Part V
The President and Vice President
52. The President of India.-
There shall be a President of India.
53. Executive power of the Union.-
(1) The executive power of the Union shall be vested in the President and shall be exercised by him
either directly or through officers subordinate to him in accordance
with this Constitution.
(2) Without prejudice to the generality of the foregoing provision,
the supreme command of the Defence Forces of the Union shall be vested
in the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall-
(a) be deemed to transfer to the President any functions conferred by
any existing law on the Government of any State or other authority;
or
(b) prevent Parliament from conferring by law functions on authorities
other than the President.
54. Election of President.- The President shall be elected by the
members of an electoral college consisting of-
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
[Explanation.-In this article and in article 55, State includes the
National Capital Territory of Delhi and the Union territory of
Pondicherry.]
55. Manner of election of President.-
(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.
(2) For the purpose of securing such uniformity among the States interse as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:-
(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
[Explanation.-In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census.]56. Term of office of President.- (1) The President shall hold office
for a term of five years from the date on which he enters upon his
office:
Provided that-
(a) the President may, by writing under his hand addressed to the
Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed
from office by impeachment in the manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a)
of the proviso to clause (1) shall forthwith be communicated by him to
the Speaker of the House of the People.
A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
58. Qualifications for election as President.- (1) No person shall be eligible for election as President unless he-
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he
holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject
to the control of any of the said Governments.
Explanation.-For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the
President or Vice-President of the Union or the Governor of any
State or is a Minister either for the Union or for any State. 59. Conditions of President's office.-
(1) The President shall not be
a member of either House of Parliament or of a House of the
Legislature of any State, and if a member of either House of
Parliament or of a House of the Legislature of any State be elected
President, he shall be deemed to have vacated his seat in that House
on the date on which he enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use
of his official residences and shall be also entitled to such
emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second
Schedule.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office. 60. Oath or affirmation by the President.-
Every President and every
person acting as President or discharging the functions of the
President shall, before entering upon his office, make and subscribe
in the presence of the Chief Justice of India or, in his absence, the
senior-most Judge of the Supreme Court available, an oath or
affirmation in the following form, that is to say-
"I, A.B., do swear in the name of God/solemnly affirm that I will
faithfully execute the office of President (or discharge the functions
of the President) of India and will to the best of my ability
preserve, protect and defend the Constitution and the law and that I
will devote myself to the service and well-being of the people of
India.". 61. Procedure for impeachment of the President.-
(1) When a President
is to be impeached for violation of the Constitution, the charge shall
be preferred by either House of Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to prefer such charge is contained in a resolution
which has been moved after at least fourteen days' notice in writing
signed by not less than one-fourth of the total number of members of
the House has been given of their intention to move the resolution,
and
(b) such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to
be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a
majority of not less than two-thirds of the total membership of the
House by which the charge was investigated or caused to be
investigated, declaring that the charge preferred against the
President has been sustained, such resolution shall have the effect of
removing the President from his office as from the date on which the
resolution is so passed. 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.-
(1) An election to fill a vacancy caused by the expiration of
the term of office of President shall be completed before the
expiration of the term.
(2) An election to fill a vacancy in the office of President occurring
by reason of his death, resignation or removal, or otherwise shall be
held as soon as possible after, and in no case later than six months
from, the date of occurrence of the vacancy; and the person elected
to fill the vacancy shall, subject to the provisions of article 56, be
entitled to hold office for the full term of five years from the date
on which he enters upon his office. 63. The Vice-President of India.-
There shall be a Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of
States.- The Vice-President shall be ex officio Chairman of the
Council of States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as
President or discharges the functions of the President under article
65, he shall not perform the duties of the office of Chairman of the
Council of States and shall not be entitled to any salary or allowance
payable to the Chairman of the Council of States under article 97.
65. The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President.- (1) In the event of the occurrence of any
vacancy in the office of the President by reason of his death,
resignation or removal, or otherwise, the Vice-President shall act as
President until the date on which a new President elected in
accordance with the provisions of this Chapter to fill such vacancy
enters upon his office.
(2) When the President is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-President shall
discharge his functions until the date on which the President resumes
his duties.
(3) The Vice-President shall, during, and in respect of, the period
while he is so acting as, or discharging the functions of, President,
have all the powers and immunities of the President and be entitled to
such emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second
Schedule.
66. Election of Vice-President.-
(1) The Vice-President shall be
elected by the [members of an electoral college consisting of the
members of both Houses of Parliament] in accordance with the system of
proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the Legislature
of any State be elected Vice-President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his
office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless
he-
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if
he holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject
to the control of any of the said Governments.
Explanation.-For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the
President or Vice-President of the Union or the Governor of any
State or is a Minister either for the Union or for any State.
67. Term of office of Vice-President.- The Vice-President shall hold
office for a term of five years from the date on which he enters upon
his office:
Provided that-
(a) a Vice-President may, by writing under his hand addressed to the
President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of
the Council of States passed by a majority of all the then members of
the Council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at
least fourteen days' notice has been given of the intention to move
the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
68. Time of holding election to fill vacancy in the office of
Vice-President and the term of office of person elected to fill casual
vacancy.- (1) An election to fill a vacancy caused by the expiration of
the term of office of Vice-President shall be completed before the
expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President
occurring by reason of his death, resignation or removal, or otherwise
shall be held as soon as possible after the occurrence of the vacancy,
and the person elected to fill the vacancy shall, subject to the
provisions of article 67, be entitled to hold office for the full term
of five years from the date on which he enters upon his office.
69. Oath or affirmation by the Vice-President.- Every Vice-President
shall, before entering upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation in the following form, that is to say-
"I, A.B., do swear in the name of God/solemnly affirm that I will bear
true faith and allegiance to the Constitution of India as by law
established and that I will faithfully discharge the duty upon which I
am about to enter.".
70.
Discharge of President's functions in other
contingencies.-
Parliament may make such provision as it thinks fit for the
discharge
of the functions of the President in any contingency not provided
for
in this Chapter. [71. Matters relating to, or connected with, the election of a
President or Vice-President.- (1) All doubts and disputes arising out
of or in connection with the election of a President or Vice-President
shall be inquired into and decided by the Supreme Court whose decision
shall be final.
