procedure
107. Provisions as to introduction and passing of Bills
108. Joint sitting of both Houses in certain cases
109. Special procedure in respect of Money Bills
110. Definition of “Money Bills”
111. Assent to Bills
Procedure in Financial Matters
112. Annual financial statement
113. Procedure in Parliament with respect to estimates
Contents (v)
ARTICLES
114. Appropriation Bills
115. Supplementary, additional or excess grants
116. Votes on account, votes of credit and exceptional grants
117. Special provisions as to financial Bills
Procedure Generally
118. Rules of procedure
119. Regulation by law of procedure in Parliament in relation to financial
business
120. Language to be used in Parliament
121. Restriction on discussion in Parliament
122. Courts not to inquire into proceedings of Parliament
CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of
Parliament
CHAPTER IV.—THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court
125. Salaries, etc., of Judges
126. Appointment of acting Chief Justice
127. Appointment of ad hoc judges
128. Attendance of retired Judges at sittings of the Supreme Court
129. Supreme Court to be a court of record
130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court
131A. [Repealed.]
132. Appellate jurisdiction of Supreme Court in appeals from High Courts
in certain cases
133. Appellate jurisdiction of Supreme Court in appeals from High Courts
in regard to Civil matters
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
134A. Certificate for appeal to the Supreme Court
135. Jurisdiction and powers of the Federal Court under existing law to
be exercisable by the Supreme Court
136. Special leave to appeal by the Supreme Court
137. Review of judgments or orders by the Supreme Court
138. Enlargement of the jurisdiction of the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs
139A. Transfer of certain cases
140. Ancillary powers of Supreme Court
141. Law declared by Supreme Court to be binding on all courts
142. Enforcement of decrees and orders of Supreme Court and orders as
to discovery, etc.
143. Power of President to consult Supreme Court
144. Civil and judicial authorities to act in aid of the Supreme Court
144A. [Repealed.]
(vi) Contents
ARTICLES
145. Rules of Court, etc.
146. Officers and servants and the expenses of the Supreme Court
147. Interpretation
CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA
148. Comptroller and Auditor-General of India
149. Duties and powers of the Comptroller and Auditor-General
150. Form of accounts of the Union and of the States
151. Audit reports
Gulshan Tanwar
(Expert) 06 January 2011
PART VI
THE STATES
CHAPTER I.—GENERAL
152. Definition
CHAPTER II.—THE EXECUTIVE
The Governor
153. Governors of States
154. Executive power of State
155. Appointment of Governor
156. Term of office of Governor
157. Qualifications for appointment as Governor
158. Conditions of Governor’s office
159. Oath or affirmation by the Governor
160. Discharge of the functions of the Governor in certain contingencies
161. Power of Governor to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases
162. Extent of executive power of State
Council of Ministers
163. Council of Ministers to aid and advise Governor
164. Other provisions as to Ministers
The Advocate-General for the State
165. Advocate-General for the State
Conduct of Government Business
166. Conduct of business of the Government of a State
167. Duties of Chief Minister as respects the furnishing of information to
Governor, etc.
CHAPTER III.—THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States
169. Abolition or creation of Legislative Councils in States
Contents (vii)
ARTICLES
170. Composition of the Legislative Assemblies
171. Composition of the Legislative Councils
172. Duration of State Legislatures
173. Qualification for membership of the State Legislature
174. Sessions of the State Legislature, prorogation and dissolution
175. Right of Governor to address and send messages to the House or Houses
176. Special address by the Governor
177. Rights of Ministers and Advocate-General as respects the Houses
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly
179. Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
182. The Chairman and Deputy Chairman of the Legislative Council
183. Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman
184. Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
186. Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman
187. Secretariat of State Legislature
Conduct of Business
188. Oath or affirmation by members
189. Voting in Houses, power of Houses to act notwithstanding vacancies
and quorum
Disqualifications of Members
190. Vacation of seats
191. Disqualifications for membership
192. Decision on questions as to disqualifications of members
193. Penalty for sitting and voting before making oath or affirmation under
article 188 or when not qualified or when disqualified
Powers, Privileges and Immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof
195. Salaries and allowances of members
(viii) Contents
Legislative Procedure
ARTICLES
196. Provisions as to introduction and passing of Bills
197. Restriction on powers of Legislative Council as to Bills other than
Money Bills
198. Special procedure in respect of Money Bills
199. Definition of “Money Bills”
200. Assent to Bills
201. Bills reserved for consideration
Procedure in Financial Matters
202. Annual financial statement
203. Procedure in Legislature with respect to estimates
204. Appropriation Bills
205. Supplementary, additional or excess grants
206. Votes on account, votes of credit and exceptional grants
207. Special provisions as to financial Bills
Procedure Generally
208. Rules of procedure
209. Regulation by law of procedure in the Legislature of the State in
relation to financial business
210. Language to be used in the Legislature
211. Restriction on discussion in the Legislature
212. Courts not to inquire into proceedings of the Legislature
CHAPTER IV.—LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinances during recess of
Legislature
CHAPTER V.—THE HIGH COURTS IN THE STATES
214. High Courts for States
215. High Courts to be courts of record
216. Constitution of High Courts
217. Appointment and conditions of the office of a Judge of a High Court
218. Application of certain provisions relating to Supreme Court to High
Courts
219. Oath or affirmation by Judges of High Courts
220. Restriction on practice after being a permanent Judge
221. Salaries, etc., of Judges
222. Transfer of a Judge from one High Court to another
223. Appointment of acting Chief Justice
224. Appointment of additional and acting Judges
224A. Appointment of retired Judges at sittings of High Courts
225. Jurisdiction of existing High Courts
226. Power of High Courts to issue certain writs
226A. [Repealed.]
227. Power of superintendence over all courts by the High Court
Contents (ix)
ARTICLES
228. Transfer of certain cases to High Court
228A. [Repealed.]
229. Officers and servants and the expenses of High Courts
230. Extension of jurisdiction of High Courts to Union territories
231. Establishment of a common High Court for two or more States
CHAPTER VI.—SUBORDINATE COURTS
233. Appointment of district judges
233A. Validation of appointments of, and judgments, etc., delivered by,
certain district judges
234. Recruitment of persons other than district judges to the judicial
service
235. Control over subordinate courts
236. Interpretation
237. Application of the provisions of this Chapter to certain class or
classes of magistrates
Gulshan Tanwar
(Expert) 06 January 2011
PART VII
THE STATES IN PART B OF THE FIRST SCHEDULE
238. [Repealed.]
Gulshan Tanwar
(Expert) 06 January 2011
PART VIII
THE UNION TERRITORIES
239. Administration of Union territories
239A. Creation of local Legislatures or Council of Ministers or both for
certain Union territories
239AA. Special provisions with respect to Delhi
239AB. Provision in case of failure of constitutional machinery
239B. Power of administrator to promulgate Ordinances during recess of
Legislature
240. Power of President to make regulations for certain Union
territories
241. High Courts for Union territories
242. [Repealed.]
Gulshan Tanwar
(Expert) 06 January 2011
PART IX
THE PANCHAYATS
243. Definitions
243A. Gram Sabha
243B. Constitution of Panchayats
243C. Composition of Panchayats
243D. Reservation of seats
243E. Duration of Panchayats, etc.
243F. Disqualifications for membership
243G. Powers, authority and responsibilities of Panchayats
243H. Powers to impose taxes by, and Funds of, the Panchayats
(x) Contents
ARTICLES
243-I. Constitution of Finance Commission to review financial position
243J. Audit of accounts of Pachayats
243K. Elections to the Panchayats
243L. Application to Union territories
243M. Part not to apply to certain areas
243N. Continuance of existing laws and Panchayats
243-O. Bar to interference by courts in electoral matters
Gulshan Tanwar
(Expert) 06 January 2011
PART IXA
THE MUNICIPALITIES
243P. Definitions
243Q. Constitution of Municipalities
243R. Composition of Municipalities
243S. Constitution and composition of Wards Committees, etc.
243T. Reservation of seats
243U. Duration of Municipalities, etc.
243V. Disqualifications for membership
243W. Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities
243Y. Finance Commission
243Z. Audit of accounts of Municipalities
243ZA. Elections to the Municipalities
243ZB. Application to Union territories
243ZC. Part not to apply to certain areas
243ZD. Committee for district planning
243ZE. Committee for Metropolitan planning
243ZF. Continuance of existing laws and Municipalities
243ZG. Bar to interference by Courts in electoral matters
Gulshan Tanwar
(Expert) 06 January 2011
PART X
THE SCHEDULED AND TRIBAL AREAS
244. Administration of Scheduled Areas and Tribal Areas
244A. Formation of an autonomous State comprising certain tribal areas in
Assam and creation of local Legislature or Council of Ministers or both therefor
Gulshan Tanwar
(Expert) 06 January 2011
PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.—LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. Extent of laws made by Parliament and by the Legislatures of States
246. Subject-matter of laws made by Parliament and by the Legislatures
of States
Contents (xi)
ARTICLES
247. Power of Parliament to provide for the establishment of certain
additional courts
248. Residuary powers of legislation
249. Power of Parliament to legislate with respect to a matter in the State
List in the national interest
250. Power of Parliament to legislate with respect to any matter in the
State List if a Proclamation of Emergency is in operation
251. Inconsistency between laws made by Parliament under articles 249
and 250 and laws made by the Legislatures of States
252. Power of Parliament to legislate for two or more States by consent and
adoption of such legislation by any other State
253. Legislation for giving effect to international agreements
254. Inconsistency between laws made by Parliament and laws made
by the Legislatures of States
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
CHAPTER II.—ADMINISTRATIVE RELATIONS
General
256. Obligation of States and the Union
257. Control of the Union over States in certain cases
257A. [Repealed.]
258. Power of the Union to confer powers, etc., on States in certain cases
258A. Power of the States to entrust functions to the Union
259. [Repealed.]
260. Jurisdiction of the Union in relation to territories outside India ......... 158
261. Public acts, records and judicial proceedings
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys
Co-ordination between States
263. Provisions with respect to an inter-State Council
Gulshan Tanwar
(Expert) 06 January 2011
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER I.—FINANCE
General
264. Interpretation
265. Taxes not to be imposed save by authority of law
266. Consolidated Funds and public accounts of India and of the States
(xii) Contents
ARTICLES
267. Contingency Fund
Distribution of Revenues between the Union and the States
268. Duties levied by the Union but collected and appropriated by the
States
268A. Service tax levied by Union and collected and appropriated by the
Union and the States
269. Taxes levied and collected by the Union but assigned to the States
270. Taxes levied and distributed between the Union and the States
271. Surcharge on certain duties and taxes for purposes of the Union
272. [Repealed.]
273. Grants in lieu of export duty on jute and jute products
274. Prior recommendation of President required to Bills affecting
taxation in which States are interested
275. Grants from the Union to certain States
276. Taxes on professions, trades, callings and employments
277. Savings
278. [Repealed.]
279. Calculation of “net proceeds”, etc.
280. Finance Commission
281. Recommendations of the Finance Commission
Miscellaneous Financial Provisions
282. Expenditure defrayable by the Union or a State out of its revenues
283. Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts
284. Custody of suitors’ deposits and other moneys received by public
servants and courts
285. Exemption of property of the Union from State taxation
286. Restrictions as to imposition of tax on the sale or purchase of goods
287. Exemption from taxes on electricity
288. Exemption from taxation by States in respect of water or electricity
in certain cases
289. Exemption of property and income of a State from Union taxation
290. Adjustment in respect of certain expenses and pensions
290A. Annual payment to certain Devaswom Funds
291. [Repealed.]
CHAPTER II.—BORROWING
292. Borrowing by the Government of India
293. Borrowing by States
CHAPTER III.—PROPERTY, CONTRACTS, RIGHTS,
LIABILITIES, OBLIGATIONS AND SUITS
294. Succession to property, assets, rights, liabilities and obligations in
certain cases
Contents (xiii)
ARTICLES
295. Succession to property, assets, rights, liabilities and obligations in
other cases
296. Property accruing by escheat or lapse or as bona vacantia
297. Things of value within territorial waters or continental shelf and
resources of the exclusive economic zone to vest in the Union
298. Power to carry on trade, etc.
299. Contracts
300. Suits and proceedings
CHAPTER IV.—RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law
Gulshan Tanwar
(Expert) 06 January 2011
PART XIII
TRADE, COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
301. Freedom of trade, commerce and intercourse
302. Power of Parliament to impose restrictions on trade, commerce and
intercourse
303. Restrictions on the legislative powers of the Union and of the States
with regard to trade and commerce
304. Restrictions on trade, commerce and intercourse among States ......... 179-180
305. Saving of existing laws and laws providing for State monopolies ..... 180
306. [Repealed.]
307. Appointment of authority for carrying out the purposes of articles 301 to 304
Gulshan Tanwar
(Expert) 06 January 2011
PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.—SERVICES
308. Interpretation
309. Recruitment and conditions of service of persons serving the Union
or a State
310. Tenure of office of persons serving the Union or a State
311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State
312. All-India services
312A. Power of Parliament to vary or revoke conditions of service of
officers of certain services
313. Transitional provisions
314. [Repealed.]
CHAPTER II.—PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States
316. Appointment and term of office of members
(xiv) Contents
ARTICLES
317. Removal and suspension of a member of a Public Service
Commission
318. Power to make regulations as to conditions of service of members
and staff of the Commission
319. Prohibition as to the holding of offices by members of Commission
on ceasing to be such members
320. Functions of Public Service Commissions
321. Power to extend functions of Public Service Commissions
322. Expenses of Public Service Commissions
323. Reports of Public Service Commissions
Gulshan Tanwar
(Expert) 06 January 2011
PART XIVA
TRIBUNALS
323A. Administrative tribunals
323B. Tribunals for other matter
Gulshan Tanwar
(Expert) 06 January 2011
PART XV
ELECTIONS
324. Superintendence, direction and control of elections to be vested
in an Election Commission
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
327. Power of Parliament to make provision with respect to elections to Legislatures
328. Power of Legislature of a State to make provision with respect to elections to such Legislature
329. Bar to interference by courts in electoral matters
329A. [Repealed.]
Gulshan Tanwar
(Expert) 06 January 2011
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
331. Representation of the Anglo-Indian community in the House of the People
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States
334. Reservation of seats and special representation to cease after sixty years
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts
336. Special provision for Anglo-Indian community in certain services
Contents (xv)
ARTICLES
337. Special provision with respect to educational grants for the benefit
of Anglo-Indian Community
338. National Commission for Scheduled Castes
338A. National Commission for Scheduled Tribes
339. Control of the Union over the Administration of Scheduled Areas
and the welfare of Scheduled Tribes
340. Appointment of a Commission to investigate the conditions of backward classes
341. Scheduled Castes
342. Scheduled Tribes
Gulshan Tanwar
(Expert) 06 January 2011
PART XVII
OFFICIAL LANGUAGE
CHAPTER I.—LANGUAGE OF THE UNION
343. Official language of the Union
344. Commission and Committee of Parliament on official language
CHAPTER II.—REGIONAL LANGUAGES
345. Official language or languages of a State
346. Official language for communication between one State and another or between a State and the Union
347. Special provision relating to language spoken by a section of the
population of a State
CHAPTER III.—LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
349. Special procedure for enactment of certain laws relating to language
CHAPTER IV.—SPECIAL DIRECTIVES
350. Language to be used in representations for redress of grievances
350A. Facilities for instruction in mother-tongue at primary stage
350B. Special Officer for linguistic minorities
351. Directive for development of the Hindi language
Gulshan Tanwar
(Expert) 06 January 2011
PART XVIII
EMERGENCY PROVISIONS
352. Proclamation of Emergency
353. Effect of Proclamation of Emergency 354. Application of provisions relating to distribution of revenues while a
Proclamation of Emergency is in operation
355. Duty of the Union to protect States against external aggression and internal disturbance.
356. Provisions in case of failure of constitutional machinery in States
(xvi) Contents
ARTICLES
357. Exercise of legislative powers under Proclamation issued under
article 356
358. Suspension of provisions of article 19 during emergencies
359. Suspension of the enforcement of the rights conferred by Part III
during emergencies
359A. [Repealed.]
360. Provisions as to financial emergency
Gulshan Tanwar
(Expert) 06 January 2011
PART XIX
MISCELLANEOUS
361. Protection of President and Governors and Rajpramukhs
361A. Protection of publication of proceedings of Parliament and State
Legislatures
361B. Disqualification for appointment on remunerative political post
362. [Repealed.]
363. Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy
purses to be abolished
364. Special provisions as to major ports and aerodromes
365. Effect of failure to comply with, or to give effect to, directions given
by the Union
366. Definitions
367. Interpretation
Gulshan Tanwar
(Expert) 06 January 2011
PART XX
AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure therefor
Gulshan Tanwar
(Expert) 06 January 2011
PART XXI
TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to certain
matters in the State List as if they were matters in the Concurrent List
370. Temporary provisions with respect to the State of Jammu and Kashmir
371. Special provision with respect to the States of Maharashtra and Gujarat
371A. Special provision with respect to the State of Nagaland
371B. Special provision with respect to the State of Assam
371C. Special provision with respect to the State of Manipur
371D. Special provisions with respect to the State of Andhra Pradesh
371E. Establishment of Central University in Andhra Pradesh
371F. Special provisions with respect to the State of Sikkim
371G. Special provision with respect to the State of Mizoram
371H. Special provision with respect to the State of Arunachal Pradesh
Contents (xvii)
ARTICLES
371-I. Special provision with respect to the State of Goa
372. Continuance in force of existing laws and their adaptation
372A. Power of the President to adapt laws
373. Power of President to make order in respect of persons under
preventive detention in certain cases
374. Provisions as to Judges of the Federal Court and proceedings pending
in the Federal Court or before His Majesty in Council
375. Courts, authorities and officers to continue to function subject to the
provisions of the Constitution
376. Provisions as to Judges of High Courts
377. Provisions as to Comptroller and Auditor-General of India
378. Provisions as to Public Service Commissions
378A. Special provision as to duration of Andhra Pradesh Legislative
Assembly
379-391. [Repealed.]
392. Power of the President to remove difficulties
Gulshan Tanwar
(Expert) 06 January 2011
PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORITATIVE
TEXT IN HINDI AND REPEALS
393. Short title
394. Commencement
394A. Authoritative text in the Hindi language
395. Repeals
Gulshan Tanwar
(Expert) 06 January 2011
SCHEDULES
FIRST SCHEDULE
I. The States
II. The Union territories
SECOND SCHEDULE
Part A—Provisions as to the President and the Governors of States
Part B—[Repealed.]
Part C—Provisions as to the Speaker and the Deputy Speaker of the House
of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State
Part D—Provisions as to the Judges of the Supreme Court and of the High Courts.
Part E—Provisions as to the Comptroller and Auditor-General of India
THIRD SCHEDULE— Forms of Oaths or Affirmations
FOURTH SCHEDULE—Allocation of seats in the Council of States
FIFTH SCHEDULE—Provisions as to the Administration and Control of
Scheduled Areas and Scheduled Tribes
Part A—General
Part B—Administration and Control of Scheduled Areas and Scheduled
Tribes
Part C— Scheduled Areas
Part D—Amendment of the Schedule
SIXTH SCHEDULE—Provisions as to the Administration of Tribal Areas in the
States of Assam, Meghalaya, Tripura and Mizoram
SEVENTH SCHEDULE—
List I —Union List
List II—State List
List III—Concurrent List
EIGHTH SCHEDULE—Languages
NINTH SCHEDULE—Validation of certain Acts and Regulations
TENTH SCHEDULE—Provisions as to disqualification on ground of defection
ELEVENTH SCHEDULE—Powers, authority and responsibilities of Panchayats
TWELFTH SCHEDULE—Powers, authority and responsibilities of Municipalities,
etc.