(2) If the election of a person as President or Vice-President is
declared void by the Supreme Court, acts done by him in the exercise
and performance of the powers and duties of the office of President or
Vice-President, as the case may be, on or before the date of the
decision of the Supreme Court shall not be invalidated by reason of
that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by
law regulate any matter relating to or connected with the election of
a President or Vice-President.
(4) The election of a person as President or Vice-President shall not
be called in question on the ground of the existence of any vacancy
for whatever reason among the members of the electoral college
electing him.]
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.- (1) The President shall have
the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person
convicted of any offence-
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence
against any law relating to a matter to which the executive power of
the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to
suspend, remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the
Governor of a State under any law for the time being in force.
73. Extent of executive power of the Union.-
(1) Subject to the
provisions of this Constitution, the executive power of the Union
shall extend-
(a) to the matters with respect to which Parliament has power to make
laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty or
agreement: Provided that the executive power referred to in sub-clause (a) shall
not, save as expressly provided in this Constitution or in any law
made by Parliament, extend in any State to matters with respect
to which the Legislature of the State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article,
continue to exercise in matters with respect to which Parliament has
power to make laws for that State such executive power or functions as
the State or officer or authority thereof could exercise immediately
before the commencement of this Constitution.
Council of Ministers
74. Council of Ministers to aid and advise President.-
[(1) There
shall be a Council of Ministers with the Prime Minister at the head to
aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice:] [Provided that the President may require the Council of Ministers
to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration.] (2) The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.- (1) The Prime Minister shall
be appointed by the President and the other Ministers shall be
appointed by the President on the advice of the Prime Minister. (2) The Ministers shall hold office during the pleasure of the
President. (3) The Council of Ministers shall be collectively responsible to the
House of the People. (4) Before a Minister enters upon his office, the President shall
administer to him the oaths of office and of secrecy according to the
forms set out for the purpose in the Third Schedule. (5) A Minister who for any period of six consecutive months is not a
member of either House of Parliament shall at the expiration of that
period cease to be a Minister. (6) The salaries and allowances of Ministers shall be such as
Parliament may from time to time by law determine and, until
Parliament so determines, shall be as specified in the Second
Schedule.
The Attorney-General for India
76. Attorney-General for India.- (1) The President shall appoint a
person who is qualified to be appointed a Judge of the Supreme Court
to be Attorney-General for India. (2) It shall be the duty of the Attorney-General to give advice to the
Government of India upon such legal matters, and to perform such other
duties of a legal character, as may from time to time be referred or
assigned to him by the President, and to discharge the functions
conferred on him by or under this Constitution or any other law for
the time being in force. (3) In the performance of his duties the Attorney-General shall have
right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the
President, and shall receive such remuneration as the President may
determine.
Conduct of Government Business
77. Conduct of business of the Government of India.-
(1) All
executive action of the Government of India shall be expressed to be
taken in the name of the President. (2) Orders and other instruments made and executed in the name of the
President shall be authenticated in such manner as may be specified in
rules to be made by the President, and the validity of an order or
instrument which is so authenticated shall not be called in question
on the ground that it is not an order or instrument made or executed
by the President. (3) The President shall make rules for the more convenient transaction
of the business of the Government of India, and for the allocation
among Ministers of the said business.
78. Duties of Prime Minister as respects the furnishing of
information to the President, etc.- It shall be the duty of the Prime
Minister- (a) to communicate to the President all decisions of the Council of
Ministers relating to the administration of the affairs of the Union
and proposals for legislation; (b) to furnish such information relating to the administration of the
affairs of the Union and proposals for legislation as the President
may call for; and (c) if the President so requires, to submit for the consideration of
the Council of Ministers any matter on which a decision has been taken
by a Minister but which has not been considered by the Council.
PARLIAMENT
General79. Constitution of Parliament.- There
shall be a Parliament for the Union which shall consist of the
President and two Houses to be known respectively as the Council of
States and the House of the People.
80. Composition of the Council of States.- (1)The Council
of States] shall consist of- (a) twelve members to be nominated by the President in accordance
with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of
the States [and of the Union territories]. (2) The allocation of seats in the Council of States to be filled by
representatives of the States [and of the Union territories] shall
be in accordance with the provisions in that behalf contained in the
Fourth Schedule. (3) The members to be nominated by the President under sub-clause (a)
of clause (1) shall consist of persons having special knowledge or
practical experience in respect of such matters as the following,
namely:- Literature, science, art and social service. (4) The representatives of each State in the Council of States
shall be elected by the elected members of the Legislative Assembly of
the State in accordance with the system of proportional representation
by means of the single transferable vote. (5) The representatives of the [Union territories] in the Council
of States shall be chosen in such manner as Parliament may by law
prescribe.
[81. Composition of the House of the
People.- (1)[Subject to the provisions
of article 331,],the House of the
People shall consist of-
(a) not more than [five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and
(b) not more than [twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),-
(a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and
(b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State:
[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.]
(3) In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [2026] have been published,[be construed i) for the purpose of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and ii) for the purposes of sub-clause (b) of clause (2) as a reference to the 1991 census]]
82. Readjustment after each census.-
Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:]
[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year [2026] have been published, it shall not be necessary to[readjust i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census; and ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 1991 census, under this article]]
83. Duration of Houses of Parliament.- (1) The Council of States
shall not be subject to dissolution, but as nearly as possible
one-third of the members thereof shall retire as soon as may be on the
expiration of every second year in accordance with the provisions made
in that behalf by Parliament by law. (2) The House of the People, unless sooner dissolved, shall continue
for [five years] from the date appointed for its first meeting and
no longer and the expiration of the said period of [five years]
shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency
is in operation, be extended by Parliament by law for a period not
exceeding one year at a time and not extending in any case beyond a
period of six months after the Proclamation has ceased to operate.
84. Qualification for membership of Parliament.- A person shall not
be qualified to be chosen to fill a seat in Parliament unless he- [(a) is a citizen of India, and makes and subscribes before some
person authorized in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;] (b) is, in the case of a seat in the Council of States, not less than
thirty years of age and, in the case of a seat in the House of the
People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
[85. Sessions of Parliament, prorogation and dissolution.- (1) The
President shall from time to time summon each House of Parliament to
meet at such time and place as he thinks fit, but six months shall not
intervene between its last sitting in one session and the date
appointed for its first sitting in the next session. (2) The President may from time to time- (a) prorogue the House or either House; (b) dissolve the House of the People.]
86. Right of President to address and send messages to Houses.-
(1)
The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of
members. (2) The President may send messages to either House of Parliament,
whether with respect to a Bill then pending in Parliament or
otherwise, and a House to which any message is so sent shall with all
convenient dispatch consider any matter required by the message to be
taken into consideration.
87. Special address by the President.-
(1) At the commencement of [the first session after each general election to the House of the
People and at the commencement of the first session of each year] the
President shall address both Houses of Parliament assembled together
and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of
either House for the allotment of time for discussion of the matters
referred to in such address
88. Rights of Ministers and Attorney-General as respects Houses.-
Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States (1)
The Vice-President of India shall be ex officio Chairman of the
Council of States. (2) The Council of States shall, as soon as may be, choose a member of
the Council to be Deputy Chairman thereof and, so often as the office
of Deputy Chairman becomes vacant, the Council shall choose another
member to be Deputy Chairman thereof. 90. Vacation and resignation of, and removal from, the office of
Deputy Chairman
A member holding office as Deputy Chairman of the
Council of States- (a) shall vacate his office if he ceases to be a member of the
Council; (b) may at any time, by writing under his hand addressed to the
Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council
passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days' notice has been given of the
intention to move the resolution. 91. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.
(1) While the office
of Chairman is vacant, or during any period when the Vice-President is
acting as, or discharging the functions of, President, the duties of
the office shall be performed by the Deputy Chairman, or, if the
office of Deputy Chairman is also vacant, by such member of the
Council of States as the President may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council
of States the Deputy Chairman, or, if he is also absent, such person
as may be determined by the rules of procedure of the Council, or, if
no such person is present, such other person as may be determined by
the Council, shall act as Chairman. 92. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
(1) At
any sitting of the Council of States, while any resolution for the
removal of the Vice-President from his office is under consideration,
the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not, though he is present, preside, and the provisions of clause
(2) of article 91 shall apply in relation to every such sitting as
they apply in relation to a sitting from which the Chairman, or, as
the case may be, the Deputy Chairman, is absent. (2) The Chairman shall have the right to speak in, and otherwise to
take part in the proceedings of, the Council of States while any
resolution for the removal of the Vice-President from his office is
under consideration in the Council, but, notwithstanding anything in
article 100, shall not be entitled to vote at all on such resolution
or on any other matter during such proceedings.
93. The
Speaker and Deputy Speaker of the House of the People. The
House of the People shall, as soon as may be, choose two
members of
the House to be respectively Speaker and Deputy Speaker
thereof and,
so often as the office of Speaker or Deputy Speaker
becomes vacant,
the House shall choose another member to be Speaker or Deputy Speaker,
as the case may be.
94. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker. A member holding office as Speaker or
Deputy Speaker of the House of the People- (a) shall vacate his office if he ceases to be a member of the House
of the People; (b) may at any time, by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is
the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the House of the
People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be
moved unless at least fourteen days' notice has been given of
the intention to move the resolution: Provided further that, whenever the House of the People is dissolved,
the Speaker shall not vacate his office until immediately before the
first meeting of the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the duties
of the office of, or to act as, Speaker. (1) While the office of
Speaker is vacant, the duties of the office shall be performed by the
Deputy Speaker or, if the office of Deputy Speaker is also vacant, by
such member of the House of the People as the President may appoint
for the purpose. (2) During the absence of the Speaker from any sitting of the House of
the People the Deputy Speaker or, if he is also absent, such person as
may be determined by the rules of procedure of the House, or, if no
such person is present, such other person as may be determined by the
House, shall act as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration (1) At
any sitting of the House of the People, while any resolution for the
removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside, and the provisions of clause (2) of
article 95 shall apply in relation to every such sitting as they apply
in relation to a sitting from which the Speaker, or, as the case may
be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to
take part in the proceedings of, the House of the People while any
resolution for his removal from office is under consideration in the
House and shall, notwithstanding anything in article 100, be entitled
to vote only in the first instance on such resolution or on any other
matter during such proceedings but not in the case of an equality of
votes.
97. Salaries and allowances of the Chairman and Deputy Chairman and
the Speaker and Deputy Speaker There shall be paid to the Chairman
and the Deputy Chairman of the Council of States, and to the Speaker
and the Deputy Speaker of the House of the People, such salaries and
allowances as may be respectively fixed by Parliament by law and,
until provision in that behalf is so made, such salaries and
allowances as are specified in the Second Schedule.
98. Secretariat of Parliament
(1) Each House of Parliament shall
have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing
the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment, and the conditions
of service of persons appointed, to the secretarial staff of either
House of Parliament. (3) Until provision is made by Parliament under clause (2), the
President may, after consultation with the Speaker of the House of the
People or the Chairman of the Council of States, as the case may be,
make rules regulating the recruitment, and the conditions of service
of persons appointed, to the secretarial staff of the House of the
People or the Council of States, and any rules so made shall have
effect subject to the provisions of any law made under the said
clause.
Conduct of Business
99. Oath or affirmation by members.-
Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
100. Voting in Houses, power of Houses to act
notwithstanding vacancies and quorum.-
(1) Save as otherwise provided in this Constitution,
all questions at any sitting of either House or joint sitting of the Houses shall be
determined by a majority of votes of the members present and voting, other than the
Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or person acting
as such, shall not vote in the first instance, but shall have and exercise a casting vote
in the case of an equality of votes.
(2) Either House of Parliament shall have power to
act notwithstanding any vacancy in the membership thereof, and any proceedings in
Parliament shall be valid notwithstanding that it is discovered subsequently that some
person who was not entitled so to do sat or voted or otherwise took part in the
proceedings.
(3) Until Parliament by law otherwise provides, the quorum to constitute a
meeting of either House of Parliament shall be one-tenth of the total number of members of
the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be
the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House
or to suspend the meeting until there is a quorum.