Gulshan Tanwar
(Expert) 06 January 2011
APPENDIX
APPENDIX I—The Constitution (Application to Jammu and Kashmir) Order, 1954
APPENDIX II—Re-statement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir
Gulshan Tanwar
(Expert) 06 January 2011
SEVENTH SCHEDULE
(Article 246)
List I—Union List
1. Defence of India and every part thereof including preparation for
defence and all such acts as may be conducive in times of war to its prosecution
and after its termination to effective demobilisation.
2. Naval, military and air forces; any other armed forces of the Union.
1[2A. Deployment of any armed force of the Union or any other force
subject to the control of the Union or any contingent or unit thereof in any
State in aid of the civil power; powers, jurisdiction, privileges and liabilities
of the members of such forces while on such deployment.]
3. Delimitation of cantonment areas, local self-government in such areas,
the constitution and powers within such areas of cantonment authorities and
the regulation of house accommodation (including the control of rents) in
such areas.
4. Naval, military and air force works.
5. Arms, firearms, ammunition and explosives.
6. Atomic energy and mineral resources necessary for its production.
7. Industries declared by Parliament by law to be necessary for the
purpose of defence or for the prosecution of war.
8. Central Bureau of Intelligence and Investigation.
9. Preventive detention for reasons connected with Defence, Foreign
Affairs, or the security of India; persons subjected to such detention.
10. Foreign affairs; all matters which bring the Union into relation with
any foreign country.
11. Diplomatic, consular and trade representation.
12. United Nations Organisation.
13. Participation in international conferences, associations and other
bodies and implementing of decisions made thereat.
14. Entering into treaties and agreements with foreign countries and
implementing of treaties, agreements and conventions with foreign countries.
315
1Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
15. War and peace.
16. Foreign jurisdiction.
17. Citizenship, naturalisation and aliens.
18. Extradition.
19. Admission into, and emigration and expulsion from, India; passports
and visas.
20. Pilgrimages to places outside India.
21. Piracies and crimes committed on the high seas or in the air; offences
against the law of nations committed on land or the high seas or in the air.
22. Railways.
23. Highways declared by or under law made by Parliament to be national
highways.
24. Shipping and navigation on inland waterways, declared by Parliament
by law to be national waterways, as regards mechanically propelled vessels;
the rule of the road on such waterways.
25. Maritime shipping and navigation, including shipping and navigation
on tidal waters; provision of education and training for the mercantile marine
and regulation of such education and training provided by States and other
agencies.
26. Lighthouses, including lightships, beacons and other provision for
the safety of shipping and aircraft.
27. Ports declared by or under law made by Parliament or existing law
to be major ports, including their delimitation, and the constitution and
powers of port authorities therein.
28. Port quarantine, including hospitals connected therewith; seamen’s
and marine hospitals.
29. Airways; aircraft and air navigation; provision of aerodromes;
regulation and organisation of air traffic and of aerodromes; provision for
aeronautical education and training and regulation of such education and
training provided by States and other agencies.
30. Carriage of passengers and goods by railway, sea or air, or by national
waterways in mechanically propelled vessels.
31. Posts and telegraphs; telephones, wireless, broadcasting and other
like forms of communication.
32. Property of the Union and the revenue therefrom, but as regards
property situated in a State 1*** subject to legislation by the State, save in so
far as Parliament by law otherwise provides.
2* * * * *
34. Courts of wards for the estates of Rulers of Indian States.
35. Public debt of the Union.
36. Currency, coinage and legal tender; foreign exchange.
37. Foreign loans.
38. Reserve Bank of India.
39. Post Office Savings Bank.
40. Lotteries organised by the Government of India or the Government of
a State.
41. Trade and commerce with foreign countries; import and export across
customs frontiers; definition of customs frontiers.
42. Inter-State trade and commerce.
43. Incorporation, regulation and winding up of trading corporations,
including banking, insurance and financial corporations, but not including
co-operative societies.
44. Incorporation, regulation and winding up of corporations, whether
trading or not, with objects not confined to one State, but not including
universities.
45. Banking.
46. Bills of exchange, cheques, promissory notes and other like instruments.
47. Insurance.
48. Stock exchanges and futures markets.
49. Patents, inventions and designs; copyright; trade-marks and
merchandise marks.
50. Establishment of standards of weight and measure.
1The words and letters “specified in Part A or Part B of the First Schedule but” omitted
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
2Entry 33 omitted by s. 26, ibid.
51. Establishment of standards of quality for goods to be exported out of
India or transported from one State to another.
52. Industries, the control of which by the Union is declared by Parliament
by law to be expedient in the public interest.
53. Regulation and development of oilfields and mineral oil resources;
petroleum and petroleum products; other liquids and substances declared by
Parliament by law to be dangerously inflammable.
54. Regulation of mines and mineral development to the extent to which
such regulation and development under the control of the Union is declared
by Parliament by law to be expedient in the public interest.
55. Regulation of labour and safety in mines and oilfields.
56. Regulation and development of inter-State rivers and river valleys to
the extent to which such regulation and development under the control of
the Union is declared by Parliament by law to be expedient in the public
interest.
57. Fishing and fisheries beyond territorial waters.
58. Manufacture, supply and distribution of salt by Union agencies;
regulation and control of manufacture, supply and distribution of salt by
other agencies.
59. Cultivation, manufacture, and sale for export, of opium.
60. Sanctioning of cinematograph films for exhibition.
61. Industrial disputes concerning Union employees.
62. The institutions known at the commencement of this Constitution as
the National Library, the Indian Museum, the Imperial War Museum, the
Victoria Memorial and the Indian War Memorial, and any other like institution
financed by the Government of India wholly or in part and declared by
Parliament by law to be an institution of national importance.
63. The institutions known at the commencement of this Constitution as
the Benares Hindu University, the Aligarh Muslim University and the 1[Delhi
University; the University established in pursuance of article 371E;] any other
institution declared by Parliament by law to be an institution of national
importance.
1Subs. by the Constitution (Thirty-second Amendment) Act, 1973, s. 4, for “Delhi
University and” (w.e.f. 1-7-1974).
64. Institutions for scientific or technical education financed by the
Government of India wholly or in part and declared by Parliament by law to
be institutions of national importance.
65. Union agencies and institutions for—
(a) professional, vocational or technical training, including the
training of police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection
of crime.
66. Co-ordination and determination of standards in institutions for higher
education or research and scientific and technical institutions.
67. Ancient and historical monuments and records, and archaeological
sites and remains, 1[declared by or under law made by Parliament] to be of
national importance.
68. The Survey of India, the Geological, Botanical, Zoological and
Anthropological Surveys of India; Meteorological organisations.
69. Census.
70. Union Public Service; All-India Services; Union Public Service
Commission.
71. Union pensions, that is to say, pensions payable by the Government
of India or out of the Consolidated Fund of India.
72. Elections to Parliament, to the Legislatures of States and to the offices
of President and Vice-President; the Election Commission.
73. Salaries and allowances of members of Parliament, the Chairman and
Deputy Chairman of the Council of States and the Speaker and Deputy
Speaker of the House of the People.
74. Powers, privileges and immunities of each House of Parliament and
of the members and the Committees of each House; enforcement of attendance
of persons for giving evidence or producing documents before committees of
Parliament or commissions appointed by Parliament.
75. Emoluments, allowances, privileges, and rights in respect of leave of
absence, of the President and Governors; salaries and allowances of the
1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law”.
Ministers for the Union; the salaries, allowances, and rights in respect of leave
of absence and other conditions of service of the Comptroller and Auditor-
General.
76. Audit of the accounts of the Union and of the States.
77. Constitution, organisation, jurisdiction and powers of the Supreme
Court (including contempt of such Court), and the fees taken therein; persons
entitled to practise before the Supreme Court.
78. Constitution and organisation 1[(including vacations)] of the High
Courts except provisions as to officers and servants of High Courts; persons
entitled to practise before the High Courts.
2[79. Extension of the jurisdiction of a High Court to, and exclusion of the
jurisdiction of a High Court from, any Union territory.]
80. Extension of the powers and jurisdiction of members of a police force
belonging to any State to any area outside that State, but not so as to enable
the police of one State to exercise powers and jurisdiction in any area outside
that State without the consent of the Government of the State in which such
area is situated; extension of the powers and jurisdiction of members of a
police force belonging to any State to railway areas outside that State.
81. Inter-State migration; inter-State quarantine.
82. Taxes on income other than agricultural income.
83. Duties of customs including export duties.
84. Duties of excise on tobacco and other goods manufactured or produced
in India except—
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics,
but including medicinal and toilet preparations containing alcohol or any
substance included in sub-paragraph (b) of this entry.
85. Corporation tax.
86. Taxes on the capital value of the assets, exclusive of agricultural land,
of individuals and companies; taxes on the capital of companies.
1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 12 (with retrospective
effect).
2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for entry 79.
87. Estate duty in respect of property other than agricultural land.
88. Duties in respect of succession to property other than agricultural
land.
89. Terminal taxes on goods or passengers, carried by railway, sea or air;
taxes on railway fares and freights.
90. Taxes other than stamp duties on transactions in stock exchanges
and futures markets.
91. Rates of stamp duty in respect of bills of exchange, cheques,
promissory notes, bills of lading, letters of credit, policies of insurance, transfer
of shares, debentures, proxies and receipts.
92. Taxes on the sale or purchase of newspapers and on advertisements
published therein.
1[92A. Taxes on the sale or purchase of goods other than newspapers,
where such sale or purchase takes place in the course of inter-State trade or
commerce.]
2[92B. Taxes on the consignments of goods (whether the consignment is
to the person making it or to any other person), where such consignment takes
place in the course of inter-State trade or commerce.]
*[92C. Taxes on services.]
93. Offences against laws with respect to any of the matters in this List.
94. Inquiries, surveys and statistics for the purpose of any of the matters
in this List.
95. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List; admiralty jurisdiction.
96. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
97. Any other matter not enumerated in List II or List III including any
tax not mentioned in either of those Lists.
List II—State List
1. Public order (but not including 3[the use of any naval, military or air
force or any other armed force of the Union or of any other force subject to
1Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 2.
2Ins. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 5.
*Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, s. 4 (which is yet not in
force, date to be notified later on).
3Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for certain
words (w.e.f. 3-1-1977).
the control of the Union or of any contingent or unit thereof] in aid of the civil power).
1[2. Police (including railway and village police) subject to the provisions
of entry 2A of List I.]
3. 2***Officers and servants of the High Court; procedure in rent and
revenue courts; fees taken in all courts except the Supreme Court.
4. Prisons, reformatories, Borstal institutions and other institutions of a
like nature, and persons detained therein; arrangements with other States for
the use of prisons and other institutions.
5. Local government, that is to say, the constitution and powers of
municipal corporations, improvement trusts, districts boards, mining
settlement authorities and other local authorities for the purpose of local selfgovernment
or village administration.
6. Public health and sanitation; hospitals and dispensaries.
7. Pilgrimages, other than pilgrimages to places outside India.
8. Intoxicating liquors, that is to say, the production, manufacture,
possession, transport, purchase and sale of intoxicating liquors.
9. Relief of the disabled and unemployable.
10. Burials and burial grounds; cremations and cremation grounds.
3* * * * *
12. Libraries, museums and other similar institutions controlled or
financed by the State; ancient and historical monuments and records other
than those 4[declared by or under law made by Parliament] to be of national
importance.
13. Communications, that is to say, roads, bridges, ferries, and other
means of communication not specified in List I; municipal tramways; ropeways;
inland waterways and traffic thereon subject to the provisions of List I and
List III with regard to such waterways; vehicles other than mechanically
propelled vehicles.
1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 57, for entry 2
(w.e.f. 3-1-1977).
2Certain words omitted by s. 57, ibid. (w.e.f. 3-1-1977).
3Entry 11 omitted by s. 57, ibid. (w.e.f. 3-1-1977).
4Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law”.
14. Agriculture, including agricultural education and research, protection
against pests and prevention of plant diseases.
15. Preservation, protection and improvement of stock and prevention of
animal diseases; veterinary training and practice.
16. Pounds and the prevention of cattle trespass.
17. Water, that is to say, water supplies, irrigation and canals, drainage
and embankments, water storage and water power subject to the provisions
of entry 56 of List I.
18. Land, that is to say, rights in or over land, land tenures including the
relation of landlord and tenant, and the collection of rents; transfer and
alienation of agricultural land; land improvement and agricultural loans;
colonization.
1* * * * *
21. Fisheries.
22. Courts of wards subject to the provisions of entry 34 of List I;
encumbered and attached estates.
23. Regulation of mines and mineral development subject to the provisions
of List I with respect to regulation and development under the control of the
Union.
24. Industries subject to the provisions of 2[entries 7 and 52] of List I.
25. Gas and gas-works.
26. Trade and commerce within the State subject to the provisions of
entry 33 of List III.
27. Production, supply and distribution of goods subject to the provisions
of entry 33 of List III.
28. Markets and fairs.
1* * * * *
30. Money-lending and money-lenders; relief of agricultural indebtedness.
31. Inns and inn-keepers.
1Entries 19, 20 and 29 omitted by the Constitution (Forty-second Amendment) Act,
1976, s. 57 (w.e.f. 3-1-1977).
2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 28, for “entry 52”.
32. Incorporation, regulation and winding up of corporations, other than
those specified in List I, and universities; unincorporated trading, literary,
scientific, religious and other societies and associations; co-operative societies.
33. Theatres and dramatic performances; cinemas subject to the provisions
of entry 60 of List I; sports, entertainments and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in the possession of the State.
1* * * * *
37. Elections to the Legislature of the State subject to the provisions of
any law made by Parliament.
38. Salaries and allowances of members of the Legislature of the State, of
the Speaker and Deputy Speaker of the Legislative Assembly and, if there is
a Legislative Council, of the Chairman and Deputy Chairman thereof.
39. Powers, privileges and immunities of the Legislative Assembly and
of the members and the committees thereof, and, if there is a Legislative
Council, of that Council and of the members and the committees thereof;
enforcement of attendance of persons for giving evidence or producing
documents before committees of the Legislature of the State.
40. Salaries and allowances of Ministers for the State.
41. State public services; State Public Service Commission.
42. State pensions, that is to say, pensions payable by the State or out of
the Consolidated Fund of the State.
43. Public debt of the State.
44. Treasure trove.
45. Land revenue, including the assessment and collection of revenue,
the maintenance of land records, survey for revenue purposes and records of
rights, and alienation of revenues.
46. Taxes on agricultural income.
47. Duties in respect of succession to agricultural land.
48. Estate duty in respect of agricultural land.
1Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, s. 26.
49. Taxes on lands and buildings.
50. Taxes on mineral rights subject to any limitations imposed by
Parliament by law relating to mineral development.
51. Duties of excise on the following goods manufactured or produced in
the State and countervailing duties at the same or lower rates on similar
goods manufactured or produced elsewhere in India:—
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics;
but not including medicinal and toilet preparations containing alcohol or any
substance included in sub-paragraph (b) of this entry.
52. Taxes on the entry of goods into a local area for consumption, use or
sale therein.
53. Taxes on the consumption or sale of electricity.
1[54. Taxes on the sale or purchase of goods other than newspapers,
subject to the provisions of entry 92A of List I.]
55. Taxes on advertisements other than advertisements published in the
newspapers 2[and advertisements broadcast by radio or television].
56. Taxes on goods and passengers carried by road or on inland
waterways.
57. Taxes on vehicles, whether mechanically propelled or not, suitable for
use on roads, including tramcars subject to the provisions of entry 35 of
List III.
58. Taxes on animals and boats.
59. Tolls.
60. Taxes on professions, trades, callings and employments.
61. Capitation taxes.
62. Taxes on luxuries, including taxes on entertainments, amusements,
betting and gambling.
63. Rates of stamp duty in respect of documents other than those specified
in the provisions of List I with regard to rates of stamp duty.
1 Subs. by the Constitution (Sixth Amendment) Act, 1956, s. 2, for entry 54.
2 Ins. by the Constitution (Forty–second Amendment) Act, 1976, s. 57 (w.e.f.
3-1-1977).
64. Offences against laws with respect to any of the matters in this List.
65. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List.
66. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
List III—Concurrent List
1. Criminal law, including all matters included in the Indian Penal Code
at the commencement of this Constitution but excluding offences against
laws with respect to any of the matters specified in List I or List II and
excluding the use of naval, military or air forces or any other armed forces
of the Union in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of
Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a
State, the maintenance of public order, or the maintenance of supplies and
services essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons
and persons subjected to preventive detention for reasons specified in entry
3 of this List.
5. Marriage and divorce; infants and minors; adoption; wills, intestacy
and succession; joint family and partition; all matters in respect of which
parties in judicial proceedings were immediately before the commencement
of this Constitution subject to their personal law.
6. Transfer of property other than agricultural land; registration of deeds
and documents.
7. Contracts, including partnership, agency, contracts of carriage, and
other special forms of contracts, but not including contracts relating to
agricultural land.
8. Actionable wrongs.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official trustees.
1[11A. Administration of Justice; constitution and organisation of all
courts, except the Supreme Court and the High Courts.]
12. Evidence and oaths; recognition of laws, public acts and records, and
judicial proceedings.
13. Civil procedure, including all matters included in the Code of Civil
Procedure at the commencement of this Constitution, limitation and
arbitration.
14. Contempt of court, but not including contempt of the Supreme Court.
15. Vagrancy; nomadic and migratory tribes.
16. Lunacy and mental deficiency, including places for the reception or
treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
1[17A. Forests.
17B. Protection of wild animals and birds.]
18. Adulteration of foodstuffs and other goods.
19. Drugs and poisons, subject to the provisions of entry 59 of List I with
respect to opium.
20. Economic and social planning.
1[20A. Population control and family planning.]
21. Commercial and industrial monopolies, combines and trusts.
22. Trade unions; industrial and labour disputes.
23. Social security and social insurance; employment and unemployment.
24. Welfare of labour including conditions of work, provident funds,
employers’ liability, workmen’s compensation, invalidity and old age pensions
and maternity benefits.
2[25. Education, including technical education, medical education and
universities, subject to the provisions of entries 63, 64, 65 and 66 of List I;
vocational and technical training of labour.]
26. Legal, medical and other professions.
1Ins. by the Constitution (Forty–second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
2 Subs. by s. 57, ibid., for entry 25 (w.e.f. 3-1-1977).
27. Relief and rehabilitation of persons displaced from their original
place of residence by reason of the setting up of the Dominions of India and
Pakistan.
28. Charities and charitable institutions, charitable and religious
endowments and religious institutions.
29. Prevention of the extension from one State to another of infectious or
contagious diseases or pests affecting men, animals or plants.
30. Vital statistics including registration of births and deaths.
31. Ports other than those declared by or under law made by Parliament
or existing law to be major ports.
32. Shipping and navigation on inland waterways as regards
mechanically propelled vessels, and the rule of the road on such waterways,
and the carriage of passengers and goods on inland waterways subject to the
provisions of List I with respect to national waterways.
1[33. Trade and commerce in, and the production, supply and distribution
of,—
(a) the products of any industry where the control of such industry
by the Union is declared by Parliament by law to be expedient in the
public interest, and imported goods of the same kind as such products;
(b) foodstuffs, including edible oilseeds and oils;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton, whether ginned or unginned, and cotton seed; and
(e) raw jute.]
2[33A. Weights and measures except establishment of standards.]
34. Price control.
35. Mechanically propelled vehicles including the principles on which
taxes on such vehicles are to be levied.
36. Factories.
37. Boilers.
38. Electricity.
1Subs. by the Constitution (Third Amendment) Act, 1954, s. 2, for entry 33.
2Ins. by the Constitution (Forty–second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977).
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other than those 1[declared by or
under law made by Parliament] to be of national importance.
41. Custody, management and disposal of property (including agricultural
land) declared by law to be evacuee property.