Disqualifications of members
101. Vacation of seats.-
(1) No person shall be a member of both Houses of Parliament and provision shall be made
by Parliament by law for the vacation by a person who is chosen a member of both Houses of
his seat in one House or the other. (2) No person shall be a member both of Parliament and
of a House of the Legislature of a State, and if a person is chosen a member both
of Parliament and of a House of the Legislature of [a State], then, at the expiration
of such period as may be specified in rules made by the President, that person's seat
in Parliament shall become vacant, unless he has previously resigned his seat in the
Legislature of the State. (3) If a member of either House of Parliament- (a) becomes
subject to any of the disqualifications mentioned in [clause (1) or clause (2) of
article 102], or (b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is accepted by the
Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:[Provided that in the case of any resignation referred to in sub-clause (b), if from
information received or otherwise and after making such inquiry as he thinks fit, the
Chairman or the Speaker, as the case may be, is satisfied that such resignation is not
voluntary or genuine, he shall not accept such resignation.] (4) If for a period of sixty
days a member of either House of Parliament is without permission of the House absent from
all meetings thereof, the House may declare his seat vacant: Provided that in computing
the said period of sixty days no account shall be taken of any period during which the
House is prorogued or is adjourned for more than four consecutive days. 102. Disqualifications for membership.- (1) A person shall
be disqualified for being chosen as, and for being, a member of either House of
Parliament- (a) if he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by law not to
disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent
court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India or has
voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any
law made by Parliament.[Explanation.-For the purposes of this clause] a person shall
not be deemed to hold an office of profit under the Government of India or the Government
of any State by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of either House of Parliament if
he is so disqualified under the Tenth Schedule. 103. Decision on questions as to disqualifications
of members.- (1) If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications mentioned in clause (1) of
article 102, the question shall be referred for the decision of the President and his
decision shall be final. (2) Before giving any decision on any such question, the
President shall obtain the opinion of the Election Commission and shall act according to
such opinion.] 104. Penalty for sitting and voting before making
oath or affirmation under article 99 or when not qualified or when disqualified.-
If a
person sits or votes as a member of either House of Parliament before he has complied with
the requirements of article 99, or when he knows that he is not qualified or that he is
disqualified for membership thereof, or that he is prohibited from so doing by the
provisions of any law made by Parliament, he shall be liable in respect of each day on
which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt
due to the Union.
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.-
(1) Subject to the provisions of this Constitution and to the
rules and standing orders regulating the procedure of Parliament, there shall be freedom
of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in
any court in respect of anything said or any vote given by him in Parliament or any
committee thereof, and no person shall be so liable in respect of the publication by or
under the authority of either House of Parliament of any report, paper, votes or
proceedings.
(3) In other respects, the powers, privileges and immunities of each House of
Parliament, and of the members and the committees of each House, shall be such as may from
time to time be defined by Parliament by law, and, until so defined,[shall be those of
that House and of its members and committees immediately before the coming into force of
section 15 of the Constitution (Forty-fourth Amendment) Act, 1978].
(4) The provisions of
clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this
Constitution have the right to speak in, and otherwise to take part in the proceedings of,
a House of Parliament or any committee thereof as they apply in relation to members of
Parliament.
106. Salaries and allowances of members.- Members of
either House of Parliament shall be entitled to receive such salaries and allowances as
may from time to time be determined by Parliament by law and, until provision in that
respect is so made, allowances at such rates and upon such conditions as were immediately
before the commencement of this Constitution applicable in the case of members of the
Constituent Assembly of the Dominion of India
Legislative Procedure
107. Provisions as to
introduction and passing of Bills.- (1) Subject to the provisions of articles 109 and 117
with respect to Money Bills and other financial Bills, a Bill may originate in either
House of Parliament. (2) Subject to the provisions of articles 108 and 109, a Bill shall
not be deemed to have been passed by the Houses of Parliament unless it has been agreed to
by both Houses, either without amendment or with such amendments only as are agreed to by
both Houses. (3) A Bill pending in Parliament shall not lapse by reason of the prorogation
of the Houses. (4) A Bill pending in the Council of States which has not been passed by
the House of the People shall not lapse on a dissolution of the House of the People. (5) A
Bill which is pending in the House of the People, or which having been passed by the House
of the People is pending in the Council of States, shall, subject to the provisions of
article 108, lapse on a dissolution of the House of the People.
(1) If after a Bill has been passed by one House and transmitted to the other House- (a)
the Bill is rejected by the other House; or (b) the Houses have finally disagreed as to
the amendments to be made in the Bill; or (c) more than six months elapse from the date of
the reception of the Bill by the other House without the Bill being passed by it, the
President may, unless the Bill has elapsed by reason of a dissolution of the House of the
People, notify to the Houses by message if they are sitting or by public notification if
they are not sitting, his intention to summon them to meet in a joint sitting for the
purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall
apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in
clause (1), no account shall be taken of any period during which the House referred to in
sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive
days. (3) Where the President has under clause (1) notified his intention of summoning the
Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but
the President may at any time after the date of his notification summon the Houses to meet
in a joint sitting for the purpose specified in the notification and, if he does so, the
Houses shall meet accordingly. (4) If at the joint sitting of the two Houses the Bill,
with such amendments, if any, as are agreed to in joint sitting, is passed by a majority
of the total number of members of both Houses present and voting, it shall be deemed for
the purposes of this Constitution to have been passed by both Houses: Provided that at a
joint sitting- (a) if the Bill, having been passed by one House, has not been passed by
the other House with amendments and returned to the House in which it originated, no
amendment shall be proposed to the Bill other than such amendments (if any) as are made
necessary by the delay in the passage of the Bill; (b) if the Bill has been so passed and
returned, only such amendments as aforesaid shall be proposed to the Bill and such other
amendments as are relevant to the matters with respect to which the Houses have not
agreed; and the decision of the person presiding as to the amendments which are admissible
under this clause shall be final. (5) A joint sitting may be held under this article and a
Bill passed thereat, notwithstanding that a dissolution of the House of the People has
intervened since the President notified his intention to summon the Houses to meet
therein.
109. Special procedure in respect of Money Bills.- (1) A Money Bill
shall not be introduced in the Council of States. (2) After a Money Bill has been passed by the House of the People it
shall be transmitted to the Council of States for its recommendations
and the Council of States shall within a period of fourteen days from
the date of its receipt of the Bill return the Bill to the House of
the People with its recommendations and the House of the People may
thereupon either accept or reject all or any of the recommendations
of the Council of States. (3) If the House of the People accepts any of the recommendations of
the Council of States, the Money Bill shall be deemed to have been
passed by both Houses with the amendments recommended by the Council
of States and accepted by the House of the People. (4) If the House of the People does not accept any of the
recommendations of the Council of States, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was
passed by the House of the People without any of the amendments
recommended by the Council of States. (5) If a Money Bill passed by the House of the People and transmitted
to the Council of States for its recommendations is not returned to
the House of the People within the said period of fourteen days, it
shall be deemed to have been passed by both Houses at the expiration
of the said period in the form in which it was passed by the House of
the People.