2[42. Acquisition and requisitioning of property.]
43. Recovery in a State of claims in respect of taxes and other public
demands, including arrears of land-revenue and sums recoverable as such
arrears, arising outside that State.
44. Stamp duties other than duties or fees collected by means of judicial
stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified
in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees
taken in any court.
1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law”.
2Subs. by s. 26, ibid., for entry 42.
THE CONSTITUTION OF INDIA
(Seventh Schedule)
Gulshan Tanwar
(Expert) 06 January 2011
EIGHTH SCHEDULE
[Articles 344 (1) and 351]
Languages
1. Assamese.
2. Bengali.
1[3. Bodo.
4. Dogri.]
2[5.] Gujarati.
3[6.] Hindi.
3[7.] Kannada.
3[8.] Kashmiri.
4[3[9.] Konkani.]
1[10. Maithili.]
5[11.] Malayalam.
4[6[12.] Manipuri.]
6[13.] Marathi.
4[6[14.] Nepali.]
6[15.] Oriya.
6[16.] Punjabi.
6[17.] Sanskrit.
1[18. Santhali.]
7[8[19.] Sindhi.]
9[20.] Tamil.
9[21.] Telugu.
9[22.] Urdu.
1Ins. by the Constitution (Ninety-second Amendment) Act, 2003, s. 2.
2Entry 3 renumbered as entry 5 by s. 2, ibid.
3Entries 4 to 7 renumbered as entries 6 to 9 by s. 2, ibid.
4Ins. by the Constitution (Seventy-first Amendment) Act, 1992, s. 2.
5Entry 8 renumbered as entry 11 by the Constitution (Ninety-second Amendment) Act,
2003, s. 2.
6Entries 9 to 14 renumbered as entries 12 to 17 by s. 2, ibid.
7Added by the Constitution (Twenty-first Amendment) Act, 1967, s. 2.
8Entry 15 renumbered as entry 19 by the Constitution (Ninety-second Amendment) Act,
2003, s. 2.
9Entries 16 to 18 renumbered as entries 20 to 22 by s. 2, ibid.
Gulshan Tanwar
(Expert) 06 January 2011
1[NINTH SCHEDULE
(Article 31B)
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act
LXVII of 1948).
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of
1949).
4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII
of 1949).
5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act
LXIII of 1949).
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).
7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950
(Bombay Act LX of 1950).
8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals,
Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951).
9. The Madras Estates (Abolition and Conversion into Ryotwari) Act,
1948 (Madras Act XXVI of 1948).
10. The Madras Estates (Abolition and Conversion into Ryotwari)
Amendment Act, 1950 (Madras Act I of 1950).
11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(Uttar Pradesh Act I of 1951).
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of
1358, Fasli).
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of
1359, Fasli).]
2[14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land)
Act, 1950 (Bihar Act XXXVIII of 1950).
15. The United Provinces Land Acquisition (Rehabilitation of Refugees)
Act, 1948 (U.P. Act XXVI of 1948).
331
1Added by the Constitution (First Amendment) Act, 1951, s. 14.
2Added by the Constitution (Fourth Amendment) Act, 1955, s. 5.
16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
(Act LX of 1948).
17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as
inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of
1950).
18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of
1951).
19. Chapter III-A of the Industries (Development and Regulation) Act,
1951 (Act LXV of 1951), as inserted by section 13 of the Industries
(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).
20. The West Bengal Land Development and Planning Act, 1948 (West
Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.]
1[21. The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961
(Andhra Pradesh Act X of 1961).
22. The Andhra Pradesh (Telangana Area) Tenancy and Agricultural
Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).
23. The Andhra Pradesh (Telangana Area) Ijara and Kowli Land
Cancellation of Irregular Pattas and Abolition of Concessional Assessment
Act, 1961 (Andhra Pradesh Act XXXVI of 1961).
24. The Assam State Acquisition of Lands belonging to Religious or
Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961).
25. The Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of
1954).
26. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) Act, 1961 (Bihar Act XII of 1962), (except section 28 of this
Act).
27. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954
(Bombay Act I of 1955).
28. The Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957
(Bombay Act XVIII of 1958).
29. The Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act
XCVIII of 1958).
1Added by the Constitution (Seventeenth Amendment) Act, 1964, s. 3.
THE CONSTITUTION OF INDIA
(Ninth Schedule)
332
30. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Act, 1960 (Gujarat Act XVI of 1960).
31. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act XXVI
of 1961).
32. The Sagbara and Mehwassi Estates (Proprietary Rights Abolition,
etc.) Regulation, 1962 (Gujarat Regulation I of 1962).
33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act
XXXIII of 1963), except in so far as this Act relates to an alienation referred
to in sub-clause (d) of clause (3) of section 2 thereof.
34. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
(Maharashtra Act XXVII of 1961).
35. The Hyderabad Tenancy and Agricultural Lands (Re-enactment,
Validation and Further Amendment) Act, 1961 (Maharashtra Act XLV of 1961).
36. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad
Act XXI of 1950).
37. The Jenmikaram Payment (Abolition) Act, 1960 (Kerala Act III of
1961).
38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961).
39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964).
40. The Madhya Pradesh Land Revenue Code, 1959 (Madhya Pradesh
Act XX of 1959).
41. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960
(Madhya Pradesh Act XX of 1960).
42. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act
XXV of 1955).
43. The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956
(Madras Act XXIV of 1956).
44. The Madras Occupants of Kudiyiruppu (Protection from Eviction)
Act, 1961 (Madras Act XXXVIII of 1961).
45. The Madras Public Trusts (Regulation of Administration of
Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
333
46. The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961
(Madras Act LVIII of 1961).
47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).
48. The Coorg Tenants Act, 1957 (Mysore Act XIV of 1957).
49. The Mysore Village Offices Abolition Act, 1961 (Mysore Act XIV of
1961).
50. The Hyderabad Tenancy and Agricultural Lands (Validation) Act,
1961 (Mysore Act XXXVI of 1961).
51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962).
52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960).
53. The Orissa Merged Territories (Village Offices Abolition) Act, 1963
(Orissa Act X of 1963).
54. The Punjab Security of Land Tenures Act, 1953 (Punjab Act X of 1953).
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).
56. The Rajasthan Zamindari and Biswedari Abolition Act, 1959
(Rajasthan Act VIII of 1959).
57. The Kumaun and Uttarakhand Zamindari Abolition and Land Reforms
Act, 1960 (Uttar Pradesh Act XVII of 1960).
58. The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960
(Uttar Pradesh Act I of 1961).
59. The West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of
1954).
60. The West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956).
61. The Delhi Land Reforms Act, 1954 (Delhi Act VIII of 1954).
62. The Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of 1960).
63. The Manipur Land Revenue and Land Reforms Act, 1960 (Central Act
33 of 1960).
64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act
43 of 1960).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
334
1[65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of
1969).
66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of
1971).]
2[67. The Andhra Pradesh Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973 (Andhra Pradesh Act 1 of 1973).
68. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1972 (Bihar Act 1 of 1973).
69. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1973 (Bihar Act IX of 1973).
70. The Bihar Land Reforms (Amendment) Act, 1972 (Bihar Act V of
1972).
71. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972
(Gujarat Act 2 of 1974).
72. The Haryana Ceiling on Land Holdings Act, 1972 (Haryana Act 26
of 1972).
73. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (Himachal
Pradesh Act 19 of 1973).
74. The Kerala Land Reforms (Amendment) Act, 1972 (Kerala Act 17 of
1972).
75. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1972 (Madhya Pradesh Act 12 of 1974).
76. The Madhya Pradesh Ceiling on Agricultural Holdings (Second
Amendment) Act, 1972 (Madhya Pradesh Act 13 of 1974).
77. The Mysore Land Reforms (Amendment) Act, 1973 (Karnataka Act 1
of 1974).
78. The Punjab Land Reforms Act, 1972 (Punjab Act 10 of 1973).
79. The Rajasthan Imposition of Ceiling on Agricultural Holdings Act,
1973 (Rajasthan Act 11 of 1973).
80. The Gudalur Janmam Estates (Abolition and Conversion into
Ryotwari) Act, 1969 (Tamil Nadu Act 24 of 1969).
1Ins. by the Constitution (Twenty-ninth Amendment) Act, 1972, s. 2.
2Ins. by the Constitution (Thirty-fourth Amendment) Act, 1974, s. 2.
THE CONSTITUTION OF INDIA
(Ninth Schedule)
335
81. The West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal
Act XII of 1972).
82. The West Bengal Estates Acquisition (Amendment) Act, 1964 (West
Bengal Act XXII of 1964).
83. The West Bengal Estates Acquisition (Second Amendment) Act, 1973
(West Bengal Act XXXIII of 1973).
84. The Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Act, 1972 (Gujarat Act 5 of 1973).
85. The Orissa Land Reforms (Amendment) Act, 1974 (Orissa Act 9 of
1974).
86. The Tripura Land Revenue and Land Reforms (Second Amendment)
Act,1974 (Tripura Act 7 of 1974).]
1[2* * * * *
88. The Industries (Development and Regulation) Act, 1951 (Central Act
65 of 1951).
89. The Requisitioning and Acquisition of Immovable Property Act, 1952
(Central Act 30 of 1952).
90. The Mines and Minerals (Regulation and Development) Act, 1957
(Central Act 67 of 1957).
91. The Monopolies and Restrictive Trade Practices Act, 1969 (Central
Act 54 of 1969).
2* * * * *
93. The Coking Coal Mines (Emergency Provisions) Act, 1971 (Central
Act 64 of 1971).
94. The Coking Coal Mines (Nationalisation) Act, 1972 (Central Act 36
of 1972).
95. The General Insurance Business (Nationalisation) Act, 1972 (Central
Act 57 of 1972).
96. The Indian Copper Corporation (Acquisition of Undertaking) Act,
1972 (Central Act 58 of 1972).
1Ins. by the Constitution (Thirty-ninth Amendment) Act, 1976, s. 5.
2Entries 87 and 92 omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 44 (w.e.f. 20-6-1979).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
336
97. The Sick Textile Undertakings (Taking Over of Management) Act,
1972 (Central Act 72 of 1972).
98. The Coal Mines (Taking Over of Management) Act, 1973 (Central Act
15 of 1973).
99. The Coal Mines (Nationalisation) Act, 1973 (Central Act 26 of 1973).
100. The Foreign Exchange Regulation Act, 1973 (Central Act 46 of 1973).
101. The Alcock Ashdown Company Limited (Acquisition of
Undertakings) Act, 1973 (Central Act 56 of 1973).
102. The Coal Mines (Conservation and Development) Act, 1974 (Central
Act 28 of 1974).
103. The Additional Emoluments (Compulsory Deposit) Act, 1974 (Central
Act 37 of 1974).
104. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 (Central Act 52 of 1974).
105. The Sick Textile Undertakings (Nationalisation) Act, 1974 (Central
Act 57 of 1974).
106. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1964 (Maharashtra Act XVI of 1965).
107. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1965 (Maharashtra Act XXXII of 1965).
108. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1968 (Maharashtra Act XVI of 1968).
109. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second
Amendment) Act, 1968 (Maharashtra Act XXXIII of 1968).
110. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1969 (Maharashtra Act XXXVII of 1969).
111. The Maharashtra Agricultural Lands (Ceiling on Holdings) (Second
Amendment) Act, 1969 (Maharashtra Act XXXVIII of 1969).
112. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1970 (Maharashtra Act XXVII of 1970).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
337
113. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1972 (Maharashtra Act XIII of 1972).
114. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1973 (Maharashtra Act L of 1973).
115. The Orissa Land Reforms (Amendment) Act, 1965 (Orissa Act 13 of
1965).
116. The Orissa Land Reforms (Amendment) Act, 1966 (Orissa Act 8 of
1967).
117. The Orissa Land Reforms (Amendment) Act, 1967 (Orissa Act 13 of
1967).
118. The Orissa Land Reforms (Amendment) Act, 1969 (Orissa Act 13 of
1969).
119. The Orissa Land Reforms (Amendment) Act, 1970 (Orissa Act 18 of
1970).
120. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972 (Uttar Pradesh Act 18 of 1973).
121. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1974 (Uttar Pradesh Act 2 of 1975).
122. The Tripura Land Revenue and Land Reforms (Third Amendment)
Act, 1975 (Tripura Act 3 of 1975).
123.The Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of
1971).
124. The Dadra and Nagar Haveli Land Reforms (Amendment)
Regulation, 1973 (5 of 1973).]
1[125. Section 66A and Chapter IVA of the Motor Vehicles Act, 19392
(Central Act 4 of 1939).
126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).
127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of
Property) Act, 1976 (Central Act 13 of 1976).
128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of
1976).
1Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3.
2See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
338
129. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities (Amendment) Act, 1976 (Central Act 20 of 1976).
1* * * *
131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31
of 1976).
132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33
of 1976).
133. The Departmentalisation of Union Accounts (Transfer of Personnel)
Act, 1976 (Central Act 59 of 1976).
134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam
Act I of 1957).
135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region)
Act, 1958 (Bombay Act XCIX of 1958).
136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14
of 1973).
137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976
(Haryana Act 17 of 1976).
138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972
(Himachal Pradesh Act 8 of 1974).
139. The Himachal Pradesh Village Common Lands Vesting and Utilization
Act, 1974 (Himachal Pradesh Act 18 of 1974).
140. The Karnataka Land Reforms (Second Amendment and
Miscellaneous Provisions) Act, 1974 (Karnataka Act 31 of 1974).
141. The Karnataka Land Reforms (Second Amendment) Act, 1976
(Karnataka Act 27 of 1976).
142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966).
143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19
of 1969).
144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of
1969).
1Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44
(w.e.f. 20-6-1979).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
339
145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act,
1971 (Kerala Act 20 of 1971).
146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala
Act 26 of 1971).
147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974).
148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29
of 1974).
149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).
150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and
Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).
151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of
1976).
152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).
153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1974 (Madhya Pradesh Act 20 of 1974).
154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1975 (Madhya Pradesh Act 2 of 1976).
155. The West Khandesh Mehwassi Estates (Proprietary Rights Abolition,
etc.) Regulation, 1961 (Maharashtra Regulation 1 of 1962).
156. The Maharashtra Restoration of Lands to Scheduled Tribes Act,
1974 (Maharashtra Act XIV of 1975).
157. The Maharashtra Agricultural Lands (Lowering of Ceiling on
Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).
158. The Maharashtra Private Forest (Acquisition) Act, 1975 (Maharashtra
Act XXIX of 1975).
159. The Maharashtra Agricultural Lands (Lowering of Ceiling on
Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII
of 1975).
160. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1975 (Maharashtra Act II of 1976).
161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).
162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
340
163. The Rajasthan Land Reforms and Acquisition of Landowners’ Estates
Act, 1963 (Rajasthan Act 11 of 1964).
164. The Rajasthan Imposition of Ceiling on Agricultural Holdings
(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).
165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12
of 1976).
166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,
1970 (Tamil Nadu Act 17 of 1970).
167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).
168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).
169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).
170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third
Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).
171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth
Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).
172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth
Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).
173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth
Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).
174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).
175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third
Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).
176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).
177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).
178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
341
179. Amendments made to the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pradesh
Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971) and the
Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh Act 34 of
1974).
180. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).
181. The West Bengal Land Reforms (Second Amendment) Act, 1972
(West Bengal Act XXVIII of 1972).
182. The West Bengal Restoration of Alienated Land Act, 1973 (West
Bengal Act XXIII of 1973).
183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal
Act XXXIII of 1974).
184. The West Bengal Land Reforms (Amendment) Act, 1975 (West Bengal
Act XXIII of 1975).
185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal
Act XII of 1976).
186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central
Act 15 of 1976).
187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act,
1975 (Goa, Daman and Diu Act 1 of 1976).
188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act,
1973 (Pondicherry Act 9 of 1974).]
1[189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam
Act XXIII of 1971).
190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act,
1974 (Assam Act XVIII of 1974).
191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Amending Act, 1974 (Bihar Act 13 of 1975).
192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).
193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).
1Entries 189 to 202 ins. by the Constitution (Forty-seventh Amendment) Act, 1984, s. 2
(w.e.f. 26-8-1984).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
342
194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of
1980).
195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977
(Haryana Act 14 of 1977).
196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).
197. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).
198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act,
1978 (Uttar Pradesh Act 15 of 1978).
199. The West Bengal Restoration of Alienated Land (Amendment) Act,
1978 (West Bengal Act XXIV of 1978).
200. The West Bengal Restoration of Alienated Land (Amendment) Act,
1980 (West Bengal Act LVI of 1980).
201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa,
Daman and Diu Act 7 of 1964).
202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment)
Act, 1976 (Goa, Daman and Diu Act 17 of 1976).]
1[203. The Andhra Pradesh Scheduled Areas Land Transfer Regulation,
1959 (Andhra Pradesh Regulation 1 of 1959).
204. The Andhra Pradesh Scheduled Areas Laws (Extension and
Amendment) Regulation, 1963 (Andhra Pradesh Regulation 2 of 1963).
205. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1970 (Andhra Pradesh Regulation 1 of 1970).
206. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1971 (Andhra Pradesh Regulation 1 of 1971).
207. The Andhra Pradesh Scheduled Areas Land Transfer (Amendment)
Regulation, 1978 (Andhra Pradesh Regulation 1 of 1978).
208. The Bihar Tenancy Act, 1885 (Bihar Act 8 of 1885).
209. The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) (Chapter
VIII—sections 46, 47, 48, 48A and 49; Chapter X—sections 71, 71A and 71B;
and Chapter XVIII—sections 240, 241 and 242).
1Entries 203 to 257 ins. by the Constitution (Sixty-sixth Amendment) Act, 1990, s. 2.
THE CONSTITUTION OF INDIA
(Ninth Schedule)
343
210. The Santhal Parganas Tenancy (Supplementary Provisions) Act,
1949 (Bihar Act 14 of 1949) except section 53.
211. The Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation 1 of
1969).
212. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1982 (Bihar Act 55 of 1982).
213. The Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat Act 16
of 1969).
214. The Gujarat Tenancy Laws (Amendment) Act, 1976 (Gujarat Act 37
of 1976).
215. The Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976
(President’s Act 43 of 1976).
216. The Gujarat Devasthan Inams Abolition (Amendment) Act, 1977
(Gujarat Act 27 of 1977).
217. The Gujarat Tenancy Laws (Amendment) Act, 1977 (Gujarat Act 30
of 1977).
218. The Bombay Land Revenue (Gujarat Second Amendment) Act, 1980
(Gujarat Act 37 of 1980).
219. The Bombay Land Revenue Code and Land Tenure Abolition Laws
(Gujarat Amendment) Act, 1982 (Gujarat Act 8 of 1982).
220. The Himachal Pradesh Transfer of Land (Regulation) Act, 1968
(Himachal Pradesh Act 15 of 1969).
221. The Himchal Pradesh Transfer of Land (Regulation) (Amendment)
Act, 1986 (Himachal Pradesh Act 16 of 1986).
222. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition
of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979).
223. The Kerala Land Reforms (Amendment) Act, 1978 (Kerala Act 13 of
1978).
224. The Kerala Land Reforms (Amendment) Act, 1981 (Kerala Act 19 of
1981).
225. The Madhya Pradesh Land Revenue Code (Third Amendment) Act,
1976 (Madhya Pradesh Act 61 of 1976).
226. The Madhya Pradesh Land Revenue Code (Amendment) Act, 1980
(Madhya Pradesh Act 15 of 1980).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
344
227. The Madhya Pradesh Akrishik Jot Uchchatam Seema Adhiniyam,
1981 (Madhya Pradesh Act 11 of 1981).
228. The Madhya Pradesh Ceiling on Agricultural Holdings (Second
Amendment) Act, 1976 (Madhya Pradesh Act 1 of 1984).
229. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1984 (Madhya Pradesh Act 14 of 1984).
230. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1989 (Madhya Pradesh Act 8 of 1989).
231. The Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of
1966), sections 36, 36A and 36B.
232. The Maharashtra Land Revenue Code and the Maharashtra
Restoration of Lands to Scheduled Tribes (Second Amendment) Act, 1976
(Maharashtra Act 30 of 1977).
233. The Maharashtra Abolition of Subsisting Proprietary Rights to Mines
and Minerals in certain Lands Act, 1985 (Maharashtra Act 16 of 1985).
234. The Orissa Scheduled Areas Transfer of Immovable Property (by
Scheduled Tribes) Regulation, 1956 (Orissa Regulation 2 of 1956).
235. The Orissa Land Reforms (Second Amendment) Act, 1975 (Orissa
Act 29 of 1976).
236. The Orissa Land Reforms (Amendment) Act, 1976 (Orissa Act 30 of
1976).
237. The Orissa Land Reforms (Second Amendment) Act, 1976 (Orissa
Act 44 of 1976).
238. The Rajasthan Colonisation (Amendment) Act, 1984 (Rajasthan Act
12 of 1984).
239. The Rajasthan Tenancy (Amendment) Act, 1984 (Rajasthan Act 13
of 1984).
240. The Rajasthan Tenancy (Amendment) Act, 1987 (Rajasthan Act 21
of 1987).
241. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1979 (Tamil Nadu Act 8 of 1980).
242. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1980 (Tamil Nadu Act 21 of 1980).
THE CONSTITUTION OF INDIA
(Ninth Schedule)
345
243. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1981 (Tamil Nadu Act 59 of 1981).
244. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1983 (Tamil Nadu Act 2 of 1984).
245. The Uttar Pradesh Land Laws (Amendment) Act, 1982 (Uttar Pradesh
Act 20 of 1982).
246. The West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal
Act 18 of 1965).
247. The West Bengal Land Reforms (Amendment) Act, 1966 (West Bengal
Act 11 of 1966).
248. The West Bengal Land Reforms (Second Amendment) Act, 1969
(West Bengal Act 23 of 1969).
249. The West Bengal Estate Acquisition (Amendment) Act, 1977 (West
Bengal Act 36 of 1977).
250. The West Bengal Land Holding Revenue Act, 1979 (West Bengal Act
44 of 1979).
251. The West Bengal Land Reforms (Amendment) Act, 1980 (West Bengal
Act 41 of 1980).
252. The West Bengal Land Holding Revenue (Amendment) Act, 1981
(West Bengal Act 33 of 1981).
253. The Calcutta Thikka Tenancy (Acquisition and Regulation) Act,
1981 (West Bengal Act 37 of 1981).
254. The West Bengal Land Holding Revenue (Amendment) Act, 1982
(West Bengal Act 23 of 1982).
255. The Calcutta Thikka Tenancy (Acquisition and Regulation)
(Amendment) Act, 1984 (West Bengal Act 41 of 1984).
256. The Mahe Land Reforms Act, 1968 (Pondicherry Act 1 of 1968).
257. The Mahe Land Reforms (Amendment) Act, 1980 (Pondicherry
Act 1 of 1981).]
THE CONSTITUTION OF INDIA
(Ninth Schedule)
346
1[257A. The Tamil Nadu Backward Classes, Scheduled Castes and
Scheduled Tribes (Reservation of Seats in Educational Institutions and of
appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu
Act 45 of 1994).]
2[258. The Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar
Act 4 of 1948).
259. The Bihar Consolidation of Holdings and Prevention of Fragmentation
Act, 1956 (Bihar Act 22 of 1956).
260. The Bihar Consolidation of Holdings and Prevention of Fragmentation
(Amendment) Act, 1970 (Bihar Act 7 of 1970).
261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,
1970 (Bihar Act 9 of 1970).
262. The Bihar Consolidation of Holdings and Prevention of Fragmentation
(Amendment) Act, 1973 (Bihar Act 27 of 1975).
263. The Bihar Consolidation of Holdings and Prevention of Fragmentation
(Amendment) Act, 1981 (Bihar Act 35 of 1982).
264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).
265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,
1989 (Bihar Act 11 of 1989).
266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of
1990).
267. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition
of Transfer of Certain Lands) (Amendment) Act, 1984 (Karnataka Act 3 of
1984).
268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of
1989).
269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala
Act 2 of 1990).
270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of
1990).
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16
of 1979).
1Ins. by the Constitution (Seventy-sixth Amendment) Act, 1994, s. 2.
2Entries 258 to 284 ins. by the Constitution (Seventy-eighth Amendment) Act, 1995, s. 2.
THE CONSTITUTION OF INDIA
(Ninth Schedule)
347
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act
2 of 1987).
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act
12 of 1989).
274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).
275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).
276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1987 (Tamil Nadu Act 4 of 1988).
277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment (Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).
278. The West Bengal Land Reforms (Amendment) Act, 1981 (West Bengal
Act 50 of 1981).
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal
Act 5 of 1986).
280. The West Bengal Land Reforms (Second Amendment) Act, 1986
(West Bengal Act 19 of 1986).
281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West
Bengal Act 35 of 1986).
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal
Act 23 of 1989).
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal
Act 24 of 1990).
284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act
12 of 1991).
Explanation.—Any acquisition made under the Rajasthan Tenancy Act,
1955 (Rajasthan Act III of 1955), in contravention of the second proviso to
clause (1) of article 31A shall, to the extent of the contravention, be void.]
THE CONSTITUTION OF INDIA
Gulshan Tanwar
(Expert) 06 January 2011
1[TENTH SCHEDULE
[Articles 102(2) and 191(2)]
Provisions as to disqualification on ground of defection
349
1. Interpretation.—In this Schedule, unless the context otherwise
requires,—
(a) “House” means either House of Parliament or the Legislative
Assembly or, as the case may be, either House of the Legislature of a
State;
(b) “legislature party”, in relation to a member of a House belonging
to any political party in accordance with the provisions of paragraph 2
or 2*** paragraph 4, means the group consisting of all the members of
that House for the time being belonging to that political party in
accordance with the said provisions;
(c) “original political party”, in relation to a member of a House,
means the political party to which he belongs for the purposes of subparagraph
(1) of paragraph 2;
(d) “paragraph” means a paragraph of this Schedule.
2. Disqualification on ground of defection.—(1) Subject to the provisions
of 3[paragraphs 4 and 5], a member of a House belonging to any political
party shall be disqualified for being a member of the House—
(a) if he has voluntarily given up his membership of such political
party; or
(b) if he votes or abstains from voting in such House contrary to any
direction issued by the political party to which he belongs or by any
person or authority authorised by it in this behalf, without obtaining, in
either case, the prior permission of such political party, person
or authority and such voting or abstention has not been condoned by
such political party, person or authority within fifteen days from the
date of such voting or abstention.
1Added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6 (w.e.f.
1-3-1985).
2Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5.
3Sub. by s. 5, ibid, for “paragraphs 3, 4 and 5”.
Explanation.—For the purposes of this sub-paragraph,—
(a) an elected member of a House shall be deemed to belong to the
political party, if any, by which he was set up as a candidate for election
as such member;
(b) a nominated member of a House shall,—
(i) where he is a member of any political party on the date of his
nomination as such member, be deemed to belong to such political
party;
(ii) in any other case, be deemed to belong to the political party of
which he becomes, or, as the case may be, first becomes, a member
before the expiry of six months from the date on which he takes his
seat after complying with the requirements of article 99 or, as the
case may be, article 188.
(2) An elected member of a House who has been elected as such otherwise
than as a candidate set up by any political party shall be disqualified for
being a member of the House if he joins any political party after such election.
(3) A nominated member of a House shall be disqualified for being a
member of the House if he joins any political party after the expiry of six
months from the date on which he takes his seat after complying with the
requirements of article 99 or, as the case may be, article 188.
(4) Notwithstanding anything contained in the foregoing provisions of
this paragraph, a person who, on the commencement of the Constitution
(Fifty-second Amendment) Act, 1985, is a member of a House (whether elected
or nominated as such) shall,—
(i) where he was a member of political party immediately before
such commencement, be deemed, for the purposes of sub-paragraph
(1) of this paragraph, to have been elected as a member of such House
as a candidate set up by such political party;
(ii) in any other case, be deemed to be an elected member of the
House who has been elected as such otherwise than as a candidate
set up by any political party for the purposes of sub-paragraph (2) of
this paragraph or, as the case may be, be deemed to be a nominated
member of the House for the purposes of sub-paragraph (3) of this
paragraph.
1* * * * *
1Paragraph 3 omitted by the Constitution (Nienty-first Amendment) Act, 2003, s. 5.
THE CONSTITUTION OF INDIA
(Tenth Schedule)
350
4. Disqualification on ground of defection not to apply in case of
merger.—(1) A member of a House shall not be disqualified under subparagraph
(1) of paragraph 2 where his original political party merges with
another political party and he claims that he and any other members of his
original political party—
(a) have become members of such other political party or, as the case
may be, of a new political party formed by such merger; or
(b) have not accepted the merger and opted to function as a separate
group,
and from the time of such merger, such other political party or new political
party or group, as the case may be, shall be deemed to be the political party
to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and
to be his original political party for the purposes of this sub-paragraph.
(2) For the purposes of sub-paragraph (1) of this paragraph, the merger
of the original political party of a member of a House shall be deemed to have
taken place if, and only if, not less than two-thirds of the members of the
legislature party concerned have agreed to such merger.
5. Exemption.—Notwithstanding anything contained in this Schedule, a
person who has been elected to the office of the Speaker or the Deputy Speaker
of the House of the People or the Deputy Chairman of the Council of States
or the Chairman or the Deputy Chairman of the Legislative Council of a State
or the Speaker or the Deputy Speaker of the Legislative Assembly of a State,
shall not be disqualified under this Schedule,—
(a) if he, by reason of his election to such office, voluntarily gives up
the membership of the political party to which he belonged immediately
before such election and does not, so long as he continues to hold such
office thereafter, rejoin that political party or become a member of another
political party; or
(b) if he, having given up by reason of his election to such office his
membership of the political party to which he belonged immediately
before such election, rejoins such political party after he ceases to hold
such office.
6. Decision on questions as to disqualification on ground of defection.—
(1) If any question arises as to whether a member of a House has become
subject to disqualification under this Schedule, the question shall be referred
for the decision of the Chairman or, as the case may be, the Speaker of such
House and his decision shall be final:
Provided that where the question which has arisen is as to whether the
Chairman or the Speaker of a House has become subject to such
THE CONSTITUTION OF INDIA
(Tenth Schedule)
351
disqualification, the question shall be referred for the decision of such member
of the House as the House may elect in this behalf and his decision shall be
final.
(2) All proceedings under sub-paragraph (1) of this paragraph in relation
to any question as to disqualification of a member of a House under this
Schedule shall be deemed to be proceedings in Parliament within the meaning
of article 122 or, as the case may be, proceedings in the Legislature of a State
within the meaning of article 212.
*7. Bar of jurisdiction of courts.—Notwithstanding anything in this
Constitution, no court shall have any jurisdiction in respect of any matter
connected with the disqualification of a member of a House under this
Schedule.
8. Rules.—(1) Subject to the provisions of sub-paragraph (2) of this
paragraph, the Chairman or the Speaker of a House may make rules for giving
effect to the provisions of this Schedule, and in particular, and without
prejudice to the generality of the foregoing, such rules may provide for—
(a) the maintenance of registers or other records as to the political
parties, if any, to which different members of the House belong;
(b) the report which the leader of a legislature party in relation to a
member of a House shall furnish with regard to any condonation of the
nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in
respect of such member, the time within which and the authority to whom
such report shall be furnished;
(c) the reports which a political party shall furnish with regard to
admission to such political party of any members of the House and the
officer of the House to whom such reports shall be furnished; and
(d) the procedure for deciding any question referred to in subparagraph
(1) of paragraph 6 including the procedure for any inquiry
which may be made for the purpose of deciding such question.
(2) The rules made by the Chairman or the Speaker of a House under
sub-paragraph (1) of this paragraph shall be laid as soon as may be after they
are made before the House for a total period of thirty days which may be
comprised in one session or in two or more successive sessions and shall take
effect upon the expiry of the said period of thirty days unless they are sooner
*Paragraph 7 declared invalid for want of ratification in accordance with the proviso to
clause (2) of article 368 as per majority opinion in Kihoto Hollohon Vs. Zachilhu and others
(1992) 1 S.C.C. 309.
THE CONSTITUTION OF INDIA
(Tenth Schedule)
352
approved with or without modifications or disapproved by the House and
where they are so approved, they shall take effect on such approval in the
form in which they were laid or in such modified form, as the case may be,
and where they are so disapproved, they shall be of no effect.
(3) The Chairman or the Speaker of a House may, without prejudice to
the provisions of article 105 or, as the case may be, article 194, and to any
other power which he may have under this Constitution direct that any
wilful contravention by any person of the rules made under this
paragraph may be dealt with in the same manner as a breach of privilege of
the House.]
Gulshan Tanwar
(Expert) 06 January 2011
[ELEVENTH SCHEDULE
(Article 243G)
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land
consolidation and soil conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of
communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
1Added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 (w.e.f.
24-4-1993).
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centres
and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the handicapped and mentally
retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled
Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.]
THE CONSTITUTION OF INDIA
Gulshan Tanwar
(Expert) 06 January 2011
1[TWELFTH SCHEDULE
(Article 243W)
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of
ecological aspects.
9. Safeguarding the interests of weaker sections of society, including
the handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens,
playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and
electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops
and public conveniences.
18. Regulation of slaughter houses and tanneries.]
1Added by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 4 (w.e.f.
1-6-1993)
Gulshan Tanwar
(Expert) 06 January 2011
SIXTH SCHEDULE
[Articles 244(2) and 275(1)]
Provisions as to the Administration of Tribal Areas in 1[the States of
Assam, Meghalaya, Tripura and Mizoram]
21. Autonomous districts and autonomous regions.—(1) Subject to the
provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II and
IIA] and in Part III] of the table appended to paragraph 20 of this Schedule
shall be an autonomous district.
(2) If there are different Scheduled Tribes in an autonomous district, the
Governor may, by public notification, divide the area or areas inhabited by
them into autonomous regions.
(3) The Governor may, by public notification,—
(a) include any area in 3[any of the Parts] of the said table,
(b) exclude any area from 3[any of the Parts] of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district,
(e) diminish the area of any autonomous district,
(f) unite two or more autonomous districts or parts thereof so as to
form one autonomous district,
5[(ff) alter the name of any autonomous district,]
(g) define the boundaries of any autonomous district:
Provided that no order shall be made by the Governor under clauses (c),
(d), (e) and (f) of this sub-paragraph except after consideration of the report
of a Commission appointed under sub-paragraph (1) of paragraph 14 of this
Schedule:
6[Provided further that any order made by the Governor under this subparagraph
may contain such incidental and consequential provisions
(including any amendment of paragraph 20 and of any item in any of the
291
1Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words (w.e.f.
20-2-1987).
2 Paragraph 1 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the
following proviso after sub-paragraph (2), namely:—
“Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial
Areas District.”
3Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for “Part A” (w.e.f. 21-1-1972).
4Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for “Parts I and II”
(w.e.f. 1-4-1985).
5Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch. (w.e.f. 2-4-1970).
6Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch. (w.e.f. 21-1-1972).
Parts of the said Table) as appear to the Governor to be necessary for giving
effect to the provisions of the order.]
12. Constitution of District Councils and Regional Councils.—2[(1) There
shall be a District Council for each autonomous district consisting of not
more than thirty members, of whom not more than four persons shall be
nominated by the Governor and the rest shall be elected on the basis of adult
suffrage.]
(2) There shall be a separate Regional Council for each area constituted
an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.
(3) Each District Council and each Regional Council shall be a body
corporate by the name respectively of “the District Council of (name of district)”
and “the Regional Council of (name of region)”, shall have perpetual succession
and a common seal and shall by the said name sue and be sued.
(4) Subject to the provisions of this Schedule, the administration of an
autonomous district shall, in so far as it is not vested under this Schedule in
any Regional Council within such district, be vested in the District Council
for such district and the administration of an autonomous region shall be
vested in the Regional Council for such region.
(5) In an autonomous district with Regional Councils, the District Council
shall have only such powers with respect to the areas under the authority of
the Regional Council as may be delegated to it by the Regional Council in
addition to the powers conferred on it by this Schedule with respect to such
areas.
1Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the
following proviso after sub-paragraph (1), namely:—
“Provided that the Bodoland Territorial Council shall consist of not more than forty-six
members of whom forty shall be elected on the basis of adult suffrage, of whom thirty shall
be reserved for the Scheduled Tribes, five for non-tribal communities, five open for all
communities and the remaining six shall be nominated by the Governor having same rights
and privileges as other members, including voting rights, from amongst the un-represented
communities of the Bodoland Territorial Areas District, of which at least two shall be women.”
Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, so as to insert the
following proviso after sub-paragraph (3), namely:—
“Provided that the District Council constituted for the North Cachar Hills District shall
be called as the North Cachar Hills Autonomous Council and the District Council constituted
for the Karbi Anglong District shall be called as the Karbi Anglong Autonomous Council.”
*Paragraph 2 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the
followoing proviso after the proviso in sub-paragraph (3), namely:—
“Provided further that the District Council constituted for the Bodoland Territorial
Areas District shall be called the Bodoland Territorial Council.”
2Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for sub-paragraph (1) (w.e.f. 2-4-1970).
THE CONSTITUTION OF INDIA
(Sixth Schedule)
292
(6) The Governor shall make rules for the first constitution of District
Councils and Regional Councils in consultation with the existing tribal
Councils or other representative tribal organisations within the autonomous
districts or regions concerned, and such rules shall provide for—
(a) the composition of the District Councils and Regional Councils
and the allocation of seats therein;
(b) the delimitation of territorial constituencies for the purpose of
elections to those Councils;
(c) the qualifications for voting at such elections and the preparation
of electoral rolls therefor;
(d) the qualifications for being elected at such elections as members
of such Councils;
(e) the term of office of members of 1[Regional Councils];
(f) any other matter relating to or connected with elections or
nominations to such Councils;
(g) the procedure and the conduct of business 2[(including the power
to act notwithstanding any vacancy)] in the District and Regional Councils;
(h) the appointment of officers and staff of the District and Regional
Councils.
2[(6A) The elected members of the District Council shall hold office for a
term of five years from the date appointed for the first meeting of the Council
after the general elections to the Council, unless the District Council is sooner
dissolved under paragraph 16 and a nominated member shall hold office at
the pleasure of the Governor:
Provided that the said period of five years may, while a Proclamation of
Emergency is in operation or if circumstances exist which, in the opinion of
the Governor, render the holding of elections impracticable, be extended by
the Governor for a period not exceeding one year at a time and in any case
where a Proclamation of Emergency is in operation not extending beyond a
period of six months after the Proclamation has ceased to operate:
Provided further that a member elected to fill a casual vacancy shall hold
office only for the remainder of the term of office of the member whom he
replaces.]
(7) The District or the Regional Council may after its first constitution
make rules 2[with the approval of the Governor] with regard to the matters
1Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for “such Councils” (w.e.f. 2-4-1970).
2Ins. by s. 74 and Fourth Sch., ibid (w.e.f. 2-4-1970).
THE CONSTITUTION OF INDIA
(Sixth Schedule)
293
specified in sub-paragraph (6) of this paragraph and may also make rules
1[with like approval] regulating—
(a) the formation of subordinate local Councils or Boards and their
procedure and the conduct of their business; and
(b) generally all matters relating to the transaction of business
pertaining to the administration of the district or region, as the case may
be:
Provided that until rules are made by the District or the Regional Council
under this sub-paragraph the rules made by the Governor under sub-paragraph
(6) of this paragraph shall have effect in respect of elections to, the officers and
staff of, and the procedure and the conduct of business in, each such Council.
2* * * * *
33. Powers of the District Councils and Regional Councils to make
laws.—(1) The Regional Council for an autonomous region in respect of all
1Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
2Second proviso omitted by s. 74 and Fourth Sch., ibid. (w.e.f. 2-4-1970).
3Paragraph 3 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution
(Amendment) Act, 2003 (44 of 2003), s. 2, so as to substitute sub-paragraph (3) as under, —
“(3) Save as otherwise provided in sub-paragraph (2) of paragraph 3A or sub-paragraph (2)
of paragraph 3B, all laws made under this paragraph or sub-paragraph (1) of paragraph 3A or
sub-paragraph (1) of paragraph 3B shall be submitted forthwith to the Governor and, until
assented to by him, shall have no effect.”;
After paragraph 3, the following paragraph has been inserted in its application to the State of Assam by the
Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, namely: —
“3A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous
Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous
Council and the Karbi Anglong Autonomous Council within their respective districts, shall have power to make laws
with respect to—
(a) industries, subject to the provisions of entries 7 and 52 of List I of the Seventh Schedule;
(b) communications, that is to say, roads, bridges, ferries and other means of communication
not specified in List I of the Seventh Schedule; municipal tramways, ropeways, inland waterways
and traffic thereon subject to the provisions of List I and List III of the Seventh Schedule with
regard to such waterways; vehicles other than mechanically propelled vehicles;
(c) preservation, protection and improvement of stock and prevention of animal
diseases; veterinary training and practice; cattle pounds;
(d) primary and secondary education;
(e) agriculture, including agricultural education and research, protection against
pests and prevention of plant diseases;
(f) fisheries;
(g) water, that is to say, water supplies, irrigation and canals, drainage and embankments,
water storage and water power subject to the provisions of entry 56 of List I of the Seventh
Schedule;
(h) social security and social insurance; employment and unemployment;
(i) flood control schemes for protection of villages, paddy fields, markets, towns, etc. (not of
technical nature);
(j) theatre and dramatic performances, cinemas subject to the provisions of entry 60 of List I
of the Seventh Schedule; sports, entertainments and amusements;
(k) public health and sanitation, hospitals and dispensaries;
(l) minor irrigation;
(m) trade and commerce in, and the production, supply and distribution of, food stuffs, cattle
fodder, raw cotton and raw jute;
(n) libraries, museums and other similar institutions controlled or financed by the State;
ancient and historical monuments and records other than those declared by or under any law
made by Parliament to be of national importance; and
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(o) alienation of land.
(2) All laws made by the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous
Council under paragraph 3 or under this paragraph shall, in so far as they relate to matters specified in List III of
the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the consideration of
the President.
(3) When a law is reserved for the consideration of the President, the President shall declare either that he
assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the North Cachar Hills Autonomous
Council or the Karbi Anglong Autonomous Council, as the case may be, together with a message requesting that
the said Council will reconsider the law 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 the law is so
returned, the said Council shall consider the law accordingly within a period of six months from the date of receipt
of such message and, if the law is again passed by the said Council with or without amendment it shall be presented
again to the President for his consideration.”.
After paragraph 3A, the following paragraph has been inserted in its application to the State of Assam by
the Sixth Schedule to the Constitution (Amendment) Act, 2003, (44 of 2003), s. 2, namely:—
“3B. Additional powers of the Bodoland Territorial Council to make laws.—(1) Without prejudice to the
provisions of paragraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with
respect to:—(i) agriculture, including agricultural education and research, protection against pests and prevention
of plant diseases; (ii) animal husbandry and veterinary, that is to say, preservation, protection and improvement
of stock and prevention of animal diseases, veterinary training and practice, cattle pounds; (iii) co-operation;
(iv) cultural affairs; (v) education, that is to say, primary education, higher secondary including vocational training,
adult education, college education (general); (vi) fisheries; (vii) flood control for protection of village, paddy fields,
markets and towns (not of technical nature); (viii) Food and civil supply; (ix) forests (other than reserved forests);
(x) handloom and textile; (xi) health and family welfare; (xii) intoxicating liquors, opium and derivatives, subject
to the provisions of entry 84 of List I of the Seventh Schedule; (xiii) irrigation; (xiv) labour and employment;
(xv) land and revenue; (xvi) library services (financed and controlled by the State Government); (xvii) lotteries
(subject to the provisions of entry 40 of List I of the Seventh Schedule), theatres, dramatic performances and cinemas
(subject to the provisions of entry 60 of List I of the Seventh Schedule); (xviii) markets and fairs; (xix) municipal
corporation, improvement trust, district boards and other local authorities; (xx) museum and archaeology
institutions controlled or financed by the State, ancient and historical monuments and records other than those
declared by or under any law made by Parliament to be of national importance; (xxi) panchayat and rural
development; (xxii) planning and development; (xxiii) printing and stationery; (xxiv) pubic health engineering;
(xxv) public works department; (xxvi) publicity and public relations; (xxvii) registration of births and deaths;
(xxviii) relief and rehabilitation; (xxix) sericulture; (xxx) small, cottage and rural industry subject to the provisions
of entries 7 and 52 of List I of the Seventh Schedule; (xxxi) Social Welfare; (xxxii) soil conservation; (xxxiii) sports
and youth welfare; (xxxiv) statistics; (xxxv) tourism; (xxxvi) transport (roads, bridges, ferries and other means of
communications not specified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways
and traffic thereon subject to the provision of List I and List III of the Seventh Schedule with regard to such waterways,
vehicles other than mechanically propelled vehicles); (xxxvii) tribal research institute controlled and financed by
the State Government; (xxxviii) urban development—town and country planning; (xxxix) weights and measures
subject to the provisions of entry 50 of List I of the Seventh Schedule; and (xl) Welfare of plain tribes and backward
classes:
Provided that nothing in such laws shall—
(a) extinguish or modify the existing rights and privileges of any citizen in respect of his land at the date
of commencement of this Act; and
(b) disallow any citizen from acquiring land either by way of inheritance, allotment, settlement or by
any other way of transfer if such citizen is otherwise eligible for such acquisition of land within the Bodoland
Territorial Areas District.
(2) All laws made under paragraph 3 or under this paragraph shall in so far as they relate to matters specified
in List III of the Seventh Schedule, be submitted forthwith to the Governor who shall reserve the same for the
consideration of the President.
(3) When a law is reserved for the consideration of the President, the President shall declare either that he
assents to the said law or that he withholds assent therefrom:
Provided that the President may direct the Governor to return the law to the Bodoland Territorial Council,
together with the message requesting that the said Council will reconsider the law 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 the law is so returned, the said Council shall consider the law accordingly within a period
of six month from the date of receipt of such message and, if the law is again passéd by the said Council with or
without amendments it shall be presented again to the President for his consideration.”.
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areas within such region and the District Council for an autonomous district
in respect of all areas within the district except those which are under the
authority of Regional Councils, if any, within the district shall have power to
make laws with respect to—
(a) the allotment, occupation or use, or the setting apart, of land, other
than any land which is a reserved forest for the purposes of agriculture
or grazing or for residential or other non-agricultural purposes or for
any other purpose likely to promote the interests of the inhabitants of any
village or town:
Provided that nothing in such laws shall prevent the compulsory
acquisition of any land, whether occupied or unoccupied, for public
purposes 1[by the Government of the State concerned] in accordance with
the law for the time being in force authorising such acquisition;
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting
cultivation;
(e) the establishment of village or town committees or councils and
their powers;
(f) any other matter relating to village or town administration,
including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
2[(i) marriage and divorce;]
(j) social customs.
(2) In this paragraph, a “reserved forest” means any area which is a
reserved forest under the Assam Forest Regulation, 1891, or under any other
law for the time being in force in the area in question.
(3) All laws made under this paragraph shall be submitted forthwith to
the Governor and, until assented to by him, shall have no effect.
34. Administration of justice in autonomous districts and autonomous
regions.—(1) The Regional Council for an autonomous region in respect of
1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for cetain words (w.e.f. 21-1-1972).
2Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for cl. (i) (w.e.f. 2-4-1970).
3Paragraph 4 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the
following sub-paragraph after sub-paragraph (5), namely:—
“(6) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.”.
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areas within such region and the District Council for an autonomous district
in respect of areas within the district other than those which are under the
authority of the Regional Councils, if any, within the district may constitute
village councils or courts for the trial of suits and cases between the parties
all of whom belong to Scheduled Tribes within such areas, other than suits
and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this
Schedule apply, to the exclusion of any court in the State, and may appoint
suitable persons to be members of such village councils or presiding officers
of such courts, and may also appoint such officers as may be necessary for
the administration of the laws made under paragraph 3 of this Schedule.
(2) Notwithstanding anything in this Constitution, the Regional Council
for an autonomous region or any court constituted in that behalf by the
Regional Council or, if in respect of any area within an autonomous district
there is no Regional Council, the District Council for such district, or any
court constituted in that behalf by the District Council, shall exercise the
powers of a court of appeal in respect of all suits and cases triable by a
village council or court constituted under sub-paragraph (1) of this paragraph
within such region or area, as the case may be, other than those to which the
provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and
no other court except the High Court and the Supreme Court shall have
jurisdiction over such suits or cases.
(3) The High Court 1*** shall have and exercise such jurisdiction over the
suits and cases to which the provisions of sub-paragraph (2) of this paragraph
apply as the Governor may from time to time by order specify.
(4) A Regional Council or District Council, as the case may be, may with
the previous approval of the Governor make rules regulating—
(a) the constitution of village councils and courts and the powers to
be exercised by them under this paragraph;
(b) the procedure to be followed by village councils or courts in the
trial of suits and cases under sub-paragraph (1) of this paragraph;
(c) the procedure to be followed by the Regional or District Council
or any court constituted by such Council in appeals and other proceedings
under sub-paragraph (2) of this paragraph;
1The words “of Assam” omitted by the North-Eastern Areas (Reorganisation) Act, 1971
(81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
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(d) the enforcement of decisions and orders of such councils and
courts;
(e) all other ancillary matters for the carrying out of the provisions of
sub-paragraphs (1) and (2) of this paragraph.
1[(5) On and from such date as the President may, 2[after consulting the
Government of the State concerned], by notification appoint in this behalf, this
paragraph shall have effect in relation to such autonomous district or region
as may be specified in the notification, as if—
(i) in sub-paragraph (1), for the words “between the parties all of
whom belong to Scheduled Tribes within such areas, other than suits
and cases to which the provisions of sub-paragraph (1) of paragraph 5
of this Schedule apply,”, the words “not being suits and cases of the
nature referred to in sub-paragraph (1) of paragraph (5) of this Schedule,
which the Governor may specify in this behalf”, had been substituted;
(ii) sub-paragraphs (2) and (3) had been omitted;
(iii) in sub-paragraph (4)—
(a) for the words “A Regional Council or District Council, as
the case may be, may with the previous approval of the Governor
make rules regulating”, the words “the Governor may make rules
regulating” had been substituted; and
(b) for clause (a), the following clause had been substituted,
namely:—
“(a) the constitution of village councils and courts, the
powers to be exercised by them under this paragraph and
the courts to which appeals from the decisions of village
councils and courts shall lie;”;
(c) for clause (c), the following clause had been substituted,
namely:—
“(c) the transfer of appeals and other proceedings
pending before the Regional or District Council or any court
constituted by such Council immediately before the date
appointed by the President under sub-paragraph (5);”; and
(d) in clause (e), for the words, brackets and figures “subparagraphs
(1) and (2)”, the word, brackets and figure “subparagraph
(1)” had been substituted.]
1Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch. (w.e.f. 2-4-1970).
2Subs. by the North- Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for certain words (w.e.f. 21-1-1972).
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5. Conferment of powers under the Code of Civil Procedure, 1908, and
the Code of Criminal Procedure, 18981, on the Regional and District Councils
and on certain courts and officers for the trial of certain suits, cases and
offences.—(1) The Governor may, for the trial of suits or cases arising out of
any law in force in any autonomous district or region being a law specified
in that behalf by the Governor, or for the trial of offences punishable with
death, transportation for life, or imprisonment for a term of not less than five
years under the Indian Penal Code or under any other law for the time being
applicable to such district or region, confer on the District Council or the
Regional Council having authority over such district or region or on courts
constituted by such District Council or on any officer appointed in that behalf
by the Governor, such powers under the Code of Civil Procedure, 1908, or, as
the case may be, the Code of Criminal Procedure, 18981, as he deems
appropriate, and thereupon the said Council, court or officer shall try the
suits, cases or offences in exercise of the powers so conferred.
(2) The Governor may withdraw or modify any of the powers conferred
on a District Council, Regional Council, court or officer under sub-paragraph
(1) of this paragraph.
(3) Save as expressly provided in this paragraph, the Code of Civil
Procedure, 1908, and the Code of Criminal Procedure, 18981, shall not apply
to the trial of any suits, cases or offences in an autonomous district or in any
autonomous region to which the provisions of this paragraph apply.
2[(4) On and from the date appointed by the President under subparagraph
(5) of paragraph 4 in relation to any autonomous district or
autonomous region, nothing contained in this paragraph shall, in its
application to that district or region, be deemed to authorise the Governor to
confer on the District Council or Regional Council or on courts constituted
by the District Council any of the powers referred to in sub-paragraph (1) of
this paragraph.]
3[6. Powers of the District Council to establish primary schools, etc.—
(1) The District Council for an autonomous district may establish, construct,
or manage primary schools, dispensaries, markets, 4[cattle pounds], ferries,
fisheries, roads, road transport and waterways in the district and may, with
1See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
2Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch. (w.e.f. 2-4-1970).
3Subs. by s. 74 and Fourth Sch., ibid., for paragraph 6 (w.e.f. 2-4-1970).
4Subs. by the Repealing and Amending Act, 1974 (56 of 1974), s. 4, for “cattle ponds”.
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the previous approval of the Governor, make regulations for the regulation
and control thereof and, in particular, may prescribe the language and the
manner in which primary education shall be imparted in the primary schools
in the district.
(2) The Governor may, with the consent of any District Council, entrust
either conditionally or unconditionally to that Council or to its officers
functions in relation to agriculture, animal husbandry, community projects,
co-operative societies, social welfare, village planning or any other matter to
which the executive power of the State 1* * * extends.]
7. District and Regional Funds.—(1) There shall be constituted for each
autonomous district, a District Fund and for each autonomous region, a
Regional Fund to which shall be credited all moneys received respectively by
the District Council for that district and the Regional Council for that region
in the course of the administration of such district or region, as the case may
be, in accordance with the provisions of this Constitution.
2[(2) The Governor may make rules for the management of the District
Fund, or, as the case may be, the Regional Fund and for the procedure to be
followed in respect of payment of money into the said Fund, the withdrawal
of moneys therefrom, the custody of moneys therein and any other matter
connected with or ancillary to the matters aforesaid.
(3) The accounts of the District Council or, as the case may be, the
Regional Council shall be kept in such form as the Comptroller and Auditor-
General of India may, with the approval of the President, prescribe.
(4) The Comptroller and Auditor-General shall cause the accounts of the
District and Regional Councils to be audited in such manner as he may think
fit, and the reports of the Comptroller and Auditor-General relating to such
accounts shall be submitted to the Governor who shall cause them to be laid
before the Council.]
8. Powers to assess and collect land revenue and to impose taxes.—
(1) The Regional Council for an autonomous region in respect of all lands
within such region and the District Council for an autonomous district in
respect of all lands within the district except those which are in the areas
under the authority of Regional Councils, if any, within the district, shall have
1The words “of Assam or Meghalaya, as the case may be” omitted by the North-Eastern
Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
2Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and
Fourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).
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the power to assess and collect revenue in respect of such lands in accordance
with the principles for the time being followed 1[by the Government of the
State in assessing lands for the purpose of land revenue in the State generally].
(2) The Regional Council for an autonomous region in respect of areas
within such region and the District Council for an autonomous district in
respect of all areas in the district except those which are under the authority
of Regional Councils, if any, within the district, shall have power to levy and
collect taxes on lands and buildings, and tolls on persons resident within
such areas.
(3) The District Council for an autonomous district shall have the power
to levy and collect all or any of the following taxes within such district, that
is to say—
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and tolls
on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads.
(4) A Regional Council or District Council, as the case may be, may make
regulations to provide for the levy and collection of any of the taxes specified
in sub-paragraphs (2) and (3) of this paragraph 2[and every such regulation
shall be submitted forthwith to the Governor and, until assented to by him,
shall have no effect].
39. Licences or leases for the purpose of prospecting for, or extraction
of, minerals.—(1) Such share of the royalties accruing each year from licences
or leases for the purpose of prospecting for, or the extraction of,
minerals granted by 4[the Government of the State] in respect of any area
within an autonomous district as may be agreed upon between 4[the
1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for certain words (w.e.f. 21-1-1972).
2Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch. (w.e.f. 2-4-1970).
3Paragraph 9 has been amended in its application to the States of Tripura and Mizoram
by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, so as to
insert the following sub-paragraph after sub-paragraph (2), namely:—
“(3) The Governor may, by order, direct that the share of royalties to be made over to a
District Council under this paragraph shall be made over to that Council within a period of
one year from the date of any agreement under sub-paragraph (1) or, as the case may be, of
any determination under sub-paragraph (2).”.
4Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (i) and
Eighth Sch., for “the Government of Assam” (w.e.f. 21-1-1972).
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Government of the State] and the District Council of such district shall be
made over to that District Council.
(2) If any dispute arises as to the share of such royalties to be made over
to a District Council, it shall be referred to the Governor for determination and
the amount determined by the Governor in his discretion shall be deemed to
be the amount payable under sub-paragraph (1) of this paragraph to the
District Council and the decision of the Governor shall be final.
110. Power of District Council to make regulations for the control of
money-lending and trading by non-tribals.—(1) The District Council of an
autonomous district may make regulations for the regulation and control of
money-lending or trading within the district by persons other than Scheduled
Tribes resident in the district.
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may—
(a) prescribe that no one except the holder of a licence issued in that
behalf shall carry on the business of money-lending;
(b) prescribe the maximum rate of interest which may be charged or
be recovered by a money-lender;
(c) provide for the maintenance of accounts by money-lenders and for
the inspection of such accounts by officers appointed in that behalf by
the District Council;
(d) prescribe that no person who is not a member of the Scheduled
Tribes resident in the district shall carry on wholesale or retail business
in any commodity except under a licence issued in that behalf by the
District Council:
Provided that no regulations may be made under this paragraph unless
they are passed by a majority of not less than three-fourths of the total
membership of the District Council:
1Paragraph 10 has been amended in its application to the States of Tripura and Mizoram
by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, as
under:—
(a) in the heading, the words “by non-tribals” shall be omitted;
(b) in sub-paragraph (1), the words “other than Scheduled Tribes” shall be omitted;
(c) in sub-paragraph (2), for clause (d), the following clause shall be substituted,
namely:—
“(d) prescribe that no person resident in the district shall carry on any trade,
whether wholesale or retail, except under a licence issued in that behalf by the District
Council:”.
1Paragraph 10 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the
following sub-paragraph after sub-paragraph (3), namely:—
“(4) Nothing in this paragraph shall apply to the Bodoland Territorial Council constituted
under the proviso to sub-paragraph (3) of paragraph 2 of this Schedule.” .
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Provided further that it shall not be competent under any such regulations
to refuse the grant of a licence to a money-lender or a trader who has been
carrying on business within the district since before the time of the making
of such regulations.
(3) All regulations made under this paragraph shall be submitted forthwith
to the Governor and, until assented to by him, shall have no effect.
11. Publication of laws, rules and regulations made under the
Schedule.—All laws, rules and regulations made under this Schedule by a
District Council or a Regional Council shall be published forthwith in the
Official Gazette of the State and shall on such publication have the force of
law.