(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only
provisions dealing with all or any of the following matters, namely:- (a) the imposition, abolition, remission, alteration or regulation of
any tax; (b) the regulation of the borrowing of money or the giving of any
guarantee by the Government of India, or the amendment of the law with
respect to any financial obligations undertaken or to be undertaken by
the Government of India; (c) the custody of the Consolidated Fund or the Contingency Fund of
India, the payment of moneys into or the withdrawal of moneys from any
such Fund; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure; (f) the receipt of money on account of the Consolidated Fund of India
or the public account of India or the custody or issue of such money
or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in
sub-clauses (a) to (f). (2) A Bill shall not be deemed to be a Money Bill by reason only that
it provides for the imposition of fines or other pecuniary penalties,
or for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority
or body for local purposes. (3) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker of the House of the People thereon shall be
final. (4) There shall be endorsed on every Money Bill when it is transmitted
to the Council of States under article 109, and when it is presented
to the President for assent under article 111, the certificate of the
Speaker of the House of the People signed by him that it is a Money
Bill.
When a Bill has been passed by
the Houses of Parliament, it shall be presented to the President, and the President shall
declare either that he assents to the Bill, or that he withholds assent therefrom:
Provided that the President may, as soon as possible after the presentation to him of a
Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message
requesting that they will reconsider the Bill or any specified provisions thereof and, in
particular, will consider the desirability of introducing any such amendments as he may
recommend in his message, and when a Bill is so returned, the Houses shall reconsider the
Bill accordingly, and if the Bill is passed again by the Houses with or without amendment
and presented to the President for assent, the President shall not withhold assent
therefrom.
Procedure in Financial Matters
112.Annual financial
statement.- (1) The President shall in respect of every financial year cause to be laid
before both the Houses of Parliament a statement of the estimated receipts and expenditure
of the Government of India for that year, in this Part referred to as the "annual
financial statement". (2) The estimates of expenditure embodied in the annual
financial statement shall show separately- (a) the sums required to meet expenditure
described by this Constitution as expenditure charged upon the Consolidated Fund of India;
and (b) the sums required to meet other expenditure proposed to be made from the
Consolidated Fund of India, and shall distinguish expenditure on revenue account from
other expenditure. (3) The following expenditure shall be expenditure charged on the
Consolidated Fund of India- (a) the emoluments and allowances of the President and other
expenditure relating to his office; (b) the salaries and allowances of the Chairman and
the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the
House of the People; (c) debt charges for which the Government of India is liable
including interest, sinking fund charges and redemption charges, and other expenditure
relating to the raising of loans and the service and redemption of debt; (d) (i) the
salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;
(ii) the pensions payable to or in respect of Judges of the Federal Court; (iii) the
pensions payable to or in respect of Judges of any High Court which exercises jurisdiction
in relation to any area included in the territory of India or which at any time before the
commencement of this Constitution exercised jurisdiction in relation to any area included
in [a Governor's Province of the Dominion of India]; (e) the salary, allowances and
pension payable to or in respect of the Comptroller and Auditor-General of India; (f) any
sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so
charged. (1) So much of the estimates as relates to expenditure charged upon the
Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing
in this clause shall be construed as preventing the discussion in either House of
Parliament of any of those estimates. (2) So much of the said estimates as relates to
other expenditure shall be submitted in the form of demands for grants to the House of the
People, and the House of the People shall have power to assent, or to refuse to assent, to
any demand, or to assent to any demand subject to a reduction of the amount specified
therein. (3) No demand for a grant shall be made except on the recommendation of the
President. 114. Appropriation Bills.- (1) As soon as may be after the
grants under article 113 have been made by the House of the People, there shall be
introduced a Bill to provide for the appropriation out of the Consolidated Fund of India
of all moneys required to meet- (a) the grants so made by the House of the People; and (b)
the expenditure charged on the Consolidated Fund of India but not exceeding in any case
the amount shown in the statement previously laid before Parliament. (2) No amendment
shall be proposed to any such Bill in either House of Parliament which will have the
effect of varying the amount or altering the destination of any grant so made or of
varying the amount of any expenditure charged on the Consolidated Fund of India, and the
decision of the person presiding as to whether an amendment is inadmissible under this
clause shall be final. (3) Subject to the provisions of articles 115 and 116, no money
shall be withdrawn from the Consolidated Fund of India except under appropriation made by
law passed in accordance with the provisions of this article.
115. Supplementary, additional or excess grants.- (1) The
Preisident shall- (a) if the amount authorised by any law made in accordance with the
provisions of article 114 to be expended for a particular service for the current
financial year is found to be insufficient for the purposes of that year or when a need
has arisen during the current financial year for supplementary or additional expenditure
upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the
amount granted for that service and for that year, cause to be laid before both the Houses
of Parliament another statement showing the estimated amount of that expenditure or cause
to be presented to the House of the People a demand for such excess, as the case any be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such
statement and expenduture or demand and also to any law to be made authorising the
appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or
the grant in respect of such demand as they have effect in relation to the annual
financial statement and the expenditure mentioned therein or to a demand for a grant and
the law to be made for the authorisation of appropriation of moneys out of the
Consolidated Fund of India to meet such expenditure or grant. 116. Votes on account, votes of credit and exceptional
grants.- (1) Notwithstanding anything in the foregoing provisions of this Chapter, the
House of the People shall have power- (a) to make any grant in advance in respect of the
estimated expenditure for a part of any financial year pending the completion of the
procedure prescribed in article 113 for the voting of such grant and the passing of the
law in accordance with the provisions of article 114 in relation to that expenditure; (b)
to make a grant for meeting an unexpected demand upon the resources of India when on
account of the magnitude or the indefinite character of the service the demand cannot be
stated with the details ordinarily given in an annual financial statement; (c) to make an
exceptional grant which forms no part of the current service of any financial year; and
Parliament shall have power to authorise by law the withdrawal of moneys from the
Consolidated Fund of India for the purposes for which the said grants are made. (2) The
provisions of articles 113 and 114 shall have effect in relation to the making of any
grant under clause (1) and to any law to be made under that clause as they have effect in
relation to the making of a grant with regard to any expenditure mentioned in the annual
financial statement and the law to be made for the authorisation of appropriation of
moneys out of the Consolidated Fund of India to meet such expenditure.