112. 2[Application of Acts of Parliament and of the Legislature of the
State of Assam to autonomous districts and autonomous regions in the
State of Assam].—(1) Notwithstanding anything in this Constitution—
(a) no Act of the 3[Legislature of the State of Assam] in respect of any
of the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make
laws, and no Act of the 3[Legislature of the State of Assam] prohibiting
or restricting the consumption of any non-distilled alcoholic liquor shall
apply to any autonomous district or autonomous region 4[in that State]
unless in either case the District Council for such district or having
jurisdiction over such region by public notification so directs, and the
District Council in giving such direction with respect to any Act may
direct that the Act shall in its application to such district or region or any
part thereof have effect subject to such exceptions or modifications as it
thinks fit;
(b) the Governor may, by public notification, direct that any Act of
Parliament or of the 3[Legislature of the State of Assam] to which the
provisions of clause (a) of this sub-paragraph do not apply shall not
apply to an autonomous district or an autonomous region 4[in that State],
or shall apply to such district or region or any part thereof subject to
1Paragraph 12 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, as under,—
in paragraph 12, in sub-paragraph (1), in clause (a), for the words, figures and letter
“matters specified in paragraph 3 or paragraph 3A of this Schedule:, the words, figures
and letters “matters specified in paragraph 3 or paragrah 3A or 3B of this Schedule” shall be
substituted.
2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for the heading (w.e.f. 21-1-1972).
3Subs. by s. 71(i) and Eighth Sch., ibid., for “Legislature of the State” (w.e.f. 21-1-1972).
4Ins. by s. 71(i) and Eighth Sch., ibid. (w.e.f. 21-1-1972).
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such exceptions or modifications as he may specify in the notification.
(2) Any direction given under sub-paragraph (1) of this paragraph may
be given so as to have retrospective effect.
1[12A. Application of Acts of Parliament and of the Legislature of the
State of Meghalaya to autonomous districts and autonomous regions in the
State of Meghalaya.—Notwithstanding anything in this Constitution,—
(a) if any provision of a law made by a District or Regional Council
in the State of Meghalaya with respect to any matter specified in subparagraph
(1) of paragraph 3 of this Schedule or if any provision of any
regulation made by a District Council or a Regional Council in that State
under paragraph 8 or paragraph 10 of this Schedule, is repugnant to any
provision of a law made by the Legislature of the State of Meghalaya
with respect to that matter, then, the law or regulation made by the
District Council or, as the case may be, the Regional Council whether
made before or after the law made by the Legislature of the State of
Meghalaya, shall, to the extent of repugnancy, be void and the law made
by the Legislature of the State of Meghalaya shall prevail;
(b) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to an autonomous district or an
autonomous region in the State of Meghalaya, or shall apply to such
district or region or any part thereof subject to such exceptions or
modifications as he may specify in the notification and any such direction
may be given so as to have retrospective effect.
2[12AA. Application of Acts of Parliament and of the Legislature of the
State of Tripura to the autonomous district and autonomous regions in the
State of Tripura.—Notwithstanding anything in this Constitution,—
(a) no Act of the Legislature of the State of Tripura in respect of any
of the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make
laws, and no Act of the Legislature of the State of Tripura prohibiting
or restricting the consumption of any non-distilled alcoholic liquor shall
apply to the autonomous district or autonomous region in that
State unless, in either case, the District Council for that district or
1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and
Eighth Sch., for paragraph 12A (w.e.f. 21-1-1972).
2Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988),
s. 2, for paragraphs 12AA and 12B. Paragraph 12AA was ins. by the Constitution (Fortyninth
Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
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304
having jurisdiction over such region by public notification so directs, and
the District Council in giving such direction with respect to any Act may
direct that the Act shall, in its application to that district or such region
or any part thereof, have effect subject to such exceptions or modifications
as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of the
Legislature of the State of Tripura to which the provisions of clause (a)
of this sub-paragraph do not apply, shall not apply to the autonomous
district or an autonomous region in that State, or shall apply to that
district or such region, or any part thereof, subject to such exceptions or
modifications, as he may specify in the notification;
(c) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to the autonomous district or
an autonomous region in the State of Tripura, or shall apply to such
district or region or any part thereof, subject to such exceptions or
modifications as he may specify in the notification and any such direction
may be given so as to have retrospective effect.
12B. Application of Acts of Parliament and of the Legislature of the
State of Mizoram to autonomous districts and autonomous regions in the
State of Mizoram.—Notwithstanding anything in this Constitution,—
(a) no Act of the Legislature of the State of Mizoram in respect of any
of the matters specified in paragraph 3 of this Schedule as matters with
respect to which a District Council or a Regional Council may make
laws, and no Act of the Legislature of the State of Mizoram prohibiting
or restricting the consumption of any non-distilled alcoholic liquor shall
apply to any autonomous district or autonomous region in that State
unless, in either case, the District Council for such district or having
jurisdiction over such region, by public notification, so directs, and the
District Council, in giving such direction with respect to any Act, may
direct that the Act shall, in its application to such district or region or
any part thereof, have effect subject to such exceptions or modifications
as it thinks fit;
(b) the Governor may, by public notification, direct that any Act of the
Legislature of the State of Mizoram to which the provisions of clause (a)
of this sub-paragraph do not apply, shall not apply to an autonomous
district or an autonomous region in that State, or shall apply to such
district or region, or any part thereof, subject to such exceptions or
modifications, as he may specify in the notification;
THE CONSTITUTION OF INDIA
(Sixth Schedule)
305
(c) the President may, with respect to any Act of Parliament, by
notification, direct that it shall not apply to an autonomous district or an
autonomous region in the State of Mizoram, or shall apply to such
district or region or any part thereof, subject to such exceptions or
modifications as he may specify in the notification and any such direction
may be given so as to have retrospective effect.]]
13. Estimated receipts and expenditure pertaining to autonomous
districts to be shown separately in the annual financial statement.—The
estimated receipts and expenditure pertaining to an autonomous district
which are to be credited to, or is to be made from, the Consolidated Fund of
the State 1*** shall be first placed before the District Council for discussion
and then after such discussion be shown separately in the annual financial
statement of the State to be laid before the Legislature of the State under
article 202.
214. Appointment of Commission to inquire into and report on the
administration of autonomous districts and autonomous regions.—(1) The
Governor may at any time appoint a Commission to examine and report on
any matter specified by him relating to the administration of the autonomous
districts and autonomous regions in the State, including matters specified in
clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this Schedule,
or may appoint a Commission to inquire into and report from time to time
on the administration of autonomous districts and autonomous regions in
the State generally and in particular on—
(a) the provision of educational and medical facilities and
communications in such districts and regions;
(b) the need for any new or special legislation in respect of such
districts and regions; and
(c) the administration of the laws, rules and regulations made by the
District and Regional Councils;
and define the procedure to be followed by such Commission.
(2) The report of every such Commission with the recommendations of
the Governor with respect thereto shall be laid before the Legislature of the
State by the Minister concerned together with an explanatory memorandum
regarding the action proposed to be taken thereon by 3[the Government of
the State].
1The words “of Assam” omitted by the North-Eastern Areas (Reorganisation) Act, 1971
(81 of 1971), s. 71 (i) and Eighth Sch. (w.e.f. 21-1-1972).
2Paragraph 14 has been amended in its application to the State of Assam by the Sixth
Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, as under:—
‘in paragraph 14, in sub-paragraph (2), the words “with the recommendations of the
Governor with respect thereto” shall be omitted.’.
3Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (i) and
Eighth Sch., for “the Government of Assam” (w.e.f. 21-1-1972).
THE CONSTITUTION OF INDIA
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306
(3) In allocating the business of the Government of the State among his
Ministers the Governor may place one of his Ministers specially in charge of
the welfare of the autonomous districts and autonomous regions in the
State.
115. Annulment or suspension of acts and resolutions of District and
Regional Councils.—(1) If at any time the Governor is satisfied that an act
or resolution of a District or a Regional Council is likely to endanger the
safety of India 2[or is likely to be prejudicial to public order], he may annul
or suspend such act or resolution and take such steps as he may consider
necessary (including the suspension of the Council and the assumption to
himself of all or any of the powers vested in or exercisable by the Council)
to prevent the commission or continuance of such act, or the giving of effect
to such resolution.
(2) Any order made by the Governor under sub-paragraph (1) of this
paragraph together with the reasons therefor shall be laid before the Legislature
of the State as soon as possible and the order shall, unless revoked by the
Legislature of the State, continue in force for a period of twelve months from
the date on which it was so made:
Provided that if and so often as a resolution approving the continuance
in force of such order is passed by the Legislature of the State, the order shall
unless cancelled by the Governor continue in force for a further period of
twelve months from the date on which under this paragraph it would otherwise
have ceased to operate.
316. Dissolution of a District or a Regional Council.—4[(1)] The Governor
may on the recommendation of a Commission appointed under
1Paragraph 15 has been amended in its application to the States of Tripura and Mizoram
by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, as
under,—
(a) in the opening paragraph, for the words “by the Legislature of the State”, the
words “by him” shall be substituted;
(b) the proviso shall be omitted.
2 Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch. (w.e.f. 2-4-1970).
3 Paragraph 16 has been amended in its application to the States of Tripura and Mizoram
by the Sixth Sechedule to the Constitution (Amendment) Act, 1988 (67 of 1988), s. 2, as
under,—
‘(a) in sub-paragraph (1), the words “subject to the previous approval of the
Legislature of the State” occurring in clause (b), and the second proviso shall be omitted;
(b) for sub-paragraph (3), the following sub-paragraph shall be substituted, namely:—
“(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of this
paragraph, along with the reasons therefor shall be laid before the Legislature of the
State.” ’.
4Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam Reorganisation
(Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
THE CONSTITUTION OF INDIA
(Sixth Schedule)
307
paragraph 14 of this Schedule by public notification order the dissolution of
a District or a Regional Council, and—
(a) direct that a fresh general election shall be held immediately for
the reconstitution of the Council, or
(b) subject to the previous approval of the Legislature of the State
assume the administration of the area under the authority of such Council
himself or place the administration of such area under the Commission
appointed under the said paragraph or any other body considered suitable
by him for a period not exceeding twelve months:
Provided that when an order under clause (a) of this paragraph has been
made, the Governor may take the action referred to in clause (b) of this
paragraph with regard to the administration of the area in question pending
the reconstitution of the Council on fresh general election:
Provided further that no action shall be taken under clause (b) of this
paragraph without giving the District or the Regional Council, as the
case may be, an opportunity of placing its views before the Legislature of the
State.
1[(2) If at any time the Governor is satisfied that a situation has arisen
in which the administration of an autonomous district or region cannot be
carried on in accordance with the provisions of this Schedule, he may, by
public notification, assume to himself all or any of the functions or powers
vested in or exercisable by the District Council or, as the case may be, the
Regional Council and declare that such functions or powers shall be exercisable
by such person or authority as he may specify in this behalf, for a period not
exceeding six months:
Provided that the Governor may by a further order or orders extend the
operation of the initial order by a period not exceeding six months on each
occasion.
(3) Every order made under sub-paragraph (2) of this paragraph with the
reasons therefor shall be laid before the Legislature of the State and shall
cease to operate at the expiration of thirty days from the date on which the
State Legislature first sits after the issue of the order, unless, before the expiry
of that period it has been approved by the State Legislature.]
1Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth
Sch. (w.e.f. 2-4-1970).
THE CONSTITUTION OF INDIA
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308
117. Exclusion of areas from autonomous districts in forming
constituencies in such districts.—For the purposes of elections to 2[the
Legislative Assembly of Assam or Meghalaya] 3[or Tripura] 4[or Mizoram],
the Governor may by order declare that any area within an autonomous
district 5[in the State of Assam or Meghalaya 3[or Tripura] 4[or Mizoram], as
the case may be,] shall not form part of any constituency to fill a seat or seats
in the Assembly reserved for any such district but shall form part of a
constituency to fill a seat or seats in the Assembly not so reserved to be
specified in the order.
6* * * * *
719. Transitional provisions.—(1) As soon as possible after the
commencement of this Constitution the Governor shall take steps for the
constitution of a District Council for each autonomous district in the State
under this Schedule and, until a District Council is so constituted for an
autonomous district, the administration of such district shall be vested in the
Governor and the following provisions shall apply to the administration of
the areas within such district instead of the foregoing provisions of this
Schedule, namely:—
(a) no Act of Parliament or of the Legislature of the State shall apply to
any such area unless the Governor by public notification so directs; and the
Governor in giving such a direction with respect to any Act may direct that
the Act shall, in its application to the area or to any specified part thereof,
have effect subject to such exceptions or modifications as he thinks fit;
(b) the Governor may make regulations for the peace and good
government of any such area and any regulations so made may repeal
or amend any Act of Parliament or of the Legislature of the State or any
existing law which is for the time being applicable to such area.
1Paragraph 17 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following proviso,
namely:—
“Provided that nothing in this paragraph shall apply to the Bodoland Territorial Areas District.”.
2 Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (i) and Eighth
Sch., for “the Legislative Assembly of the Assam” (w.e.f. 21-1-1972).
3Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
4Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).
5Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (i) and Eighth Sch.
(w.e.f. 21-1-1972).
6Paragraph 18 omitted by s. 71(i) and Eighth Sch., ibid. (w.e.f. 21-1-1972).
7Paragraph 19 has been amended in its application to the State of Assam by the Sixth Schedule
to the Constitution (Amendment) Act, 2003 (44 of 2003) s. 2, so as to insert the following sub-paragraph
after sub-paragraph (3), namely :—
“(4) As soon as possible after the commencement of this Act, and Interim Executive Council for
Bodoland Territorial Areas District in Assam shall be formed by the Governor from amongst leaders
of the Bodo movement, including the signatories to the Memorandum of Settlement, and shall provide
adequate representation to the non-tribal communities in that area:
Provided that Interim Council shall be for a period of six months during which endeavour to hold
the election to the Council shall be made.
Explanation.—For the purposes of this sub-paragraph, the expression “Memorandum of Settlement”
means the Memorandum signed on the 10th day of February, 2003 between Government of India,
Government of Assam and Bodo Liberation Tigers.”.
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(Sixth Schedule)
309
(2) Any direction given by the Governor under clause (a) of sub-paragraph
(1) of this paragraph may be given so as to have retrospective effect.
(3) All regulations made under clause (b) of sub-paragraph (1) of this
paragraph shall be submitted forthwith to the President and, until assented
to by him, shall have no effect.
1[20. Tribal areas.—(1) The areas specified in Parts I, II 2[, IIA] and III of
the table below shall respectively be the tribal areas within the State of Assam,
the State of Meghalaya 2[, the State of Tripura] and the 3[State] of Mizoram.
(2) 4[Any reference in Part I, Part II or Part III of the table below] to any
district shall be construed as a reference to the territories comprised within
the autonomous district of that name existing immediately before the day
appointed under clause (b) of section 2 of the North-Eastern Areas
(Reorganisation) Act, 1971:
Provided that for the purposes of clauses (e) and (f) of sub-paragraph (1)
of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2),
clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph
8 and clause (d) of sub-paragraph (2) of paragraph 10 of this Schedule, no
part of the area comprised within the municipality of Shillong shall be deemed
to be within the 5[Khasi Hills District].
2[(3) The reference in Part IIA in the table below to the “Tripura Tribal
Areas District” shall be construed as a reference to the territory comprising
the tribal areas specified in the First Schedule to the Tripura Tribal Areas
Autonomous District Council Act, 1979.]
TABLE
PART I
1. The North Cachar Hills District.
2. 6[The Karbi Anglong District.]
3. 7[The Bodoland Territorial Areas District.]
PART II
5[1. Khasi Hills District.
2. Jaintia Hills District.]
3. The Garo Hills District.
1Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (i) and Eighth
Sch., for paragraphs 20 and 20A (w.e.f. 21-1-1972).
2 Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
3Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Union territory” (w.e.f.
20-2-1987).
4Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for “Any reference in the
Table below” (w.e.f. 1-4-1985).
5Subs. by the Government of Meghalaya Notification No. DCA 31/72/11 dated the 14th June,
1973, Gazette of Meghalaya, Pt. VA, dated 23-6-1973, p. 200.
6Subs. by the Government of Assam Notification No. TAD/R/115/74/47, dated 14-10-1976 for
“The Mikir Hills District”.
7Ins. by the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44
of 2003), s. 2.
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310
1[PART IIA
Tripura Tribal Areas District.]
PART III
2***
3[1. The Chakma District.
4[2. The Mara District.
3. The Lai District.]]
5[20A. Dissolution of the Mizo District Council.—(1) Notwithstanding
anything in this Schedule, the District Council of the Mizo District existing
immediately before the prescribed date (hereinafter referred to as the Mizo
District Council) shall stand dissolved and cease to exist.
(2) The Administrator of the Union territory of Mizoram may, by one or
more orders, provide for all or any of the following matters, namely:—
(a) the transfer, in whole or in part, of the assets, rights and liabilities
of the Mizo District Council (including the rights and liabilities under
any contract made by it) to the Union or to any other authority;
(b) the substitution of the Union or any other authority for the Mizo
District Council, or the addition of the Union or any other authority, as
a party to any legal proceedings to which the Mizo District Council is a
party;
(c) the transfer or re-employment of any employees of the Mizo District
Council to or by the Union or any other authority, the terms and
conditions of service applicable to such employees after such transfer or
re-employment;
(d) the continuance of any laws, made by the Mizo District Council
and in force immediately before its dissolution, subject to such
adaptations and modifications, whether by way of repeal or amendment,
as the Administrator may make in this behalf, until such laws are altered,
repealed or amended by a competent Legislature or other competent
authority;
1Ins. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4 (w.e.f. 1-4-1985).
2The words “The Mizo District.” omitted by the Government of Union Territories
(Amendment) Act, 1971 (83 of 1971), s. 13 (w.e.f. 29-4-1972).
3Ins. by the Mizoram District Councils (Miscellaneous Provisions) Order, 1972, published
in the Mizoram Gazette, 1972, dated the 5th May, 1972, Vol. I, Pt. II, p. 17 (w.e.f 29-4-1972).
4Subs. by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988),
s. 2, for serial numbers 2 and 3 and the entries relating thereto.
5Subs. by the Government of Union Territories (Amendment) Act, 1971 (83 of 1971),
s. 13, for paragraph 20A (w.e.f. 29-4-1972).
THE CONSTITUTION OF INDIA
(Sixth Schedule)
311
(e) such incidental, consequential and supplementary matters as the
Administrator considers necessary.
Explanation.—In this paragraph and in paragraph 20B of this Schedule,
the expression “prescribed date” means the date on which the Legislative
Assembly of the Union territory of Mizoram is duly constituted under and in
accordance with the provisions of the Government of Union Territories Act,
1963.
120B. Autonomous regions in the Union territory of Mizoram to be
autonomous districts and transitory provisions consequent thereto.—(1)
Notwithstanding anything in this Schedule,—
(a) every autonomous region existing immediately before the
prescribed date in the Union territory of Mizoram shall, on and from
that date, be an autonomous district in that Union territory (hereafter
referred to as the corresponding new district) and the Administrator
thereof may, by one or more orders, direct that such consequential
amendments as are necessary to give effect to the provisions of this clause
shall be made in paragraph 20 of this Schedule (including Part III of the
table appended to that paragraph) and thereupon the said paragraph
and the said Part III shall be deemed to have been amended accordingly;
(b) every Regional Council of an autonomous region in the Union
territory of Mizoram existing immediately before the prescribed date
(hereafter referred to as the existing Regional Council) shall, on and
from that date and until a District Council is duly constituted for the
corresponding new district, be deemed to be the District Council of that
district (hereafter referred to as the corresponding new District Council).