117. Speical provisions as to financial Bills.- (1) A Bill
or amendment making provision for any of the matters specified in sub-clauses (a) to (f)
of clause (1) of article 110 shall not be introduced or moved except on the recommendation
of the President and a Bill making such provision shall not be introduced in the Council
of States: Provided that no recommendation shall be required under this clause for the
moving of an amendment making provision for the reduction or abolition of any tax. (2) A
Bill or amendment shall not be deemed to make provision for any of the matters aforesaid
by reason only that it provides for the imposition of fines or other pecuniary penalities,
or for the demand or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted
and brought into operation, would involve expenditure from the Consolidated Fund of India
shall not be passed by either House of Parliament unless the President has recommended to
that House the consideration of the Bill.
Procedure Generally
118. Rules of procedure.- (1) Each
House of Parliament may make rules for regulating, subject to the provisions of this
Constitution, its procedure and the conduct of its business. (2) Until rules are made
under clause (1), the rules of procedure and standing orders in force immediately before
the commencement of this Constitution with respect to the Legislature of the Dominion of
India shall have effect in relation to Parliament subject to such modifications and
adaptations as may be made therein by the Chairman of the Council of States or the Speaker
of the House of the People, as the case may be. (3) The President, after consultation with
the Chairman of the Council of States and the Speaker of the House of the People, may make
rules as to the procedure with respect to joint sittings of, and communications between,
the two Houses. (4) At a joint sitting of the two Houses the Speaker of the House of the
People, or in his absence such person as may be determied by rules of procedure made under
clause (3), shall preside.
119. Regulation by law of procedure in
Parliament in relation to financial business.- Parliament may, for the purpose of the
timely completion of financial business, regulate by law the procedure of, and the conduct
of business in, each House of Parliament in relation to any financial matter or to any
Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so
far as any provision of any law so made is inconsistent with any rule made by a House of
Parliament under clause (1) of article 118 or with any rule or standing order having
effect in relation to Parliament under clause (2) of that article, such provision shall
prevail.
120. Language to be used in Parliament.- (1)
Notwithstanding anything in Part XVII, but subject to the provisions of article 348,
business in Parliament shall be transacted in Hindi or in English: Provided that the
Chairman of the Council of States or Speaker of the House of the People, or person acting
as such, as the case may be, may permit any member who cannot adequately express himself
in Hindi or in English to address the House in his mother-tongue. (2) Unless Parliament by
law otherwise provides, this article shall, after the expiration of a period of fifteen
years from the commencement of this Constitution, have effect as if the words "or in
English" were omitted therefrom.
121. Restriction on discussion in Parliament.- No
discussion shall take place in Parliament with respect to the conduct of any Judge of the
Supreme Court or of a High Court in the discharge of his duties except upon a motion for
presenting an address to the President praying for the removal of the Judge as hereinafter
provided.
122. Courts not to inquire into proceedings of
Parliament.- (1) The validity of any proceedings in Parliament shall not be called in
question on the ground of any alleged irregularity of procedure. (2) No officer or member
of Parliament in whom powers are vested by or under this Constitution for regulating
procedure or the conduct of business, or for maintaining order, in Parliament shall be
subject to the jurisdiction of any court in respect of the exercise by him of those
powers.
LEGISLATIVE POWERS OF THE PRESIDENT
123.Power
of President to promulgate Ordinances during recess of Parliament.- (1) If at any time,
except when both Houses of Parliament are in session, the President is satisfied that
circumstances exist which render it necessary for him to take immediate action, he may
promulgate such Ordinances as the circumstances appear to him to require. (2) An Ordinance
promulgated under this article shall have the same force and effect as an Act of
Parliament, but every such Ordinance- (a) shall be laid before both Houses of Parliament
and shall cease to operate at the expiration of six weeks from the reassembly of
Parliament, or, if before the expiration of that period resolutions disapproving it are
passed by both Houses, upon the passing of the second of those resolutions; and (b) may be
withdrawn at any time by the President. Explanation.- Where the Houses of Parliament are
summoned to reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause. (3) If and so far as an
Ordinance under this article makes any provision which Parliament would not under this
Constitution be competent to enact, it shall be void.
124. Establishment and constitution of Supreme Court.- (1) There
shall be a Supreme Court of India consisting of a Chief Justice of
India and, until Parliament by law prescribes a larger number, of not
more than seven other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the
President by warrant under his hand and seal after consultation with
such of the Judges of the Supreme Court and of the High Courts in the
States as the President may deem necessary for the purpose and shall
hold office until he attains the age of sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief
Justice, the Chief Justice of India shall always be consulted:
Provided further that-
(a) a Judge may, by writing under his hand addressed to the President,
resign his office;
(b) a Judge may be removed from his office in the manner provided in
clause (4).
[(2A) The age of a Judge of the Supreme Court shall be determined
by such authority and in such manner as Parliament may by law
provide.]
(3) A person shall not be qualified for appointment as a Judge of the
Supreme Court unless he is a citizen of India and-
(a) has been for at least five years a Judge of a High Court or of two
or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of
two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I.- In this clause "High Court" means a High Court which
exercises, or which at any time before the commencement of this
Constitution exercised, jurisdiction in any part of the territory of
India.
Explanation II.- In computing for the purpose of this clause the
period during which a person has been an advocate, any period during
which a person has held judicial office not inferior to that of a
district judge after he became an advocate shall be included.
(4) A Judge of the Supreme Court shall not be removed from his office
except by an order of the President passed after an address by each
House of Parliament supported by a majority of the total membership of
that House and by a majority of not less than two-thirds of the
members of that House present and voting has been presented to the
President in the same session for such removal on the ground of proved
misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the presentation
of an address and for the investigation and proof of the misbehaviour
or incapacity of a Judge under clause (4).
(6) Every person appointed to be a Judge of the Supreme Court shall,
before he enters upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third
Schedule.
(7) No person who has held office as a Judge of the Supreme court
shall plead or act in any court or before any authority within the
territory of India.
125. Salaries, etc., of Judges [(1) There shall be paid to the
Judges of the Supreme Court such salaries as may be determined by
Parliament by law and, until provision in that behalf is so made, such
salaries as are specified in the Second Schedule.]
(2) Every Judge shall be entitled to such privileges and allowances
and to such rights in respect of leave of absence and pension as may
from time to time be determined by or under law made by Parliament
and, until so determined, to such privileges, allowances and rights as
are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge nor
his rights in respect of leave of absence or pension shall be varied to
his disadvantage after his appointment.
126. Appointment of acting Chief Justice When the office of Chief
Justice of India is vacant or when the Chief Justice is, by reason of
absence or otherwise, unable to perform the duties of his office, the
duties of the office shall be performed by such one of the other
Judges of the Court as the President may appoint for the purpose.
127. Appointment of ad hoc, Judges (1) If at any time there should
not be a quorum of the Judges of the Supreme Court available to hold
or continue any session of the Court, the Chief Justice of India may,
with the previous consent of the President and after consultation with
the Chief Justice of the High Court concerned, request in writing the
attendance at the sittings of the Court, as an ad hoc Judge, for such
period as may be necessary, of a Judge of a High Court duly qualified
for appointment as a Judge of the Supreme Court to be designated by
the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in
priority to other duties of his office, to attend the sittings of the
Supreme Court at the time and for the period for which his attendance
is required, and while so attending he shall have all the
jurisdiction, powers and privileges, and shall discharge the duties,
of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme Court.-
Notwithstanding anything in this Chapter, the Chief Justice of India
may at any time, with the previous consent of the President, request
any person who has held the office of a Judge of the Supreme Court or
of the Federal Court [or who has held the office of a Judge of a
High Court and is duly qualified for appointment as a Judge of the
Supreme Court] to sit and act as a Judge of the Supreme Court, and
every such person so requested shall, while so sitting and acting, be
entitled to such allowances as the President may by order determine
and have all the jurisdiction, powers and privileges of, but shall not
otherwise be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that Court
unless he consents so to do.
129. Supreme Court to be a court of record The Supreme Court shall
be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
130. Seat of Supreme Court The Supreme Court shall sit in Delhi or
in such other place or places, as the Chief Justice of India may, with
the approval of the President, from time to time, appoint.
131. Original jurisdiction of the Supreme Court Subject to the
provisions of this Constitution, the Supreme Court shall, to the
exclusion of any other court, have original jurisdiction in any
dispute-
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one
side and one or more other States on the other; or
(c) between two or more States,
if and in so far as the dispute involves any question (whether of law
or fact) on which the existence or extent of a legal right depends:
[Provided that the said jurisdiction shall not extend to a dispute
arising out of any treaty, agreement, covenant, engagement, sanad or
other similar instrument which, having been entered into or executed
before the commencement of this Constitution, continues in operation
after such commencement, or which provides that the said jurisdiction
shall not extend to such a dispute.]
131A. [Exclusive jurisdiction of the Supreme Court in regard to questions
as to constitutional validity of Central laws.] Rep. by the Constitution
(Forty-third Amendment) Act, 1977, s. 4 (w.e.f.13-4-1978).
132. Appellate jurisdiction of Supreme Court in appeals from High
Courts in certain cases.- (3) Where such a certificate is given,any party in the case
may appeal to the Supreme Court on the ground that any such question
as aforesaid has been wrongly decided.
Explanation.-For the purposes of this article, the expression "final
order" includes an order deciding an issue which, if decided in favour
of the appellant, would be sufficient for the final disposal of the
case.
(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order of a High Court in the
territory of India, whether in a civil, criminal or other proceeding,[if the High Court certifies under article 134A] that the case
involves a substantial question of law as to the interpretation of
this Constitution.
133. Appellate jurisdiction of Supreme Court in appeals from High
Courts in regard to civil matters.- [(1) An appeal shall lie to the
Supreme Court from any judgment, decree or final order in a civil
proceeding of a High Court in the territory of India [if the High
Court certifies under article 134A-] (a) that the case involves a substantial question of law of general
importance; and (b) that in the opinion of the High Court the said question needs to
be decided by the Supreme Court.] (2) Notwithstanding anything in article 132, any party appealing to
the Supreme Court under clause (1) may urge as one of the grounds in
such appeal that a substantial question of law as to the
interpretation of this Constitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless
Parliament by law otherwise provides, lie to the Supreme Court from
the judgment, decree or final order of one Judge of a High Court.
134. Appellate jurisdiction of Supreme Court in regard to criminal
matters.- (1) An appeal shall lie to the Supreme Court from any
judgment, final order or sentence in a criminal proceeding of a High
Court in the territory of India if the High Court-
(a) has on appeal reversed an order of acquittal of an accused person
and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court
subordinate to its authority and has in such trial convicted the
accused person and sentenced him to death; or
(c)[certifies under article 134A] that the case is a fit one for
appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such
provisions as may be made in that behalf under clause (1) of article 145
and to such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further
powers to entertain and hear appeals from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of
India subject to such conditions and limitations as may be specified
in such law.
[134A. Certificate for appeal to the Supreme Court Every High
Court, passing or making a judgment, decree, final order, or sentence,
referred to in clause (1) of article 132 or clause (1) of article 133,
or clause (1) of article 134,-
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the
party aggrieved, immediately after the passing or making of such
judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making, the
question whether a certificate of the nature referred to in clause (1)
of article 132, or clause (1) of article 133 or, as the case may be,
sub-clause (c) of clause (1) of article 134, may be given in respect
of that case.]
135. Jurisdiction
and powers of the Federal Court under existing law
to be exercisable by the Supreme
Court.- Until Parliament by law
otherwise provides, the Supreme Court shall also have jurisdiction and
powers with respect to any matter to which the provisions of
article
133 or article 134 do not apply if jurisdiction and powers in relation
to that matter were exercisable by the
Federal Court immediately
before the commencement of this Constitution under any existing law. 136. Special leave to appeal by the Supreme Court
(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in
its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence or order in any cause or matter passed
or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted
by or under any law relating to the Armed Forces.
137. Review of
judgments or orders by the Supreme Court.- Subject to
the provisions of any law made by Parliament or any rules made
under
article 145, the Supreme Court shall have power to review any judgment
pronounced or order made by it.