1After paragraph 20B, the following paragraph has been inserted in its application to the State of
Assam by the Sixth Schedule to the Constitution (Amendment) Act, 1995 (42 of 1995), s. 2, namely:—
“20BA. Exercise of discretionary powers by the Governor in the discharge of his functions.—
The Governor in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, subparagraphs
(1), (6), sub-paragraph (6A) excluding the first proviso and sub-paragraph (7) of paragraph
2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of paragraph 4, paragraph 5, sub-paragraph
(1) of paragraph 6, sub-paragraph (2) of paragraph 7, sub-paragraph (4) of paragraph 8, sub-paragraph
(3) of paragraph 9, sub-paragraph (3) of paragraph 10, sub-paragraph (1) of paragraph 14, subparagraph
(1) of paragraph 15 and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall,
after consulting the Council of Ministers and the North Cachar Hills Autonomous Council or the Karbi
Anglong Autonomous Council, as the case may be, take such action as he considers necessary in his
discretion.”
After paragraph 20B, the following paragraph has been inserted in its application to the States
of Tripura and Mizoram, by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of
1988), s. 2, namely:—
“20BB. Exercise of discretionary powers by the Governor in the discharge of his functions.—
The Governor, in the discharge of his functions under sub-paragraphs (2) and (3) of paragraph 1, subparagraphs
(1) and (7) of paragraph 2, sub-paragraph (3) of paragraph 3, sub-paragraph (4) of
paragraph 4, paragraph 5, sub-paragraph (1) of paragraph 6, sub-paragraph (2) of paragraph 7, subparagraph
(3) of paragraph 9, sub-paragraph (1) of paragraph 14, sub-paragraph (1) of paragraph 15
and sub-paragraphs (1) and (2) of paragraph 16 of this Schedule, shall, after consulting the Council of
Ministers, and if he thinks it necessary, the District Council or the Regional Council concerned, take
such action as he considers necessary in his discretion.” .
THE CONSTITUTION OF INDIA
(Sixth Schedule)
312
(2) Every member whether elected or nominated of an existing Regional
Council shall be deemed to have been elected or, as the case may be, nominated
to the corresponding new District Council and shall hold office until a District
Council is duly constituted for the corresponding new district under this
Schedule.
(3) Until rules are made under sub-paragraph (7) of paragraph 2 and
sub-paragraph (4) of paragraph 4 of this Schedule by the corresponding new
District Council, the rules made under the said provisions by the existing
Regional Council and in force immediately before the prescribed date shall
have effect in relation to the corresponding new District Council subject to
such adaptations and modifications as may be made therein by the
Administrator of the Union territory of Mizoram.
(4) The Administrator of the Union territory of Mizoram may, by one or
more orders, provide for all or any of the following matters, namely:—
(a) the transfer in whole or in part of the assets, rights and liabilities
of the existing Regional Council (including the rights and liabilities
under any contract made by it) to the corresponding new District Council;
(b) the substitution of the corresponding new District Council for the
existing Regional Council as a party to the legal proceedings to which
the existing Regional Council is a party;
(c) the transfer or re-employment of any employees of the existing
Regional Council to or by the corresponding new District Council, the
terms and conditions of service applicable to such employees after such
transfer or re-employment;
(d) the continuance of any laws made by the existing Regional Council
and in force immediately before the prescribed date, subject to such
adaptations and modifications, whether by way of repeal or amendment,
as the Administrator may make in this behalf until such laws are altered,
repealed or amended by a competent Legislature or other competent
authority;
(e) such incidental, consequential and supplementary matters as the
Administrator considers necessary.
20C. Interpretation.—Subject to any provision made in this behalf, the
provisions of this Schedule shall, in their application to the Union territory
of Mizoram, have effect—
(1) as if references to the Governor and Government of the State were
references to the Administrator of the Union territory appointed under
article 239, references to State (except in the expression “Government of
THE CONSTITUTION OF INDIA
(Sixth Schedule)
313
the State”) were references to the Union territory of Mizoram and references
to the State Legislature were references to the Legislative Assembly of the
Union territory of Mizoram;
(2) as if—
(a) in sub-paragraph (5) of paragraph 4, the provision for consultation
with the Government of the State concerned had been omitted;
(b) in sub-paragraph (2) of paragraph 6, for the words “to which the
executive power of the State extends”, the words “with respect to which
the Legislative Assembly of the Union territory of Mizoram has power to
make laws” had been substituted;
(c) in paragraph 13, the words and figures “under article 202” had
been omitted.]]
21. Amendment of the Schedule.—(1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the provisions
of this Schedule and, when the Schedule is so amended, any reference to this
Schedule in this Constitution shall be construed as a reference to such Schedule
as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
shall be deemed to be an amendment of this Constitution for the purposes
of article 368.
Gulshan Tanwar
(Expert) 06 January 2011
1[FIRST SCHEDULE
[Articles 1 and 4]
I. THE STATES
Name Territories
1. Andhra Pradesh 2[The territories specified in sub-section (1) of
section 3 of the Andhra State Act, 1953, subsection
(1) of section 3 of the States Reorganisation
Act, 1956, the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries)
Act, 1959, and the Schedule to the Andhra
Pradesh and Mysore (Transfer of Territory) Act,
1968, but excluding the territories specified in
the Second Schedule to the Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959.]
2. Assam The territories which immediately before the
commencement of this Constitution were
comprised in the Province of Assam, the Khasi
States and the Assam Tribal Areas, but excluding
the territories specified in the Schedule to the
Assam (Alteration of Boundaries) Act, 1951 3[and
the territories specified in sub-section (1) of
section 3 of the State of Nagaland Act, 1962] 4[and
the territories specified in sections 5, 6 and 7 of
the North-Eastern Areas (Reorganisation) Act,
1971].
3. Bihar 5[The territories which immediately before the
commencement of this Constitution were either
comprised in the Province of Bihar or were being
administered as if they formed part of that
Province and the territories specified in clause
1Subs. by the Constitution (Seventh Amendment} Act, 1956, s. 2, for the First Sch.
2Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968)
s. 4, for the former entry (w.e.f. 1-10-1968).
3Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
4Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f.
21-1-1972).
5Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968),
s. 4, for the former entry (w.e.f. 10-6-1970).
269
(a) of sub-section (1) of section 3 of the Bihar
and Uttar Pradesh (Alteration of Boundaries) Act,
1968, but excluding the territories specified in
sub-section (1) of section 3 of the Bihar and West
Bengal (Transfer of Territories) Act, 1956, and the
territories specified in clause (b) of sub-section
(1) of section 3 of the first mentioned Act 1[and
the territories specified in section 3 of the Bihar
Reorganisation Act, 2000].]
2[4. Gujarat The territories referred to in sub-section (1) of
section 3 of the Bombay Reorganisation Act,
1960.]
5. Kerala The territories specified in sub-section (1) of
section 5 of the States Reorganisation Act, 1956.
6. Madhya Pradesh The territories specified in sub-section (1) of
section 9 of the States Reorganisation Act, 1956
3[and the First Schedule to the Rajasthan and
Madhya Pradesh (Transfer of Territories) Act,
1959 4[but excluding the territories specified in
section 3 of the Madhya Pradesh Reorganisation
Act, 2000].]
5[7. Tamil Nadu] The territories which immediately before the
commencement of this Constitution were either
comprised in the Province of Madras or were being
administered as if they formed part of that Province
and the territories specified in section 4 of the States
Reorganisation Act, 1956, 6[and the Second
Schedule to the Andhra Pradesh and Madras
(Alteration of Boundaries) Act, 1959,] but excluding
the territories specified in sub-section (1) of section 3
and sub-section (1) of section 4 of the Andhra State
Act, 1953 and 7[the territories specified in
clause (b) of sub-section (1) of section 5, section 6
Name Territories
1Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).
2Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4, for entry 4 (w.e.f.
1-5-1960).
3Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of
1959), s. 4 (w.e.f. 1-10-1959).
4Ins. by the Madhya Pardesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f. 1-11-2000).
5Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for “7.
Madras” (w.e.f. 14-1-1969).
6Ins. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of
1959), s. 6 (w.e.f. 1-4-1960).
7Subs. by s. 6, ibid., for certain words (w.e.f. 1-4-1960).
THE CONSTITUTION OF INDIA
(First Schedule)
270
and clause (d) of sub-section (1) of section 7 of the
States Reorganisation Act, 1956 and the territories
specified in the First Schedule to the Andhra
Pradesh and Madras (Alteration of Boundaries) Act,
1959].
1[8. Maharashtra The territories specified in sub-section (1) of
section 8 of the States Reorganisation Act, 1956,
but excluding the territories referred to in subsection
(1) of section 3 of the Bombay
Reorganisation Act, 1960.]
2[3[9.] Karnataka] The territories specified in sub-section (1) of
section 7 of the States Reorganisation Act, 1956
4[but excluding the territory specified in the
Schedule to the Andhra Pradesh and Mysore
(Transfer of Territory) Act, 1968].
3[10.] Orissa The territories which immediately before the
commencement of this Constitution were either
comprised in the Province of Orissa or were being
administered as if they formed part of that
Province.
3[11.] Punjab The territories specified in section 11 of the States
Reorganisation Act, 1956 5[and the territories
referred to in Part II of the First Schedule to the
Acquired Territories (Merger) Act, 1960] 6[but
excluding the territories referred to in Part II of
the First Schedule to the Constitution (Ninth
Amendment) Act, 1960] 7[and the territories
specified in sub-section (1) of section 3, section 4
and sub-section (1) of section 5 of the Punjab
Reorganisation Act, 1966].
Name Territories
1Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960).
2Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for “9.
Mysore” (w.e.f. 1-11-1973).
3Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960
(11 of 1960), s. 4 (w.e.f. 1-5-1960).
4Ins. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968),
s. 4 (w.e.f. 1-10-1968).
5Ins. by the Acquired Territories (Merger) Act, I960 (64 of 1960), s. 4 (w.e.f. 17-1-1961).
6Added by the Constitution (Ninth Amendment) Act, 1960, s. 3 (w.e.f. 17-1-1961).
7Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
THE CONSTITUTION OF INDIA
(First Schedule)
271
Name Territories
1[12.] Rajasthan The territories specified in section 10 of the States
Reorganisation Act, 1956 2[but excluding the
territories specified in the First Schedule to the
Rajasthan and Madhya Pradesh (Transfer of
Territories) Act, 1959].
1[13.] Uttar Pradesh 3[The territories which immediately before the
commencement of this Constitution were either
comprised in the Province known as the United
Provinces or were being administered as if they
formed part of that Province, the territories
specified in clause (b) of sub-section (1) of section 3
of the Bihar and Uttar Pradesh (Alteration of
Boundaries) Act, 1968, and the territories
specified in clause (b) of sub-section (1) of section
4 of the Haryana and Uttar Pradesh (Alteration
of Boundaries) Act, 1979, but excluding the
territories specified in clause (a) of sub-section
(1) of section 3 of the Bihar and Uttar Pradesh
(Alteration of Boundaries) Act, 1968, 4[and the
territories specified in section 3 of the Uttar
Pradesh Reorganisation Act, 2000] and the
territories specified in clause (a) of sub-section (1)
of section 4 of the Haryana and Uttar Pradesh
(Alteration of Boundaries) Act, 1979.]
1[14.] West Bengal The territories which immediately before the
commencement of this Constitution were either
comprised in the Province of West Bengal or were
being administered as if they formed part of that
Province and the territory of Chandernagore as
defined in clause (c) of section 2 of the
Chandernagore (Merger) Act, 1954 and also the
territories specified in sub-section (1) of section 3
of the Bihar and West Bengal (Transfer of
Territories) Act, 1956.
1Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960
(11 of 1960) s. 4 (w.e.f. 1-5-1960).
2Ins. by the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of
1959), s. 4 (w.e.f. 1-10-1959).
3Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of
1979), s. 5, for the entry against “13. Uttar Pradesh” (w.e.f. 15-9-1983).
4Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).
THE CONSTITUTION OF INDIA
(First Schedule)
272
1[15.] Jammu and The territory which immediately before the
Kashmir commencement of this Constitution was
comprised in the Indian State of Jammu and
Kashmir.
2[16. Nagaland The territories specified in sub-section (1) of
section 3 of the State of Nagaland Act, 1962.]
3[17. Haryana 4[The territories specified in sub-section (1) of
section 3 of the Punjab Reorganisation Act, 1966
and the territories specified in clause (a) of subsection
(1) of section 4 of the Haryana and Uttar
Pradesh (Alteration of Boundaries) Act, 1979, but
excluding the territories specified in clause (v) of
sub-section (1) of section 4 of that Act.]]
5[18. Himachal Pradesh The territories which immediately before the
commencement of this Constitution were being
administered as if they were Chief
Commissioners’ Provinces under the names of
Himachal Pradesh and Bilaspur and the
territories specified in sub-section (1) of section 5
of the Punjab Reorganisation Act, 1966.]
6[19. Manipur The territory which immediately before the
commencement of this Constitution was being
administered as if it were a Chief Commissioner’s
Province under the name of Manipur.
20. Tripura The territory which immediately before the
commencement of this Constitution was being
administered as if it were a Chief Commissioner’s
Province under the name of Tripura.
21. Meghalaya The territories specified in section 5 of the North-
Eastern Areas (Reorganisation) Act, 1971.]
Name Territories
1Entries 8 to 14 renumbered as entries 9 to 15 by the Bombay Reorganisation Act, 1960
(11 of 1960), s. 4 (w.e.f. 1-5-1960).
2Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
3Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. l-11-1966).
4Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of
1979). s. 5, for the entry against “17. Haryana” (w.e.f. 15-9-1983).
5Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
61ns. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f.
21-1-1972).
THE CONSTITUTION OF INDIA
(First Schedule)
273
Name Territories
1[22. Sikkim The territories which immediately before the
commencement of the Constitution (Thirty-sixth
Amendment) Act, 1975, were comprised in Sikkim.]
2[23. Mizoram The territories specified in section 6 of the North-
Eastern Areas (Reorganisation) Act, 1971.]
3[24. Arunachal Pradesh The territories specified in section 7 of the North-
Eastern Areas (Reorganisation) Act, 1971.]
4[25. Goa The territories specified in section 3 of the Goa,
Daman and Diu Reorganisation Act, 1987.]
5[26. Chhattisgarh The territories specified in section 3 of the
Madhya Pradesh Reorganisation Act, 2000.]
6[27. 7[Uttarakhand] The territories specified in section 3 of the Uttar
Pradesh Reorganisation Act, 2000.]
8[28. Jharkhand The territories specified in section 3 of the Bihar
Reorganisation Act, 2000.]
II. THE UNION TERRITORIES
Name Extent
1. Delhi The territory which immediately before the
commencement of this Constitution was
comprised in the Chief Commissioner’s Province
of Delhi.
9* * * * *
10* * * * *
11[2.] The Andaman The territory which immediately before the
and Nicobar commencement of this Constitution was
Islands comprised in the Chief Commissioner’s Province
of the Andaman and Nicobar Islands.
1Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).
2Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987).
3Ins. by the State of Arunachal Pardesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).
4Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5 (w.e.f.
30-5-1987).
5Ins. by the Madhya Pardesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f.
l-11-2000).
6Ins. by the Uttar Pardesh Reorganisation Act, 2000 (29 of 2000) s. 5 (w.e.f.
9-11-2000).
7Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the word
“Uttaranchal” (w.e.f. 1-1-2007).
8Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. l5-11-2000).
9Entry 2 relating to “Himachal Pradesh” omitted by the State of Himachal Pradesh Act,
1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
10Entries relating to Manipur and Tripura omitted by the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
11Entries 4 to 9 renumbered as entries 2 to 7 by s. 9, ibid. (w.e.f. 21-1-1972).
THE CONSTITUTION OF INDIA
(First Schedule)
274
Name Territories
1[3.] 2[Lakshadweep] The territory specified in section 6 of the States
Reorganisation Act, 1956.
3[1[4.] Dadra and The territory which immediately before the
Nagar Haveli eleventh day of August, 1961 was comprised in
Free Dadra and Nagar Haveli.]
4[1[5.] Daman and Diu The territories specified in section 4 of the Goa,
Daman and Diu Reorganisation Act, 1987.]
5[1[6.] 6[Puducherry] The territories which immediately before the
sixteenth day of August, 1962, were comprised
in the French Establishments in India known as
Pondicherry, Karikal, Mahe and Yanam.]
7[1[7.] Chandigarh The territories specified in section 4 of the Punjab
Reorganisation Act, 1966.]
8* * * * *
9* * * * *
1Entries 4 to 9 renumbered as entries 2 to 7 by the North-Eastern Areas (Reorganisation)
Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
2Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973
(34 of 1973), s. 5, for “The Laccadive, Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
3Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 2.
4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5, for entry
5 (w.e.f. 30-5-1987).
5Ins. by the Constitution (Fourteenth Amendment) Act, 1962, ss. 3 and 7 (w.e.f.
16-8-1962).
6Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5, for the word
“Pondicherry“ (w.e.f. 1-10-2006).
7lns. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.ef. 1-11-1966).
8Entry 8 relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986),
s. 4 and entry 9 relating to Arunachal Pradesh renumbered as entry 8 (w.e.f. 20-2-1987).
9Entry 8 relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act,
1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).
Gulshan Tanwar
(Expert) 06 January 2011
SECOND SCHEDULE
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
PART A
PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES 1***
1. There shall be paid to the President and to the Governors of the
States 1*** the following emoluments per mensem, that is to say:—
The President .. 10,000 rupees*.
The Governor of a State .. 5,500 rupees**.
2. There shall also be paid to the President and to the Governors of the
States 2*** such allowances as were payable respectively to the Governor-
General of the Dominion of India and to the Governors of the corresponding
Provinces immediately before the commencement of this Constitution.
3. The President and the Governors of 3[the States] throughout their
respective terms of office shall be entitled to the same privileges to which the
Governor-General and the Governors of the corresponding Provinces were
respectively entitled immediately before the commencement of this
Constitution.
4. While the Vice-President or any other person is discharging the functions
of, or is acting as, President, or any person is discharging the functions of the
Governor, he shall be entitled to the same emoluments, allowances and
privileges as the President or the Governor whose functions he discharges or
for whom he acts, as the case may be.
4* * * * *
1The words and letters “specified in Part A of the First Schedule” omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
*Now 50,000 rupees, vide the President’s Emoluments and Pension (Amendment) Act,
1998 (25 of 1998), s. 2 (w.e.f. 1-1-1996).
**Now 36,000 rupees, vide the Governors (Emoluments, Allowances and Privileges)
Amendment Act, 1998 (27 of 1998), s. 2 (w.e.f. 1-1-1996).
2The words “so specified” omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.
3Subs. by s. 29 and Sch., ibid., for “such States”.
4Part B omitted by s. 29 and sch., ibid.
276
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE
PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF
STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE
ASSEMBLY 1*** AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE
LEGISLATIVE COUNCIL OF 2[A STATE]
7. There shall be paid to the Speaker of the House of the People and the
Chairman of the Council of States such salaries and allowances as were
payable to the Speaker of the Constituent Assembly of the Dominion of India
immediately before the commencement of this Constitution, and there shall
be paid to the Deputy Speaker of the House of the People and to the Deputy
Chairman of the Council of States such salaries and allowances as were
payable to the Deputy Speaker of the Constituent Assembly of the Dominion
of India immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the
Legislative Assembly 3*** and to the Chairman and the Deputy Chairman of
the Legislative Council of 4[a State] such salaries and allowances as were
payable respectively to the Speaker and the Deputy Speaker of the Legislative
Assembly and the President and the Deputy President of the Legislative
Council of the corresponding Province immediately before the commencement
of this Constitution and, where the corresponding Province had no Legislative
Council immediately before such commencement, there shall be paid to the
Chairman and the Deputy Chairman of the Legislative Council of the State
such salaries and allowances as the Governor of the State may determine.
PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
HIGH COURTS 5***
9. (1) There shall be paid to the Judges of the Supreme Court, in respect
of time spent on actual service, salary at the following rates per mensem, that
is to say:—
The Chief Justice .. 6[10,000 rupees.]*
Any other Judge .. 7[9,000 rupees]:**
1The words and letter “OF A STATE IN PART A OF THE FIRST SCHEDULE” omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch.
2Subs. by s. 29 and Sch., ibid., for “ANY SUCH STATE”.
3The words and letter “of a State specified in Part A of the First Schedule” omitted by s.
29 and Sch., ibid.
4Subs. by s. 29 and Sch., ibid., for “such State”.
5The words and letter “IN STATES IN PART A OF THE FIRST SCHEDULE” omitted by s. 25, ibid.
6Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for “5,000 rupees”
(w.e.f. 1-4-1986).
7Subs. by s. 4, ibid., for “4,000 rupees” (w.e.f. 1-4-1986).
*Now 33,000 rupees, vide the High Court and Supreme Court Judges (Conditions of
Service) Amendment Act, 1998 (81 of 1998), s. 7 (w.e.f. 1-1-1996).
**Now 30,000 rupees, vide s. 7, ibid. (w.e.f. 1-1-1996).
THE CONSTITUTION OF INDIA
(Second Schedule)
277
Provided that if a Judge of the Supreme Court at the time of his
appointment is in receipt of a pension (other than a disability or wound
pension) in respect of any previous service under the Government of India
or any of its predecessor Governments or under the Government of a State
or any of its predecessor Governments, his salary in respect of service in the
Supreme Court 1[shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion
of the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity
in respect of such previous service, by the pension equivalent of that
gratuity].
(2) Every Judge of the Supreme Court shall be entitled without payment
of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge
who, immediately before the commencement of this Constitution,—
(a) was holding office as the Chief Justice of the Federal Court and
has become on such commencement the Chief Justice of the Supreme
Court under clause (1) of article 374, or
(b) was holding office as any other Judge of the Federal Court and has
on such commencement become a Judge (other than the Chief Justice) of
the Supreme Court under the said clause,
during the period he holds office as such Chief Justice or other Judge, and
every Judge who so becomes the Chief Justice or other Judge of the Supreme
Court shall, in respect of time spent on actual service as such Chief Justice
or other Judge, as the case may be, be entitled to receive in addition to the
salary specified in sub-paragraph (1) of this paragraph as special pay an
amount equivalent to the difference between the salary so specified and the
salary which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable
allowances to reimburse him for expenses incurred in travelling on duty
within the territory of India and shall be afforded such reasonable facilities
1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for “shall be reduced
by the amount of that pension”.
THE CONSTITUTION OF INDIA
(Second Schedule)
278
in connection with travelling as the President may from time to time
prescribe.
(5) The rights in respect of leave of absence (including leave allowances)
and pension of the Judges of the Supreme Court shall be governed by the
provisions which, immediately before the commencement of this Constitution,
were applicable to the Judges of the Federal Court.
10. 1[(1) There shall be paid to the Judges of High Courts, in respect of
time spent on actual service, salary at the following rates per mensem, that
is to say,—
The Chief Justice .. 2[9,000 rupees]*
Any other Judge .. 3[8,000 rupees]:**
Provided that if a Judge of a High Court at the time of his appointment
is in receipt of a pension (other than a disability or wound pension) in respect
of any previous service under the Government of India or any of its predecessor
Governments or under the Government of a State or any of its predecessor
Governments, his salary in respect of service in the High Court shall be
reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion
of the pension due to him in respect of such previous service the commuted
value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity
in respect of such previous service, by the pension equivalent of that
gratuity.]
(2) Every person who immediately before the commencement of this
Constitution—
(a) was holding office as the Chief Justice of a High Court in any
Province and has on such commencement become the Chief Justice of the
High Court in the corresponding State under clause (1) of article 376,
or
1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for sub-paragraph
(1).
2Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 4, for “4000 rupees”
(w.e.f. 1-4-1986).
3Subs. by s. 4, ibid, for “3,500 rupees” (w.e.f. 1-4-1986).
*Now “30,000 rupees” vide the High Court and Supreme Court Judges (Conditions of
Service) Amendment Act, 1998 (18 of 1998), s. 4 (w.e.f. 1-1-1996).
**Now “26,000 rupees” vide s. 4, ibid. (w.e.f. 1-1-1996).
THE CONSTITUTION OF INDIA
(Second Schedule)
279
(b) was holding office as any other Judge of a High Court in any
Province and has on such commencement become a Judge (other than the
Chief Justice) of the High Court in the corresponding State under the said
clause,
shall, if he was immediately before such commencement drawing a salary at
a rate higher than that specified in sub-paragraph (1) of this paragraph, be
entitled to receive in respect of time spent on actual service as such Chief
Justice or other Judge, as the case may be, in addition to the salary specified
in the said sub-paragraph as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing
immediately before such commencement.
1[(3) Any person who, immediately before the commencement of the
Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief
Justice of the High Court of a State specified in Part B of the First Schedule
and has on such commencement become the Chief Justice of the High Court
of a State specified in the said Schedule as amended by the said Act, shall,
if he was immediately before such commencement drawing any amount as
allowance in addition to his salary, be entitled to receive in respect of time
spent on actual service as such Chief Justice, the same amount as allowance
in addition to the salary specified in sub-paragraph (1) of this paragraph.]
11. In this Part, unless the context otherwise requires,—
(a) the expression “Chief Justice” includes an acting Chief Justice,
and a “Judge” includes an ad hoc Judge;
(b) “actual service” includes—
(i) time spent by a Judge on duty as a Judge or in the performance
of such other functions as he may at the request of the President
undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent
on leave; and
(iii) joining time on transfer from a High Court to the Supreme
Court or from one High Court to another.
1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for sub-paragraphs
(3) and (4).
PART E
PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA
12. (1) There shall be paid to the Comptroller and Auditor-General of
India a salary at the rate of *four thousand rupees per mensem.
(2) The person who was holding office immediately before the
commencement of this Constitution as Auditor-General of India and has
become on such commencement the Comptroller and Auditor-General of
India under artcle 377 shall in addition to the salary specified in subparagraph
(1) of this paragraph be entitled to receive as special pay an
amount equivalent to the difference between the salary so specified and the
salary which he was drawing as Auditor-General of India immediately before
such commencement.
(3) The rights in respect of leave of absence and pension and the other
conditions of service of the Comptroller and Auditor-General of India shall
be governed or shall continue to be governed, as the case may be, by the
provisions which were applicable to the Auditor-General of India immediately
before the commencement of this Constitution and all references in those
provisions to the Governor-General shall be construed as references to the
President.
*The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971). The salary of Judges of the Supreme Court has been raised to Rs. 30,000 per mensem by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), s. 7 (w.e.f. 1-1-1996).
Gulshan Tanwar
(Expert) 06 January 2011
THIRD SCHEDULE
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]*
Forms of Oaths or Affirmations
I
Form of oath of office for a Minister for the Union:—
“I, A. B., do swear in the name of God
that I will bear true faith and
allegiance to the Constitution of India as by law established, 1[that I will
uphold the sovereignty and integrity of India,] that I will faithfully and
conscientiously discharge my duties as a Minister for the Union and that I
will do right to all manner of people in accordance with the Constitution and
the law, without fear or favour, affection or ill-will.”
II
Form of oath of secrecy for a Minister for the Union:—
“I, A.B., do swear in the name of God that I will not directly or indirectly
communicate or reveal to any person or persons any matter which shall be
brought under my consideration or shall become known to me as a Minister
for the Union except as may be required for the due discharge of my duties
as such Minister.”
2[III
A
Form of oath or affirmation to be made by a candidate for election to
Parliament:—
“I, A.B., having been nominated as a candidate to fill a seat in the
Council of States (or the House of the People) do swear in the name of God
that I will bear true faith and allegiance to the Constitution of India as by
law established and that I will uphold the sovereignty and integrity of India.”
282
solemnly affirm
solemnly affirm
solemnly affirm
*See also arts. 84(a) and 173 (a).
1Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5.
2Subs by s. 5, ibid., for Form III.
B
Form of oath or affirmation to be made by a member of Parliament:—
“I, A.B., having been elected (or nominated) a member of the Council of
States (or the House of the People) do swear in the name of God that I will
bear true faith and allegiance to the Constitution of India as by law established,
that I will uphold the sovereignty and integrity of India and that I will
faithfully discharge the duty upon which I am about to enter.”]
IV
Form of oath or affirmation to be made by the Judges of the Supreme
Court and the Comptroller and Auditor-General of India:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme
Court of India (or Comptroller and Auditor-General of India) do
swear in the name of God
that I will bear true faith and allegiance to the
Constitution of India as by law established, 1[that I will uphold the sovereignty
and integrity of India,] that I will duly and faithfully and to the best of my
ability, knowledge and judgment perform the duties of my office without
fear or favour, affection or ill-will and that I will uphold the Constitution and
the laws.”
V
Form of oath of office for a Minister for a State:—
“I, A.B., do
swear in the name of God
that I will bear true faith and
allegiance to the Constitution of India as by law established, 1[that I will
uphold the sovereignty and integrity of India,] that I will faithfully and
conscientiously discharge my duties as a Minister for the State of ..........and
that I will do right to all manner of people in accordance with the Constitution
and the law without fear or favour, affection or ill-will.”
VI
Form of oath of secrecy for a Minister for a State:—
“I, A.B., do swear in the name of God that I will not directly or indirectly
communicate or reveal to any person or persons any matter which shall be
solemnly affirm
solemnly affirm
solemnly affirm
solemnly affirm
1Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5.
THE CONSTITUTION OF INDIA
(Third Schedule)
283
brought under my consideration or shall become known to me as a Minister for
the State of ....................except as may be required for the due discharge of my
duties as such Minister.”
1[VII
A
Form of oath or affirmation to be made by a candidate for election to the
Legislature of a State:—
“I, A.B., having been nominated as a candidate to fill a seat in the
Legislative Assembly (or Legislative Council), do swear in the name of God
that I will bear true faith and allegiance to the Constitution of India as by law
established and that I will uphold the sovereignty and integrity of India.”
B
Form of oath or affirmation to be made by a member of the Legislature of a
State:—
“I, A.B., having been elected (or nominated) a member of the Legislative
Assembly (or Legislative Council), do swear in the name of God
that I will
bear true faith and allegiance to the Constitution of India as by law established,
that I will uphold the sovereignty and integrity of India and that I will
faithfully discharge the duty upon which I am about to enter.”]
VIII
Form of oath or affirmation to be made by the Judges of a High Court:—
“I, A.B., having been appointed Chief Justice (or a Judge) of the High
Court at (or of) ..........do
swear in the name of
God
that I will bear true faith
and allegiance to the Constitution of India as by law established, 2[that I will
uphold the sovereignty and integrity of India,] that I will duly and faithfully
and to the best of my ability, knowledge and judgment perform the duties of my
office without fear or favour, affection or ill-will and that I will uphold the
Constitution and the laws.”
solemnly affirm
1Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 5, for Form VII.
2Ins. by s. 5, ibid.
solemnly affirm
solemnly affirm
THE CONSTITUTION OF INDIA
(Third Schedule)
284
Gulshan Tanwar
(Expert) 06 January 2011
1[FOURTH SCHEDULE
[Articles 4(1) and 80(2)]
Allocation of seats in the Council of States
To each State or Union territory specified in the first column of the
following table, there shall be allotted the number of seats specified in the
second column thereof opposite to that State or that Union territory, as the
case may be:
TABLE
1. Andhra Pradesh ................................................................. 18
2. Assam .................................................................................... 7
3. Bihar ....................................................................................... 2[16]
3[4 Jharkhand ............................................................................. 6]
4[5[5.] Goa .......................................................................................... 1]
6[5[6.] Gujarat ................................................................................... 11]
7[5[7.] Haryana ................................................................................ 5]
5[8.] Kerala ..................................................................................... 9
5[9.] Madhya Pradesh ................................................................ 8[11]
9[5[10.] Chhattisgarh ........................................................................ 5]
10[5[11.] Tamil Nadu] ......................................................................... 11[18]
12[5[12.] Maharashtra ......................................................................... 19]
13[5[13.] Karnataka] ............................................................................. 12
5[14.] Orissa ..................................................................................... 10
5[15.] Punjab .................................................................................... 14[7]
285
1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3, for the Fourth Sch.
2Subs. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 7, for “22” (w.e.f. 15-11-2000).
3Ins. by s. 7, ibid. (w.e.f. 15-11-2000).
4Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6 (w.e.f.
30-5-1987).
5Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
6Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6, for entry 4* (renumbered
as 6*) (w.e.f. 1-5-1960).
7Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9 (w.e.f. 1-11-1966).
8Subs. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 7, for “16”
(w.e.f. 1-11-2000).
9Ins. by s. 7, ibid. (w.e.f. 1-11-2000).
10Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 5, for “*8.
Madras” (renumbered as *11) (w.e.f. 14-1-1969).
11Subs. by the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
(56 of 1959), s. 8, for “17” (w.e.f. 1-4-1960).
12Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 6 (w.e.f. 1-5-1960).
13Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 5, for “*10.
Mysore” (renumbered as *13) (w.e.f. 1-11-1973).
14Subs. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 9, for “11” (w.e.f. 1-11-1966).
1[16.] Rajasthan .............................................................................. 10
1[17.] Uttar Pradesh ...................................................................... 2[31]
3[1[18.] 4[Uttarakhand] ......................................................................... 3]
1[19.] West Bengal .......................................................................... 16
1[20.] Jammu and Kashmir ......................................................... 4
5[1[21.] Nagaland .............................................................................. 1]
6[1[22.] Himachal Pradesh ............................................................. 3]
1[23.] Manipur ................................................................................ 1
1[24.] Tripura ................................................................................... 1
1[25.] Meghalaya ............................................................................ 1
7[1[26.] Sikkim .................................................................................... 1]
8[1[27.] Mizoram ................................................................................ 1]
9[1[28.] Arunachal Pradesh ........................................................... 1]
1[29.] Delhi ....................................................................................... 3
1[30.] 10[Puducherry] ...................................................................... 1
Total .......................................................................... 11[233]]
1Entries 4 to 29 renumbered as entries 5 to 30 by the Bihar Reorganisation Act, 2000
(30 of 2000), s. 7 (w.e.f. 15-11-2000).
2Subs. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 7, for “34” (w.e.f.
9-11-2000).
3Ins. by s. 7, ibid. (w.e.f. 9-11-2000).
4Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 5 for the word
“Uttaranchal” (w.e.f. 1-1-2007).
5Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 6 (w.e.f. 1-12-1963).
6Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 5 (w.e.f. 25-1-1971).
7Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 4 (w.e.f. 26-4-1975).
8Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 5 (w.e.f. 20-2-1987).
9Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 5 (w.e.f. 20-2-1987).
10Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 6, for the
word “Pondicherry“ (w.e.f. 1-10-2006).
11Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 6, for
“232” (w.e.f. 30-5-1987).
Gulshan Tanwar
(Expert) 06 January 2011
FIFTH SCHEDULE
[Article 244(1)]
Provisions as to the Administration and Control of Scheduled Areas
and Scheduled Tribes
PART A
GENERAL
1. Interpretation.—In this Schedule, unless the context otherwise requires,
the expression “State” 1* * * does not include the 2[States of Assam
3[,4[ Meghalaya, Tripura and Mizoram.]]]
2. Executive power of a State in Scheduled Areas.—Subject to the
provisions of this Schedule, the executive power of a State extends to the
Scheduled Areas therein.
3. Report by the Governor 5* * * to the President regarding the
administration of Scheduled Areas.—The Governor 5*** of each State having
Scheduled Areas therein shall annually, or whenever so required by the
President, make a report to the President regarding the administration of the
Scheduled Areas in that State and the executive power of the Union shall
extend to the giving of directions to the State as to the administration of the
said areas.
PART B
ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes Advisory Council.—(1) There shall be established in each State
having Scheduled Areas therein and, if the President so directs, also in any
State having Scheduled Tribes but not Scheduled Areas therein, a Tribes
Advisory Council consisting of not more than twenty members of whom, as
nearly as may be, three-fourths shall be the representatives of the Scheduled
Tribes in the Legislative Assembly of the State:
287
1The words and letters “means a State specified in Part A or Part B of the First Schedule
but” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
“State of Assam” (w.e.f. 21-1-1972).
3Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 3, for “and Meghalaya”
(w.e.f. 1-4-1985).
4Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and
Tripura” (w.e.f. 20-2-1987).
5The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.
Provided that if the number of representatives of the Scheduled Tribes in
the Legislative Assembly of the State is less than the number of seats in the
Tribes Advisory Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such
matters pertaining to the welfare and advancement of the Scheduled Tribes
in the State as may be referred to them by the Governor 1* * *.
(3) The Governor 2* * * may make rules prescribing or regulating, as the
case may be,—
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the Council and
of the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything
in this Constitution, the Governor 1* * * may by public notification direct that
any particular Act of Parliament or of the Legislature of the State shall not
apply to a Scheduled Area or any part thereof in the State or shall apply to
a Scheduled Area or any part thereof in the State subject to such exceptions
and modifications as he may specify in the notification and any direction
given under this sub-paragraph may be given so as to have retrospective
effect.
(2) The Governor 1* * * may make regulations for the peace and good
government of any area in a State which is for the time being a Scheduled
Area.
In particular and without prejudice to the generality of the foregoing
power, such regulations may—
(a) prohibit or restrict the transfer of land by or among members of
the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes
in such area;
(c) regulate the carrying on of business as money-lender by persons
who lend money to members of the Scheduled Tribes in such area.
1The words “or Rajpramukh, as the case may be” omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch.
2The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.
THE CONSTITUTION OF INDIA
(Fifth Schedule)
288
(3) In making any such regulation as is referred to in sub-paragraph (2)
of this paragraph, the Governor 1*** may repeal or amend any Act of
Parliament or of the Legislature of the State or any existing law which is for
the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted forthwith
to the President and, until assented to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless the Governor
2*** making the regulation has, in the case where there is a Tribes Advisory
Council for the State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled Areas.—(1) In this Constitution, the expression “Scheduled
Areas” means such areas as the President may by order3 declare to be Scheduled
Areas.
(2) The President may at any time by order4—
(a) direct that the whole or any specified part of a Scheduled Area
shall cease to be a Scheduled Area or a part of such an area;
5[(aa) increase the area of any Scheduled Area in a State after
consultation with the Governor of that State;]
(b) alter, but only by way of rectification of boundaries, any Scheduled
Area;
(c) on any alteration of the boundaries of a State or on the admission
into the Union or the establishment of a new State, declare any territory
not previously included in any State to be, or to form part of, a Scheduled
Area;
1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.
2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid.
3See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9), the Scheduled Areas (Part
B States) Order, 1950 (C.O. 26), the Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O.
102) and the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order,
1977 (C.O. 109).
4See the Madras Scheduled Areas (Cessor) Order, 1950 (C.O. 30) and the Andhra
Scheduled Areas (Cessor) Order, 1955 (C.O. 50).
5Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976), s. 2.
THE CONSTITUTION OF INDIA
(Fifth Schedule)
289
1[(d) rescind, in relation to any State or States, any order or orders
made under this paragraph, and in consultation with the Governor of the
State concerned, make fresh orders redefining the areas which are to be
Scheduled Areas;]
and any such order may contain such incidental and consequential provisions
as appear to the President to be necessary and proper, but save as aforesaid,
the order made under sub-paragraph (1) of this paragraph shall not be varied
by any subsequent order.
PART D
AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.—(1) Parliament may from time to time
by law amend by way of addition, variation or repeal any of the provisions
of this Schedule and, when the Schedule is so amended, any reference to this
Schedule in this Constitution shall be construed as a reference to such Schedule
as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this paragraph
shall be deemed to be an amendment of this Constitution for the purposes of
article 368.
1Ins. by the Fifth Schedule to the Constitution (Amendment) Act, 1976 (101 of 1976), s. 2.