138. Enlargement of the jurisdiction of the Supreme Court (1) The
Supreme Court shall have such further jurisdiction and powers with
respect to any of the matters in the Union List as Parliament may by
law confer.
(2) The Supreme Court shall have such further jurisdiction and powers
with respect to any matter as the Government of India and the
Government of any State may by special agreement confer, if Parliament
by law provides for the exercise of such jurisdiction and powers by
the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain
writs
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.
[139A. Transfer of certain cases [ (1) Where cases involving
the same or substantially the same questions of law are pending before
the Supreme Court and one or more High Courts or before two or more
High Courts and the Supreme Court is satisfied on its own motion or on
an application made by the Attorney-General of India or by a party to
any such case that such questions are substantial questions of general
importance, the Supreme Court may withdraw the case or cases pending
before the High Court or the High Courts and dispose of all the cases
itself:
Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of
its judgment on such questions to the High Court from which the case
has been withdrawn, and the High Court shall on receipt thereof,
proceed to dispose of the case in conformity with such judgment.]
(2) The Supreme Court may, if it deems it expedient so to do for the
ends of justice, transfer any case, appeal or other proceedings
pending before any High Court to any other High Court.]
140. Ancillary powers of Supreme Court.- Parliament may by law make
provision for conferring upon the Supreme Court such supplemental
powers not inconsistent with any of the provisions of this
Constitution as may appear to be necessary or desirable for the
purpose of enabling the Court more effectively to exercise the
jurisdiction conferred upon it by or under this Constitution.
141. Law declared by Supreme Court to be binding on all courts The
law declared by the Supreme Court shall be binding on all courts
within the territory of India.
142. Enforcement of decrees and orders of Supreme Court and orders
as to discovery, etc.- (1) The Supreme Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary
for doing complete justice in any cause or matter pending before it,
and any decree so passed or order so made shall be enforceable
throughout the territory of India in such manner as may be prescribed
by or under any law made by Parliament and, until provision in that
behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by
Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for the
purpose of securing the attendance of any person, the discovery or
production of any documents, or the investigation or punishment of any
contempt of itself.
143. Power of President to consult Supreme Court
(1) If at any time
it appears to the President that a question of law or fact has arisen,
or is likely to arise, which is of such a nature and of such public
importance that it is expedient to obtain the opinion of the Supreme
Court upon it, he may refer the question to that Court for
consideration and the Court may, after such hearing as it thinks fit,
report to the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso
to article 131, refer a dispute of the kind mentioned in the [said
proviso] to the Supreme Court for opinion and the Supreme Court shall,
after such hearing as it thinks fit, report to the President its
opinion thereon.
144. Civil and judicial authorities to act in aid of the Supreme
Court.- All authorities, civil and judicial, in the territory of India
shall act in aid of the Supreme Court.
144A.
[Special provisions as to disposal of questions relating
to constitutional validity of laws.]
Rep. by the Constitution
(Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).
145. Rules of Court, etc (1) Subject to the provisions of any law
made by Parliament, the Supreme Court may from time to time, with the
approval of the President, make rules for regulating generally the
practice and procedure of the Court including-
(a) rules as to the persons practising before the Court;
(b) rules as to the procedure for hearing appeals and other mattters
pertaining to appeals including the time within which appeals to the
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of
any of the rights conferred by Part III;
[(cc) rules as to the proceedings in the Court under [article
139A];]
(d) rules as to the entertainment of appeals under sub-clause (c) of
clause (1) of article 134;
(e) rules as to the conditions subject to which any judgment
pronounced or order made by the Court may be reviewed and the
procedure for such review including the time within which applications
to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the
Court and as to the fees to be charged in respect of proceedings
therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal which
appears to the Court to be frivolous or vexatious or brought for the
purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause (1)
of article 317.
(2) Subject to the [provisions of clause (3)], rules made
under this article may fix the minimum number of Judges who are to sit
for any purpose, and may provide for the powers of single Judges and
Division Courts.
(3)The minimum number of Judges who are to sit for the
purpose of deciding any case involving a substantial question of law
as to the interpretation of this Constitution or for the purpose of
hearing any reference under article 143 shall be five:
Provided that, where the Court hearing an appeal under any of the
provisions of this Chapter other than article 132 consists of less
than five Judges and in the course of the hearing of the appeal the
Court is satisfied that the appeal involves a substantial question of
law as to the interpretation of this Constitution the determination of
which is necessary for the disposal of the appeal, such Court shall
refer the question for opinion to a Court constituted as required by
this clause for the purpose of deciding any case involving such a
question and shall on receipt of the opinion dispose of the appeal in
conformity with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open
Court, and no report shall be made under article 143 save in
accordance with an opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at
the hearing of the case, but nothing in this clause shall be deemed to
prevent a Judge who does not concur from delivering a dissenting
judgment or opinion.
146. Officers and servants and the expenses of the Supreme Court
(1) Appointments of officers and servants of the Supreme Court shall
be made by the Chief Justice of India or such other Judge or officer
of the Court as he may direct: Provided that the President may by rule require that in such cases as
may be specified in the rule, no person not already attached to the
Court shall be appointed to any office connected with the Court, save
after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the
conditions of service of officers and servants of the Supreme Court
shall be such as may be prescribed by rules made by the Chief Justice
of India or by some other Judge or officer of the Court authorised by
the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they
relate to salaries, allowances, leave or pensions, require the
approval of the President. (3) The administrative expenses of the Supreme Court, including all
salaries, allowances and pensions payable to or in respect of the
officers and servants of the Court, shall be charged upon the
Consolidated Fund of India, and any fees or other moneys taken by the
Court shall form part of that Fund. 147. Interpretation In this Chapter and in Chapter V of Part VI,
references to any substantial question of law as to the interpretation
of this Constitution shall be construed as including references to any
substantial question of law as to the interpretation of the Government
of India Act, 1935 (including any enactment amending or supplementing
that Act), or of any Order in Council or order made thereunder, or of
the Indian Independence Act, 1947, or of any order made thereunder.
148. Comptroller and Auditor-General of India.-
(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court. (2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. (4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. (5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General. (6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.149. Duties and powers of the Comptroller and Auditor-General.-
The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.150. Form of accounts of the Union and of the States.- The accounts of the Union and of the States shall be kept in such form as the President may,[on the advice of] the Comptroller and Auditor-General of India, prescribe.
151. Audit reports.-
(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. (2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.